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HomeMy WebLinkAbout09-0219 MPI II 1. ,, 09-oavi M.P.I. 9255 Sunset Blvd., Suite 407 Los Angeles,CA 90069 (310)859-7300 • FAX(310)275-7437 ARTIST ENGAGEMENT AGREEMENT n 1, AGREEMENT made this 19TH day of FEBRUARY, 2009 by and J�(// corporation HCC/DC between the CITY OF ELGIN , an Illinois municipal doing business as the CITY OF ELGIN (hereinafter called''operator")and DBC, INC. f/s/o DAVID CASSIDY (hereinafter called "artist")residing at 9255 Sunset Boulevard, Suite 407,Los Angeles,CA 90069. WHEREAS,operator seeks to engage the services of artist,and WHEREAS, artist is willing to perform services for operator upon the terms and conditions hereinafter set forth, NOW THEREFORE, in consideration of the foregoing,the execution hereof and the full and faithful performance of the covenants herein, it is agreed as follows: 1. TERMS OF ENGAGEMENT: Operator hereby engages artist and artist hereby accepts said engagement to present an act as entertainer consisting of an entire show to perform C"J at the THE HEMMENS CULTURAL CENTER/Erin, IL for a / period of 4144consecutive day(s). one (1) show 8:00 p.m.—90 minutes HCC/DC The said engagement shall commence on Saturday, February 13, 2010 and continue through Saturday, February 13, 2010 . Performance shall be rendered in accordance with operator's general house policies, including but not limited to scheduling and length of performance. l.a. Ticket Price 47 a,$75;317 Q,$50;574 Q,$40;303 (a,$25 • b. Gross Potential TBD c. Seating Capacity 1,239 2. COMPENSATION: Operator agrees to pay artist and artist agrees to accept as full payment,the sum of $25,000.00 (twenty five thousand dollars). Fifty percent(50%) due January 13, 2010 and • balance due day of show. Deposit should be payable to MPI and balance to DBC, INC. f/s/o City of Elgin DAVID CASSIDY. All monies to be paid via check. *SEE Hcc/ DC CONTRACT ADDENDUM* 5.5,, y f CONTRACT. Ai tist has the .:gl.t to caned saitl-enb ement-attcl- t11-net-be-Itelel HCC/DC IF.dik undu any wa.umNlauLe if the Lout'aLt 6 nut signed and I etu,ued within G(lren(1_1)day,of d.tte'ef o ig.ct. 4. BENEFITS:. The artist shall not be required to appear in or attend any benefit without his express consent. 5. SEVERABILITY: If any portion of this agreement is in conflict with any applicable Federal or State law now in force or hereafter inacted,such provision shall become inoperative,but all other provisions of this ,,,,eeyy,)e� agreement shall remain in force and intact. /0` 6. INTERPRETATION AND DISPUTES: The agreement shall be interpreted in accordance with the laws HCC/DC Illinois of the State of Califuiuia. All disputes arising under this Agreement shall be heard in a court of competent (-Of n!Mkirn Vs'i 'tiicY� • 1 Kane County Illinois � jurisdiction located in Loa Angeles C ottitt5--C=rlif n'nia only. The prtvai--hgpart) rn ,my stn.h action-shall be entitled HCC / DC 'e receive his,her or ita teaa,),iahL..dtOi,wt, fc,e,tad[anti. 7. RIDER: Artist's rider will be attached to this agreement. Such rider shall form a part of this contract as fully set forth above. Said rider shall supersede any other rider that Operator may or may not attach to contact. S. MODIFICATION: No purported modification or amendment of this Agreement shall be of any force or G, effect unless and until reduced to writing and signed both by Operator and by an authorized representative of Artist. Fi/ /1116 Q.�C\NETIQC\r: Operator agrees that Artist may cancel the engage[lent hcreundet�at rats 's sol `7 HCC / DC discretion.by giv' g kerator notice thereof at least _ t ys .no to th of fie neat c a e engagement hereunder. Artist will not be held liable under any circumstances. 4 5 / t f 10. FORCE ivIAJEURE: in the event of sickness o or accident to Artist,or, except as hereinafter HCC/ DC provided, if a performance is prevented, rendered impossible or unfeasible; by any act or regulation of any public authority or bureau.civil tumult. strike,epidemic. interruption in or delay of transportation services, war conditions or emergencies,or any cause beyond the control of Artist. it is understood and agreed that Artist shall be relieved of Operator Artist's obligations hereunder with respect to such performance and t sear shall have no claims of any kind or nature against Artist relating to such obligations. in the event of the non-performance of a portion of Artist's engagement for any of the reasons set forth in this paragraph 10, Artist shall be fully compensated for Artist's performance of that portion of his engagement which shall have been performed. In the event any monies in excess of the compensation to which Artist shall be