HomeMy WebLinkAbout09-0216 Going Bare Foot ': �► .
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The Agreement for Artist services
goingbarefoot-inc. a presenter's point of view... an artist's standard of performance
1410 Shepherd St., Durham, NC www.goingbarefoot.com doc. #: GBMW011610SB
Stephen Barefoot 919.489.1541 stephen@goingbarefoot.com date issued: 02/16/09
Jennifer Hovey 208.870.7235 jennifer@goingbarefoot.com
Please note:
By signatures of Artist and Purchaser on the next page, items as
specified on this cover addendum become officially part of the
standard performance event contract form attached, as issued by
goingbarefoot inc. Items specified below, provided as terms by the
Purchaser, are hereby provided and take precedence over any
related issued stated hereinafter regarding these specific issues.
1. The agreement will be between goingbarefoot inc. for services of
NC Stage Co., Inc. for performance of the theatrical adaptation
IT'S A WONDERFUL LIFE: A LIVE RADIO PLAY and the City of Elgin,
an Illinois municipal corporation.
2. The signer of the contract as Purchaser will be Sean Stegall,
Assistant City Manager.
3. This Agreement shall be subject to and governed by the
laws of the State of Illinois. Venue for the resolution of any
disputes or the enforcement of any rights arising out of or in
connection with this Agreement shall be in the Circuit Court of
Kane County, Illinois.
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The Agreement for Artist Services
goingbarefoot•inC. a presenter's point of view... an artist's standard of performance
1410 Shepherd St., Durham, NC www.goingbarefoot.com doc. #: GBIAWL1205/09SB
Stephen Barefoot 919.489.1541 stephen@goingbarefoot.com date issued: 2/16/09
Jennifer Hovey 208.870.7235 jennifer@goingbarefoot.com
This agreement for the engagement specified is provided by goingbarefoot on behalf of the artist noted.
Any and all attached riders are deemed part of this official contract document and considered validated
by the signature below. Four copies are provided. Purchaser is to sign & return three sets, maintaining
'purchaser file copy' as reference until fully executed copy is returned to you. The Venue Offer Form is
attached as reference to each of the four documents. See valuable promotional & marketing resources
in the Presenters Toolkit link at the bottom of the artist's page at www.goingbarefoot.com. A pre-
addressed envelope is provided for your convenience.
1. Artist/Attraction: IT'S A WONDERFUL LIFE: A LIVE RADIO PLAY
Unless specified or otherwise arranged, no opening act is approved or permitted.
2. Name & Full Address of Purchaser: City of Elgin, IL, for Hemmens Cultural Center, 45 Symphony
Way, Elgin,IL 60120;Butch Wilhelmi, Exec.Dir.; 847.931.5905;wilhelmi bPcityofelgin.org
3.Name&Full Address of Presenting Organization or venue, if different:
4. Day/s,date/s of engagement: Saturday,Dec.5,2009; two performances; 60-mile radius exclusivity
5. Venue capacity: 1247; Ticket price range: $ 10-$30 Venue merch. %com.: 20%
6. Length of performance: 85 min. *The show is performed without intermission.
7. Curtain times: 3 &7 PM nightly;house opens half hour prior to curtain
Artist load-in 5 hours prior to first curtain;dinner served in-venue to company between shows.
8. Number of persons traveling with artist/company: 6-7 persons total,unless notified otherwise.
9. Venue opting to purchase 1 2 or none 2-min. customized/localized radio commercials to
be created by the Artist, with Presenter approval, to be included within the performance, at a cost of$150
per spot;Total supplement added for customized commercials: $ TBD (see info in rider.)
10.Presenter desires to purchase local one-time radio broadcast rights, at a fee of$550: (see rider)
Station, frequency and scheduled air-date: TBD
These two optional items (#9& /0) will be billed directly by NC Stage Co. to the presenting organization,
and must be confirmed in writing NO LATER THAN 90 days prior to performance date.