entitled therefor shall theretofore have been advanced to Artist,Artist Operator shall return any such excess to fltipellifser. inclement weather rendering performance impossible or unfeasible shall -not be deemed a cause beyond the control of the parties for the purpose of this agreement, and payment of Artist's compensation in lull shall he made to Artist notwithstanding such weather; provided, however, that Artist is ready. Operator's willing and able to perform pursuant to the terms hereof. fl cchaser's obligations hereunder shall also be subject to � e atoY's trciasers inability to perform by reason of act or regulation of any public authority or bureau.civil tumult,strike. epidemic. interruption in or delay of transportation services,war condition or emergencies or any other cause Operator's � beyond Ilrrchascr s control. . 5� ( j�5 / t� " 1-f—fNCLE [N Eyi,„ .,R: -•,._.,:._`,anything eontaMal he+etn: inefesr,tr,t ttcat#tersirn))-rtert HCC/ DC be-dcuned to trrz-finee,a anajeuit IICetmerTtr,and taw Opt.iatut ,hall ternaui liable rut pay taunt of the oil Lenn,act�:..,ikf isle- e\�n if the p,rformunez(s)enlial for het in are ptz\1ntc-i t,\ se atl�ercerttci. _ —Aiti,t,h:rfl'i-n-re-thy , � r stile eight to LickI iliac ill good faith tvhethei any such weattrci'taandi-duns shrill render-OR-pet formance(sf . iinpt7„i1r1c. 1 fdt:LIRJUUStit un,aftyJ` re(Y-1 _ 12. COLLA"I'iRAL USE: Operator shall not make or permit others to make any radio or television r broadcast, any motion picture,or any sound recordings of Artist's performance hereunder.except with Artist's prior written approval. 0• 5 '/015 IITLCII?4ICAL EQUiP�IENT. itradditiou to house senmd and lighting,Oftuawl ,hafi funii,ll to Atti,t HCC/1YDC airy additional sound nn+4 iting e1uipment that Artiat may sluing,ut Operntor'3 aJie coat. f i .--PERCENTAGE-C:I tl-i-S-E;�-In-eases\\-hen; -t\'the let-is--be-nrr-paid-orr bas -(}a-pereentage- ispersrtoi'_ S�HCC/ DC agrees to delive o the Artist's representative. .P.1.,9255 Sunset Blvd,. Suite 407, Los Angeles.Califon ., 90069. at least two(2)weeks •rior to the date of performance.a plot plan and printer's manifest of the hot (notarized. signed statement from the p •tier of tickets. listing amount of tickets printed at each price). ;Opor further agrees to have on hand at the place of pe 'armance the night of the show, for counting and \eri cation by representative of the Artist, all unsold tickets. Artist sha .e compensated for the difference betVeen the number of unsold tickets on hand and shown to it's representative and the i nber of tickets on hand-Shown by the ticket manifest. If Artist shall violate any of the preceding provisions of the paragr,.h, it shall.be deemed that Operator has sold a ticket for each seat in the house(and any permitted standing room)at the- "hest ticket price for which the house is scaled. -_ Operator_further agree`' to give said repre,entatavC the fight to en --the box-office at any time(during,and after the - performance(s)and to examine and make exn=acts from the box-office -cords of Operator relating to the gross receipts of this engagement. A written-box-office statement,certified and sic 'el by the Operator will be furnished to Artist's representative priiooi,tci the end of the performance. Operator may not se ickets to performance herein as part of a subscription of:•o Ii per type of series of other concerts. without the written consen f,Artist. All tickets printed under t1l-Manifest shall be of the one stub,one price variety. There shall be no multiple rice tickets printed. ;, ampler of tickets prohibited under this agreement are: /''' 1. One price for students and a different price for general admission on the same ticket.or: -- -- 2--One-price-fo-dockets-bong-tit-in-act-vane-and-a-di-GfeFen-t-ptiee-fee--tickets-tat-[matte-tamale-smri,tieket.- t er.no titkcts tan Lc sold forst.atS loLatcd ar. y .- -ttrtlIc[car of the state;xclreie the st and cuipineirt-tin N/A obstructing • al eye-level viewing of the Artist's performance,unless the location of the seat is-etearly indicated 9 on the ticket. Tickets s ehind bandstand must be marked"impaired vision"o, beh a bandstand". If Operator HCC/DC violates the above agreement,he sic e liable for the total amount o.f trtTZets sold at the highest price printed on the ticket. All tickets shall be printed by a bonde - t Jlnusx ample-Globe Tickets.Arcus-Simplex)or. if the performance is at a college or university.tlte offic I rintm ailment of the university or college. Operator agrees not to discount tic e1-3- r to offer tickets as a premium without i btaining permission in writing from the Artist. If 0 • or does sell or distribute discount or complimentary tickets withou --or approval,or in excess of e--rmmbcrprrrted, he-ftrfEtickct price of cacr _'_ ticket_-era d . 15. TICKET BREAKDOWN: Operator will clearly print the specific capacity,gross potential,and ticket price breakdown of the facility where Artist is to perform under this agreement on the face of the contract that this 4 agreement is attached hereto. �'/ VO lG-. ADMISSION POLICY. Operator agrees that if NO ABIbttSS-ION is clhargc.d to airy part of tilt. • HCC/DC audience fur the engagement hereunder,this corrditiurr must Le so stated on tire-fate o-fthe-attachtd contract. If;at the engagement,there i3 evidence that admi33ion was or i3 being subscN , p/ Optmato(agrees that Artist roust re,.eive di e hundred perectte-(I00%)of the ad-r}m n receipts collected. 5 > 17. It is expressly agreed that M.P.I.acts herein as Artist's Agent and is not responsible for any act of HCC/DC Operator. commission or omission on the part of either Artist or PuncInasel. I r - - N/A engagement pursuant to t to tereof,the term "gross receipts''or"gross box office-receipts similar phrases. 5��t•' shall mean all box office receipts computed on v of the.full-retail-ticket price for all tickets sold and in no HCC/ DC _-- event less than the full retail ticket price.for-aII persons entering the -lances with no deductions of any kind, less only federa tate-or"focal admissions taxes and allowable discounts as approved y ' in writing. The -@$era agrees-te-sealerthe-t-ieket prices for-tfirs-ettgtmetmertt-to-gtraratttee-poterrti-a{-gross-reeerpts e€-noNess S 19. NON-LIABILITY OF AGENT: Operator acknowledges that M.P.I. is not a party to this Agreement, has made no warranties or representations to Operator,and is not legally responsible for the performance or non- performance of the Agreement by Artist. 20. ENTIRE AGREEMENT: This instrument,the attached addendum and the attached Artist Rider constitute the entire agreement of the parties with respect to the subject matter addressed herein. There are no other promises, understandings,agreements, representations.warranties or'obligations by and between the parties except for those which are expressly contained in this document or the attached addendum and rider. IN WITNESS WHEREOF,the parties have executed this agreement on the date and year first written above AGREED TO AND ACCEPTED: AGREED TO AND ACCEPTED: ..--"'''''`,.("1;742'1 1 4 a ,ix/7x,, _ . __ _ __ _ , CITY OF ELGIN DBC, INC. f/s/o DAVID CASSIDY SEAN STEGALL CONTRACT ADDENDUM /�S 1) Operator to provide and pay for one (1) suite and five (5) single rooms for one (1) 7� /J night (Saturday, February 13, 2010) at a deluxe hotel to be approved by Artist's HCC/ DC management. 2) Operator to provide house sound & lights and ground transportation by City car or van between O'Hare International Airport, hotel in Elgin, IL and venue. 3) Radius Clause: 60 miles, within 60 days before or after the date in question. 4) Merchandise: 80/20. 5) Artist to receive 20 comps. 6) SPL limit of 105 dB at FOH mix position. 7) House mix position is in Balcony and rather tight. 8) If not touring with LD, Operator will not commit to lighting needs beyond house QJ inventory. 02 9) They terms of this Agreement shall be severable. In the event that any HCC/ DC of the terms or provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this Agreement shall remain in full force and effect. s /ivitpo 10) This Agreement shall not be construed so as to constitute a joint venture, HCCII/ DC employment, partnership or other agency relationship between the parties hereto. r5911) Notwithstanding anything to the contrary in this Agreement, under no circum- HCC/ DC stances shall Operator's liability to Artist exceed the total sum of Twenty-Five Thousand Dollars ($25,000) ." • • DAVID CASSIDY RIDER In regard to the proposed David Cassidy engagement in Elgin, Illinois on Saturday, February 13, 2010 this rider sets forth additional terms and conditions regarding the said engagement. This rider has been prepared to enable ARTIST to provide the best possible performance. In order to accomplish this, it is necessary that the following points of this rider be met. If there is any reason why you, the PURCHASER, deem it necessary to make any changes in these basic requirements, please call and inform Production Manager Frank Fabio 702 339 8442. If there are any changes in this rider, they must be approved IN WRITING prior to performance. BILLING: BILLING TO APPEAR AS FOLLOWS: David Cassidy in Concert The ARTIST does not require nor provide an opening act. However, if PURCHASER requests an opening act, it will be provided at PURCHASER'S sole expense and with the ARTIST'S sole right of approval. Opening Act would then perform for a minimum of thirty (30) minutes, and billing would never exceed twenty-five percent (25%). No tickets can be sold for seats located to the rear of the stage where the stage and equipment on stage is obstructing normal eye level viewing of the ARTIST'S performance, unless the location of the seat is clearly indicated on the ticket. (FOR PROSCENIUM STAGE EVENTS ONLY.) For temporary theatre-in-the-round, tickets sold behind the bandstand must be marked "impaired vision" or "behind bandstand." re654. PURCHASER agrees to provide artist with twenty (20) concert tickets in "VIP" HCC / DC "Premium" section at PURCHASER'S sole expense. 