11. Compensation agreed upon (amount & terms): Combined two-performance fee $7,000, plus $600
travel subsidy. Payment schedule as follows: $2000 advance deposit to be received no less than 60 days
prior to event (by Oct. 5), with performance fee balance of$5000-plus-$600 travel subsidy to be received
no later than 48 hours prior to performance date (by Dec. 3, 2009); city, company or certified check, made
payable to goingbarefoot inc. f/s/o NC Stage Co.,mailed or expressed to goingbarefoot inc., 1410 Shepherd
St., Durham, NC 27707. goingbarefoot inc. is an NC corporation. Any additional fees for custom
commercials or broadcast rights to be confirmed made payable to NC Stage Co., delivered to company
manager prior to performance.
12. In addition, purchaser agrees to provide (plus other backline or provisions as may be described in
attached rider): Minimum three hotel doubles for up to two nights; Green Room hospitality at time of load-
in, with hot meal served in-venue between performances. All production specifications per rider attached.
Unless specified otherwise, performances are prohibited from being recorded, reproduced and/or
transmitted from place of performance without express permission from signatory personnel/artist.
13. The addendum attached hereto as"Attachment A" shall be incorporated into and made a part
of this Agreement.
Artist: NC Stage Company,Inc., Purchaser: • of Elgin,Illinois
A North Carol a corporation
a
Signature of Artis r Representative Signa of Purchaser Re resentat.
g P g P
goingbarefoot•inc. Print Name&Position: Sean Steg ,Asst. City Mgr.
1410 Shepherd St. City of Elgin, Illinois
Durham,NC 27707 150 Dexter Court
tel. 919.489.1541;cel. 919.614.1235 Elgin, IL 60120
goingbarefoot ID: 56-1907648 Corp ID:
NC Stage Co. fed ID: 56-2266836 Date signed:
purchaser master copy: X artist master copy: agency copy I:_ purchaser file copy:_
Y
"Attachment A"
The Agreement for Artist Services
goingbarefoot•inc. a presenter's point of view... an artist's standard of performance
1410 Shepherd St., Durham, NC 27707 www.goingbarefoot.com 919.489.1541
The following additional terms are provided and stated as integral part of this Agreement.
1. Presenter will furnish adequate and reasonable rehearsal, performance and preparatory space, without
misrepresentation of facility condition, capacity or capability to present performance as contracted.
Facilities shall include adequate and reasonable provision of safe, clean and secure dressing rooms for the
duration of the Artist's stay on site.
2. Any necessary variances from Artist's rider or performance specifications or requirements, attached or
noted on cover document and deemed part of Agreement for Artist Services, shall be brought to attention
of Artist's representative in timely advance notice and discussed so that the most equitable solution may
be reached to the satisfaction of both parties. This notice shall apply to any and all technical
requirements, provision of backline or other equipment, personnel or services described.
3. If applicable, presenting organization agrees to pay any licensing fees (such as ASCAP and BMI)
incurred for performance of program by contracted Artist/s.
3. goingbarefoot•inc. is not responsible for any acts or defaults of artist. The non-arrival of Artist, due
to incorrect information provided by Presenter on the cover contract, does not relieve the Presenter of
full responsibility. Contract is not binding on Artist until document is signed by Artist or Artist's
representative. Signed contract is binding on Presenting Organization, its representatives and successors.
4. "Force Majeure" shall be defined as state of emergency due to weather, illness, death or
incapacitation of a key member of the Artist company as determined by the sole judgment of the Artist,
or death or life-threatening illness of an immediate family member of a key member of the Artist
company; any present or future statute, laws, ordinance, regulation, order, judgment or decree; act of
God; earthquake; fire; flood; epidemic; accident; explosion; casualty; lockout, boycott, strike or labor
controversy including but not limited to threat of boycott, lockout or strike; riot; civil disturbance; war or
armed conflict, whether or not there has been an official declaration of war or official statement as to
the existence of a state of war; invasion, occupation, intervention of military force, act of public enemy,
embargo or ac—or threat of terrorism; delay of a common carrier; disruption of air traffic, labor,
transportation, power or other essential commodity required in the conduct of its business or services; or
any other similar or dissimilar cause or causes outside the reasonable control of either party.
5. In the event that the performance of any of the obligations of this Agreement on the part of the Artist
or the Presenter be prevented, interrupted, delayed or suspended by any force majeure event as defined
herein, either party may terminate this Agreement without any liability on either party for any damages
arising from such termination. Termination for a force majeure event shall not be deemed a breach of
the agreement. In the event of cancellation of the performance/s for a force majeure event, Presenter
shall be able to re-engage the Artist within a one-year period, subject to Artist's availability, on the same
terms and conditions as set forth herein.
the performance, except for sole negligence on the part of the Artist, Artist's agents or representatives.