5. PURCHASER will not permit the recording or broadcast, oral and/or visual, of any performance without the written consent of the ARTIST at least ten (10) days prior to performance. Approval shall be granted through Jo-Ann Geffen at (818) 905-5511. The name of the ARTIST may not be used or associated, directly or indirectly with any product or service without the ARTIST'S written consent. The PURCHASER shall guarantee proper security at all times to ensure the safety of the ARTIST'S instruments, costumes and personal property, before, during and after ARTIST'S performance. Particular security must be provided in areas of dressing rooms, stage areas, and all exits and entrances to the auditorium or facility. Security protection shall commence upon arrival of the group or their personnel or belongings on the premises. FACILITIES: PURCHASER agrees to furnish, at its sole expense, at the place(s) of performance, three dressing rooms, which shall be equipped with mirrors and electricity. All facilities must be heated or air-conditioned as appropriate and furnished to ARTIST VW? Pcazciosle S2 cat our4-6 " 01 + • / with security d d poste at the oor prior, during and up to the time when all ARTIST'S HCC / DC property has been removed. The room shall be clean and adequate for ARTIST and performers. Dressing rooms must be accessible to stage without any passing through audience areas. All security arrangements are subject to ARTIST'S representative's approval. ARTIST DRESSING ROOM: - makeup lighting (with all light bulbs working) - private restroom and shower, soap, 6 hand towels, 4 wash cloths, 4 bath towels - seating area - tissues - costume rack - ten (10) bottles of still water - hot water for tea, English Breakfast Tea, skim milk, Equal, honey, tea cups and saucers, silverware - crackers, fruit - one turkey sandwich on wheat bread with lettuce only and Dijon mustard on the side, French fries - glassware - linen napkins - bottle opener - ironing board - iron - steamer - distilled water (1 gallon) - twenty(20) hangers BAND DRESSING ROOMS: (to be dispersed between remaining two rooms) makeup lighting (with all light bulbs working) seating soap, tissues, eighteen (18) towels costume rack one case bottled water each access to restrooms coffee hot water for tea English breakfast tea honey, lemons sugar, equal 2% milk saucers, cups Deli tray with assorted meats and breads and cheese crackers and fruit platter Assorted sodas and beer Dinners if provided by venue 2 bottles of merlot 3 six packs of beer Stella Artois, Budweiser, Heineken **In regards to wardrobe, it is requested that a wardrobe attendant be available prior and during the performance to aid in needs of the ARTIST and his entourage, at the sole expense of the PURCHASER.** • STAGE FACILITIES: a. PURCHASER shall use reasonable efforts to furnish a stage with normal ingress and egress on both sides with the following dimensions: minimum width of thirty (30) feet and minimum depth of twenty-five (25) feet. Stage and platforms will be provided at sole expense of PURCHASER as per attached rendering, and in location at the venue prior to arrival of the ARTIST and his entourage for sound check. Also required will be one stool no taller than three feet in height. On stage, there must be three (3) hand towels for the ARTIST as well as two (2) bottles of still water to be placed on stage. In addition, backstage area should have close access to restrooms and a case of bottled water per show. b. ARTIST and party shall direct the assemblage of all instruments and properties used in the presentation and the aforesaid instruments and properties shall not be moved, relocated and/or used in any other way than as dictated by road/production manager of ARTIST without expressed permission of the same, and understood that there shall be at least fifteen (15) minutes prior to each performance for the re-checking of ARTIST'S instruments and equipment by ARTIST'S road/production manager. Arrangements must be made by the PURCHASER for his staff to be at the venue no less than four (4) hours before the concert begins. Sound system manager and any other person directly concerned with the presentation of the concert must also be present at this time. PURCHASER must have his telephone number on the attached contract where he/she can be reached throughout the twenty-four (24) hours prior to performance. c. In order that the ARTIST may present his act to the best of his ability, it is expressly understood that no person(s) are allowed on the side of the stage during ARTIST'S performance, except those directly concerned with the production of the show (the PURCHASER'S stage and ARTIST'S road crew) and guest(s) of S�S the ARTIST. ARTIST reserves the right to ask any person not directly concerned /e2 with the production (as heretofore mentioned) to leave the behind stage area HCC / DC immediately and PURCHASER will arrange for such reasonable request to be complied with. No photographers are allowed on stage during the performance except those photographers directly commissioned by the ARTIST or media photographers approved by ARTIST'S representative. d. PURCHASER agrees to provide at its sole expense stagehands, electricians, and lighting and sound personnel for all performances hereunder as necessary, including but not limited to a front of house sound engineer, monitor engineer, lighting director and two (2) spot operators. PURCHASER shall pay all costs incurred in connection to loading and installation of lighting and scenic equipment, sound equipment and any other related technical set-up required, as well as all costs incurred in connection with load out of the same. In addition, regular house sound and lighting engineers and crew must be provided during equipment load-in, set-up, rehearsals, all performances and load-out. IT IS REQUIRED THAT ALL PLATFORMS, MUSIC STANDS WITH LIGHTS AND REQUESTED BACKLINE IS ON PROPERTY AND INSTALLED BY THE HOUSE STAFF OR BACK LINE COMPANY NO LATER THAN 12:00 NOON ON THE DAY OF SCHEDULED SOUND CHECK AND PERFORMANCE. • SOUND SYSTEM Purchaser shall furnish a complete stage monitor and house PA system Purchaser shall complete with mixing consoles, speakers, power amplifiers, equalizers, provide house sound reverb units, microphones, mix stands, power distribution system, all system with contracted necessary cabling and accessories, Also note that both monitor and front Monitor Rig. If of house sound engineers are to be provided by PURCHASER. purchaser is providing FOH engineer, Sound System Approval purchaser will provide Entire sound system and house mix position must be approved by outboard equipment, ARTIST'S production manager no later than fourteen (14) days prior to capable of creating engagement. In addition, such system is subject to final approval by same desired effects, that is or his representative on day of first performance. familiar to house engineer. In the event that the sound system or portions thereof are deemed not - f / acceptable, PURCHASER, at its sole cost and expense, shall be HCC / DC responsible for providing any and all equipment specified by ARTIST'S production manager. PURCHASER SHALL PROVIDE, AT SOLE EXPENSE, A FIRST CLASS SOUND SYSTEM, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: House Sound System House sound system must be at least bi-amplified, preferably tri- amplified, employing horn-loaded bass cabinets, constant directivity horns and wide dispersion tweeters. Bass cabinets must be of solid construction, with state-of-the-art loudspeakers enclosed therein. Gauss, JBL, Meyer, Yamaha, are examples of such. Horns and other high frequency components must be of the same professional quality. A 11 transducers in the sound system must be functioning correctly and must be free of any distortion or other defects when sound system is set up. Such transducers must be powered by state-of-the-art amplifiers capable of producing sufficient power to allow the transducers to function properly and without distortion. eJ¢5 / Delay Speakers Not Applicable If the seating area exceeds 125 feet in depth or 75 feet in width, a delay HCC / DC system is mandatory. Delay speakers shall be of the same manufacture as the main PA and shall be at least bi amplified. System Specifications System must be set up in a manner as to provide even coverage +/- 1.5 db 5 2.5 / throughout the audience seating. System must be capable of producing a HCC / DC sound pressure level of 120 105db, unweighted, at the house mix position, with frequency response of+/- 1.5 db from 50 Hz to 15 KHz. House mix position should be on center, approximately two thirds of the distance from the apron edge of the stage