7. When possible, Presenter is requested to note in printed program that Artist is represented by
goingbarefoot•inc., www.goingbarefoot.com.
8. In the event that the Presenting organization materially neglects or refuses to provide any of the items
present the program, with local Presenting organization being liable to Artist for any damages on account
thereof.
9. The terms of this Agreement shall be severable. In the event that any of the terms or provisions of this
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Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this
Agreement shall remain in full force and effect.
10. This Agreement shall not be construed so as to create a joint venture, employment, partnership or
other agency relationship between the parties hereto.
11. This Agreement is the only agreement between the parties hereto regarding the subject matter hereof.
There are no other agreements, either oral or implied, between the parties hereto regarding the subject
matter hereof.
12. Artist shall hold harmless and indemnify Purchaser from and against any and all causes of action,
claims for damages, lawsuits and any and all other liability arising out of or alleged to have arisen out of the
performance of this Agreement by either party hereto. In the event Purchaser invokes the provisions of this
paragraph, counsel for Purchaser shall be of Purchaser's choosing. The provisions of this paragraph shall
survive any termination and/or expiration of this Agreement.
13. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the
enforcement of any rights and the resolution of any disputes arising out of or in connection with the
provisions or performance of this Agreement shall be in the Circuit Court of Kane County, Illinois.
AGREED:
BY: BY: �✓
FOR: The City of Elg' , Illin 's FOR: NC Stage Company, Inc.
DATE: g ` /7 DATE: VO61/e,9
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OFFER FORM
SHOW INFORMATION
Artist: It's a Wonderful Life, A Radio Play Set-Up: TBD
Date(s)of Performances: Saturday, December 5, 2009 Soundcheck: TBD
Number of Performances: Two (2) Doors: 2:30 & 6:30pm
Other Acts on Bill: None Performance 3:00 &.S-06 -7
Time(s):
Agency Going Barefoot, Inc. Contact 1410 Shepherd St., Durham, NC 27707
& Agent: Stephen Barefoot info: 919-489-1541 I Stephen@gpingbarefoot.com
VENUE INFORMATION
Venue: The Hemmens Cultural Center Capacity: 1,247
Address: 45 Symphony Way, Elgin, IL 60120, USA
Main Telephone: 847-697-3616 Fax: 847-931-5940
Contact: Butch Wilhelmi Contact Phone: 847-931-5905
Contact E-mail: wilhelmi b@cityofelgin.orq
Technical Contact: Pat Raddatz Technical Phone: 847-931-5904
Tech Contact E-mail: raddatz p@cityofelgin.org
SHOW/OFFER TERMS
Offer Amount: $ 7,000 US Dollars Date of Offer: 1/16/2009
Made By: Butch Wilhelmi, Cultural Center Supervisor Offer Expires: 2/ 16/2009
Additional • Flat plus $600 Travel Subsidy, hotel (three rooms x two nights) in Elgin,
Terms: Illinois; house sound and lights.
• All payments shall be made by City of Elgin, Illinois check. Please specify on
contract face payment schedule and appropriate Payees.
• Ticket prices below"not to exceed". Purchaser shall seek show sponsors
(with Artist's approval) and season sponsors in an effort to offer lower ticket
prices.
• This offer does not include air or ground transportation.
• This offer is contingent upon the artist neither performing nor advertising
another date within 60 miles of Elgin, Illinois within 60 days before or after the
date in question.
• This offer is contingent upon review and approval in writing of the artist's
current rider. All reasonable requirements will be met.
Scaling: 47 @ $ 30.00 Golden Circle Scheduled 15%for Groups of 20+
Per show 891 @ $ 20.00 Main Floor Discounts: 5% for purchases of 3+shows
311 @ $ 10.00 Balcony 10% for purchase of 5+ shows
25% + two chaperone for tours
Merchandise: Purchaser receives 20% of gross Scheduled 10 @ $20.00 for Artist I show
merchandise sales. Comps: 20 @ $20.00 for Venue I show
Comments: Presenter will receive additional discount if Block Booking route can be arranged.