to the rear wall of the venue. House mix position is located in the center of the balcony. System must be completely free of distortion at the above-mentioned level and frequency response. System Crossover/Equalizers If the system uses crossovers with adjustable output levels, such crossovers must be at the house mix location, and accessible to the house mix engineer to make adjustments. In addition, high quality 1/3 octave equalizers for system equalization must also be at the house mix position, and must also be accessible to ARTIST'S house mix, engineer to make adjustments. System Configuration System must be set up in stereo configuration if physically possible, and with a center cluster in addition to the left and right system, wherever setup allows for such. Therefore, system should have three discreet parts, left, right, center, and just have separate electronic crossover and 1/3 octave equalizers, for each part. House Mix Position It should be in the area at least 10 feet by 10 feet, free of any other equipment besides sound equipment, and inaccessible to audience members. At time of setup, it must contain the following equipment, in perfect working order: Yamaha PM5000-52 3000 32 mixing console with power supply or PM S 41000 or Midas XL 200 ot> Lexicon 224XL Multi Effects Proc. or Equivalent HCC / DC Roland SDE 3000 Digital Delay or Equivalent Yamaha SPX 990 Verb Digital delays for effects DBX 4-60 166X compressor limiters 5) Noise Gates CD-R and if available a DAT recorder All system electronic crossovers and 1/3 octave equalizers House Mix Position Electricity At least two (2) standard U-ground 120VAC receptacles must be available at the house mix position, with their power source being the same as that of the rest of the sound system, including the power to be provided for ARTIST'S stage monitor system. / 04, House Mix Position Placement/ Approval HCC / DC House mix position is located in the center of the balcony. In-the event rhrehouse—rnix po tion--mr"st be place w4here there—are usually seats, such seats must be removed in order to make room for the mix position. The consoles and outboard equipment, together with room for operators, will require the use of approximately six (6) to eight (8) seats per row in three (3) rows. Under no circumstances shall the house mix position be under any balcony, or elevated more than two (2) feet above- he audienc eating. em or- screpan-c-y-wT*peg- to placement of the house mix position must be discussed with ARTIST'S pr,ductio,, .,, ,ble time p to perf Sound Wings If the sound system to be utilized for the show is not suspended from the ceiling, the PURCHASER, at its sole cost and expense, shall supply platforms, (sound wings) on stage right and stage left for the placement of the sound system. The size, placement, and load capacity shall conform to the specifications of ARTIST'S production manager. Said wings must be on a solid foundation, solidly constructed, and rigidly affixed to the stage. The PURCHASER shall make a carpenter available to assist in the construction of additional speaker platforms as may be required by the ARTIST'S production manager. House Snake System A high quality main snake system must be provided by PURCHASER, with at least forty (40) isolated shield pairs running from upstage center to the house mix position. Such snake must terminate at female XLR connectors at upstage center (preferably mounted in a stage box), and at male XLR connectors at the house mix position (preferably in a "squid" configuration). All shields in such snake system must be completely independent of each other and each must be wired to pin #1 of its respective connector. In addition, a separate snake system must be employed from the electronic crossover outputs at the house mix position to the respective power amplifiers. NOTE: If any of the above mentioned equipment is not currently installed at the place of performance, PURCHASER shall notify ARTIST'S production manager within forty-eight (48) hours of receipt of this rider. Stage Monitor System Monitor rig provided by Four (4) Meyers MSL3's are required for each side of stage. Two (2) a sub-contractor. Meyers 650 subwoofers are required per side. Slant monitor speakers and Equipment provided will amplifiers will be required for the Artist and band as designated in the be equivalent in quality stage plot with subwoofer for drums. to the equipment specified. A separate monitor board located on either side of the stage wings 5�5 / capable of seven (7) discreet monitor mixes and one (1) verb will be HCC / DC required. A qualified and experienced operator will be provided by PURCHASER for the sole purpose of monitor