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[
Tech Rider : It's a Wonderful Life
A Live Radio Play
* See special marketing opportunities described
goingbarefoot•inc. a presenter's point of view... an artist's standard of performance
1410 Shepherd St., Durham, NC 27707 www.goingbarefoot.com
Stephen Barefoot 919.489.1541 stephen@goinQbarefoot.com
Jennifer Hovey 208.870.7235 jennifer@goingbarefoot.com
For technical/production inquiries:
Contact Hans Meyer at North Carolina Stage Company (NCSC)
15 Stage Lane, Asheville, NC 28801
off. 828.239.0263, ext. 34; cel. 917.334.1695; hans@immediatetheatre.org
The following technical requirements are integral to the performance. If any of the
requirements included cannot be met, please contact Hans Meyer and NCSC
promptly. See contact info above. While the production allows for flexibility of
venues, it is essential to discuss and approve required changes before a commitment
to perform is made, in order to ensure the highest quality performance. There are
minimal specific measurements, particularly in regard to electrics, batten-drop
placement, cyc, scrim, et al. This is intentional due to the variation of venues in
which the performance can be presented, with the specifications noted in this
document based on optimum facility conditions. Production expectations are flexible
and can be tailored to the capability of individual facilities.
This rider is to be attached to and made part of the contract dated
between goingbarefoot•inc. f/s/o NCSC, hereinafter referred to as the Artist, and
, hereinafter referred to as the Purchaser.
Please read this rider carefully. It is an essential part of the attached contract for a
performance by the Artist. By signing it, you are agreeing to supply the Artist(s) with
certain equipment and working conditions that are essential to this performance. Any
breach of the terms of this rider is a breach of the contract and may cause the Artist
to cancel the performance, without releasing you from obligation to pay them.
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* Presenter's Additional Unique Marketing Opportunities
A. Customized radio commercials performed live during the play
Built into the event are opportunities for two sponsorships. Worked into the fabric of
the show, just as in vintage 1940's radio, sponsors are thanked at the beginning and
end of each show and have a tailored, period-style approx. 2-min. advertisement
delivered live by the actors during "commercial breaks" in our story. The audience
enjoys the nostalgia of old fashioned advertising styles combined with the local flavor
of a real ad for a neighborhood business, making the advertisements crowd favorites.
Presenters may "sell" up to two such sponsorships per performance, or presenter may
choose to honor local businesses or major donors by providing this benefit as a thank-
you. To keep the magic and illusion of our 1940's world alive, sponsorships are best
suited to businesses that existed or could have existed in 1946: car dealerships,
restaurants, clothing stores, pharmacies, etc.
These live commercials are available to the presenter at a cost of $150 each, in
addition to the performance fee contracted. If you are interested in discussing this
option, please contact NC Stage Company directly. A form will be issued for you to
provide the essential information required by the Artist to craft the commercial spot,
which will be sent to you for your approval.
The best way to understand the magic of these playful sponsorship opportunities is to
listen to one of our tailored advertisements and hear the audience's enjoyment at:
http://www.ncstage.org/wb/pages/its-a-wonderful-life=returns.php
B. Live One-Time On-Air Radio Broadcast in Your Community
[AWL producing partners North Carolina Stage Company and immediate theatre
project have secured rights for presenters who wish to record this performance for a
one-time live or delayed re-broadcast of this performance on your local community
radio. A special one-page licensing agreement will be required between NC Stage
Company and the presenting organization, with an added fee of $550 for this
taping/broadcast privilege. This fee will be payable on day of live performance, prior
to performance, directly to NC Stage Company.
For information, contact Hans Meyer at NC Stage Company.
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1. Artist shall receive billing on all advertising, posters, flyers, programs, tickets, as:
"IT'S A WONDERFUL LIFE: A LIVE RADIO PLAY"
Adapted by Joe Landry
Produced by NC Stage Company and immediate theatre project,
by special arrangement with Playscripts, Inc.
2. Purchaser shall provide the following at his/her sole expense:
A. DRESSING ROOM:
The venue must provide two clean lockable private dressing rooms, each capable of
accommodating three actors comfortably. Dressing rooms shall be well lighted, and
heated or air-conditioned. Each room must have nonpublic access to performing area.
Each room must have lights and mirrors, chairs and tables, costume rack, and nearby
clean lavatory with sink and hot and cold running water, well supplied with soap,
toilet tissue and towels. Company must have uninterrupted access to dressing rooms
throughout the duration of the residency, including load-in and load-out.
B. HOSPITALITY >:t LODGING: Presenter wilt provide catering for load-in (see below)
and a full hot meal (no fast food) for six persons at least two hours before specified
curtain time.
At load-in: Hot water for tea (assorted, decaffeinated and caffeinated, herbal) and
coffee, with sugar, sugar substitutes, honey, lemon, and milk. Additionally, six
bottled diet-cola (Coke or Pepsi products); six bottles of regular cola (Coke or Pepsi
products); six bottles of available 'sports-drink' (flavored Gatorade is sufficient); and
a selected variety of fresh-fruits (not 'prepared'). Twelve bottles of room
temperature still mineral water. Several hand towels available off stage. If
applicable, hospitality items must be replenished for each performance.
Hot meal: Company will provide information regarding any dietary restrictions at least
two weeks before scheduled performance.
Accommodations: All accommodations approved by artist; minimum 3 rooms required,
each with two double beds. Private entry and private bath required, with working
climate-control capability. Minimum standard for hotel accommodations should be
comparable to (or above) those similar to Hampton Inn or Fairfield Inn (Standard
Tourist-Calibre Accommodations).
C. Ten (10) complimentary seats, when available, in preferred locations, per show
for company's use. The Artist or their representative will contact box office no later
than three hours prior to performance as to how many of the comp seats will be used.
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D. A safe and securely erected stage with sufficient space and dimensions for the
Artist to perform comfortably and safely.
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3. FORCE MAJEURE Artist shall have the right to terminate Agreement if:
A. There is an accident or delay in means of transportation or if in Artist's judgment,
performance of engagement may directly or indirectly expose Artist or any employee
of Artist or operator or any portion of the audience to death or injury by outbreak of
violence or civil strife of any kind.
B. Performance of Artist's obligations shall be rendered impossible or impractical by
reason of strikes, civil unrest, order of public authority epidemic, dangerous weather
conditions, national or local state of emergency, fire or other event or condition of
any kind of character.
4. Purchaser shall not commit Artist to any personal appearances, interviews or any
type of promotion or appearance without Artist's prior consent.
5. Artist reserves the sole and exclusive right to determine the content of the
performance.
6. Purchaser shall not permit and will prevent:
A. The recording, filming, taping, videotaping, photographing of the Artist's
performance, or any portion thereof, without the Artist's prior written consent and
payment of any associated fees.
B. The manufacture, distribution, and/or sale of any and all souvenir items
associated with the Artist or Artist's performance, without Artist's approval.
7. Payment/Settlement:
Purchaser is to pay Artist's representative according to procedure and schedule
outlined on contract cover page, or if otherwise, prior to performance,
the guaranteed amount or the balance of the guaranteed amount if a deposit has
already been paid. Payments are to be in the form of certified or company check, as
specified on the face of the contract. In an occasional situation where a percentage
agreement or overage clause is in effect, any balance due is to be paid immediately
after the closing of the box office. Unless otherwise approved, this final settlement
will take place no later than sixty (60) minutes after the performance. At that time, a
ticket printer's manifest and a detailed box office statement signed by the Purchaser
is to be given to Artist's representative. This statement is subject to the approval of
Artist or Artist's representative.
8. Purchaser agrees not to, under any circumstances, deduct any
monies whatsoever from the agreed upon payments to Artist under this agreement,
including any state or federal taxes of any kind, with prior discussion and approval by
Artist.
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9. In the event of a conflict, Artist may cancel the engagement without liability, by
giving the Purchaser at least sixty (60) days written notice to such effect.
10. Purchaser shall indemnify and hold Artist(s), Management, its contractors,
agents, employees, licensees, and designees harmless from and against any loss,
damage, or expense, including reasonable attorney's fees incurred, suffered by or
threatened against Purchaser in connection with any claim for personal injury or
property damage, brought by or on behalf of any party in connection with the
engagement. Purchaser further agrees to provide public liability and workman's
compensation (if required by Purchaser) with respect to this engagement(s).