mixing. The same operator will be required for sound check as well as all performances. The outboard equipment shall be 1/3 octave equalizer Klark Teknik or better. Monitor System Electrical Requirements Operator shall provide electrical hook up for monitor as follows: • • Four wire 115/23 VAC 100 Amp. single phase with COLD WATER PIPE ground connection. Such hook up MUST be within 100 feet of downstage right, and must be completely isolated and separate from any and all lighting services, but must be from the same source from which all electricity for the house sound system originates. r / Ot> A qualified and licensed electrician must be available approximately one HCC / DC hour after commencement of load-in (exact time to be agreed upon by ARTIST'S production manager) to connect monitor system feeder cables. In addition, same must be available immediately upon completion of ARTIST'S final show at the engagement to disconnect feeder cables. Microphones David's Mic and spare Mic must be wireless with boom stand. All microphones must come with the appropriate microphone stands. On the day of the first performance a sound check / rehearsal will commence at a mutually agreed upon time involving all members of the cast and crew, to be provided at the sole expense of the PURCHASER. The suggested time to be allocated is four (4) hours. Note: the Guitar player, Drummer, Bass player, and Keyboard player will be on wired mics with boom stands. Power All AC power shall be 110 - 115 VAC, 60 Hz on a separate undimmed circuit, isolated from any lighting or other circuits. There must be sufficient interfacing cables for mixer and outboard equipment, appropriate adapters, and correct cables for all systems. (Specifications may be altered based on the electrical services provided by individual countries internationally.) Supplemental Equipment If in the judgment of ARTIST or ARTIST'S representative, supplementary audio equipment, stage monitors, mixing consoles, speaker enclosures, or other equipment is needed, PURCHASER shall provide at PURCHASER'S sole expense. Communication There must be headset communication between FOH console and monitor console at all times. ALL AREAS OF SOUND INCLUDING MIC PLACEMENT AND MONITORS MUST BE INSTALLED AND RUNNING BY 12:00 NOON ON THE DAY OF SOUND CHECK AND PERFORMANCE. Back Line for Musical Instruments No substitutions except with permission from artist's PRODUCTION MANAGER FRANK FABIO. A. David Cassidy - • (1) Taylor or Takamini Acoustic/Electric Guitar. • (1) Fender Deluxe Reverb reissue 1 12" amp; 2nd choice Fender Blues Deville 4 10' amp. • A wireless transmitter/receiver (preferably UHF) for guitar. • (3) Guitar Stands. • (1) Fender Stratocaster American Standard maple neck • new strings 9's w/strap • 1 stage type stool • 1 pic holder mic stand B. Guitar- • (1) Fender Bassman 4 10' combo reissue (in good condition!) or Fender Vibrolux or Fender Blues Deville 4 10' or 2 12" in good condition. • (1) Amp stand • (3) Guitar Stands • (1) Taylor or Takamine Acoustic/Electric Guitar w/strap • (1) Fender Stratocaster • new strings 10's w/strap • (1) guitar wireless unit C. Bass- • 2- 4x10" SWR Goliath Cabinets • 2 Guitar stands • Gallien Kruger 1001 Amp, second choice SWR900 amp • 2-Hughes and Ketner 4x10" Cabinets • (1) Fender Jazz 5 string Bass American Standard w/strap • new strings • (1) Bass Wireless unit D. Drums- • Yamaha drums -1st. Absolute Kit- 2nd. Recording Custom. • Rack Tom sizes - 10", 12", 14", two floor toms, a 16",18" • Kick-22", • Snare - 1st Roy Haynes model - 5 1/2x 14, back up snare - Recording Custom. • Cymbals: Zildian 21" Sweet Ride, 18" K Custom Crash Ride, 10" K splash, 16" K Crash and 14" A Custom Master Sound Hi Hats. • Heads: Remo Emperor clear except snare and kick, Snare: coated embassador, kick drum: power stroke, one each extra of the - snare head, 14" Remo Coated embassador, Kick head: 22" Remo Power Stroke, • one Extra Bass drum pedal and one extra snare drum. • No Mics around kit till after set up. • 1-Snare Stand, • 1- Hi-Hat Stand (3 legs), • 5-Cymbal Stands with boom arms, • 2- Thrones, • 2-Bass Drum Pedals (Nylon strap drive preferred). • • 1 set of Congas, cong (main size) and a Tumbadora (larger size) and stands. • 4' x 6' rubber mat (preferred) or carpet to place drum kit on. E. Keyboards • [1] Yamaha Motiff ES/XS8 [88 note weighted] • [1] Korg Triton Pro [76 note non weighted] • [1] two - tier keyboard stand • [1] Yamaha FC7 volume pedal for the Triton • [1] Roland KC Keyboard Amp [or equivalent good quality powerful amp] • [1] Sustain pedal for the Motiff • [1] Stool/seat for seated level • [1] Music stand and light. • All necessary audio cables/DI's