11. Artist shall have the right of approval of Supporting Act or Acts appearing with
Artist during engagement hereunder, and the percent of Billing for said Act or
Acts; said approval not to be unreasonably withheld.
Technical Specifications
A. Performance Space
Climate-controlled (performance) venue with a clear, flat performing area. If
performance area is raked, this must be discussed on a case-by-case basis prior to
booking. Space must be no less than 20'x25' with a height clearance of 10'. Ideal
performance venues range in seating capacity from 100 to 1,000 seats. (For further
reference, see standard performance set design/lay-out included.) For all
performances, safe access into the house from the stage is required. Central position
preferred, but side/aisle steps to stage permissible when necessary.
B. Set/Staging/Lighting
1. Staging
For theatre venues of 100 to 1,000 seats, flexible staging is possible for this
production. The performance can be done on a proscenium stage or thrust. If done
proscenium style on a large venue stage, standard blacks (curtains) or standard flats
are highly recommended to tighten the performance space. (For further reference,
see standard performance set design/lay-out included.) For other performance venues
such not inherently considered 'theatre' venues, flexible staging is also possible for
these performance spaces. Minimizing any external forms of light penetrating the
performance area is highly recommended when possible.
2. Set
Set consists of props tables (dimensions will be made available at least two weeks
prior to first performance), four stools, three music stands, and two microphones with
stands.
-Venue must provide one standard 2.5' x 6' "church" table.
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-Venue must provide three standard black concert music stands.
-Venue must provide access to source of water which with to fill large tub and potable
water for Company's onstage water pitchers.
-Venue must provide four identical wooden stools, black or brown or stained wood.
3. Lighting
-Venue must provide a general wash across the playing area.
-Venue must provide at least two special circuits/channels, each capable of being
controlled independently from the control booth (these control the On-Air and
Applause signs; see stage layout diagram for placement).
-Venue must be prepared to hang one special, at Artist's request.
-Venue must provide access to at least one working electrical outlet on stage (up
center).
-If light board and soundboard are in separate locations (i.e. if both cannot be
simultaneously run by one person), venue must provide light board operator and
Clearcom communication channel between board positions.
The most specific lighting need is light by which to read the scripts on the stands (see
layout below). Preferred solution is two instruments at extreme angles from the
back, one on either side. We don't need any specific colors, but a warm wash is
nice.
C. Sound
Sound system suitable for size of venue is recommended. Venue must provide a house
system consisting of (minimum requirements): a mixer with at least five XLR channel
inputs (including at least one with phantom power) and one set of stereo RCA or
inputs, amplifier(s), equalizer, house speaker system, two onstage monitors, and
cables and plugs as necessary. Please ensure all sound equipment is setup and tested
prior to the Company's arrival (Company will provide all necessary microphones and
stands).
D. Crew
One crew member with a knowledgeable awareness of the technical equipment and
equipment operation at the venue (provided for this performance) is required.
At least one crew member needs to be available for a tech rehearsal, from 4 to 5
hours prior to the performance.
E. Load in/Set up Time
For performances that occur in the evening, access to the performance space is
required at least four to five hours prior to the opening of the house (for example, if a
house opens at 7:30PM for an 8PM start time, access to the space is required no later
than 3PM). At least one crew member should be available during this time period.
F. Load out/Strike
Load-out/Strike occurs approximately within thirty minutes after the performance is
completed.
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G. Directions
Please provide directions and/or map to facility and hotel.
Name of Lead Technician (please type or print)
Contact information for Lead Technician (phone or pager, and email)
Standard Stage layout
ILLUMINATED PROPS TABLE ILLUMINATED
SIGN SIGN
PROPS TABLE
TABLE, TABLE,
STOOLS STOOLS
MUSIC STAND, MUSIC STAND,
MIC MIC
DOWNSTAGE
Any proposed additional terms and conditions, which may be affixed to this contract
and rider by the Purchaser, do not become part of this contract until signed by
the Artist. By sole act of signing, Purchaser readily accepts all provisions of the
Artist's contract, regardless of any additions or deletions that the Purchaser may try
to make.
AGREED AND ACCEPTED:
17-fre/
PURL ASER RTIST
Date signed:
3 i9 dq
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