and power cords etc. • The Triton to be mounted on top the Motiff on the bottom, positioned at a suitable level for seated playing not standing. Keyboard stand and seat/stool set at a suitable level for seated playing. F. Stage - Three Music Stands and lights to be placed by keys and drums. RENTAL COST AND INSTALLATION OF ABOVE ITEMS ARE SOLE RESPONSIBILITY OF PURCHASER. <_ LIGHTING 'Pot ok ance- toin. A11b 412- Hemmens staff will make every reasonable effort to maintain the spirit of the HCC / DC artist's lightplot using the venues lighting system and available inventory (see attached Technical Information Rider & lightplot). The Hemmens uses Roscolux Color Filters and will make the suitable substitutions as needed. PURCHASER shall provide, install, focus, and operate, load in and load out (as necessary), at PURCHASER'S sole cost and expense, a first class lighting system including, but not limited to, the following: Follow Spotlights Nit46 A minimum of two (2) Robert Juliat Super Korrigan strong Super Troupers (or HCC / DC with qualified operator for each light. Each spot shall have a minimum of one (1) spare lamp and gel colors as designated by ARTIST'S Production Manager. Both spotlights are required to be in either the back of house in an elevated position or in an elevated light booth. Lighting consoles / One (1) conventional lighting console with a minimum of 24 Submasters, capable HCC / DC of controlling all required dimmers and number of channels for Eight (8) color/channel wash and independent control of Four (4) Specials (delete as designated by ARTIST'S Production Manager) in perfect working order. Four (4) Specials may be on a sub-wing. One (1) moving light console, capable of controlling a minimum of Eight • order. In addition, PURCHASER shall provide a qualified and experienced programmer/operator at its sole expense to operate each console. Each operator must be available for focus / programming of lighting looks, rehearsal, and execution of performance(s). Focus/Programming A block of time shall be set aside for programming of all lighting looks and light cueing, separate from other activities in the venue. Programmers and electricians shall be provided by PURCHASER, at PURCHASER'S sole expense, to facilitate programming in the allotted time. FOCUS SHALL BE COMPLETED BY PURCHASER AT PURCHASER'S SOLE EXPENSE IN ADVANCE OF PRODUCTION SUPERVISOR'S ARRIVAL, WHICH WILL BE NOON ON THE DAY OF SOUND CHECK AND PERFORMANCE, AT WHICH TIME THE PRODUCTION SUPERVISOR WILL SET LOOKS WITH HOUSE BOARD OPERATOR(S). PROGRAMMERS AND ELECTRICIANS SHALL BE PROVIDED BY PURCHASER AT PURCHASER'S SOLE EXPENSE TO FACILITATE ANY ADDITIONAL TOUCH UP FOCUSING. PLEASE NOTE THAT THE GUITAR AND BASS PLAYERS ARE STANDING DURING THE ENTIRE PERFORMANCE. Dimmers The aforementioned consoles shall be sufficient to operate designated system. Dimming system should be in perfect working condition. Wiring/ Cabling All appropriate wiring/cabling shall be in good working order and provided by the Purchaser in order to allow proper circuitry of all stage lighting. Lighting circuitry is to be determined by PURCHASER or PURCHASER'S Representative. Board Position Lighting console is located in the center balcony, next to the FOH mix position Lighting consoles shall be positioned in the rear of the main seating area / 42 Lighting Instruments HCC / DC PURCHASER shall provide, at PURCHASER'S sole expense, the following minimum lighting instruments, with lamps, gels and gel frames: 120 - Par 64 (deletelKW) for Six (6) color/channel stage wash 8 - Medium 1000-W Lekos or similar type specials for band 6 Cyberlites positioned effectively in truss or theatre grid Cyc light fixtures as needed to completely cover cyc when cyc is used A. PURCHASER shall provide at PURCHASER'S sole expense, sufficient quantities of gel as specified by ARTIST'S Production Manager. B. Purchaser shall provide at Purchaser's sole cost and expense, One (1) or Two (2) theatrical water based hazers i. e. Neutron Hazer. DF50 Hazer(s) may be substituted with permission from Production Manager. Number of hazers TBD by Production Manager given stage dimensions. Lighting Position Stage lighting shall be placed in accordance with lighting plot, if attached. The HCC / DC lighting plot, which shall be applicable to all types of theatres, shall be complied with in full by PURCHASER. If no plot is attached to this rider, ARTIST'S Production Manager shall communicate directly with PURCHASER'S production manager or L.D. to determine lighting requirements as related to generic lighting hang (see below). (1-3 Generic Lighting Hang Standard Facility Plot attached / PURCHASER shall provide, at PURCHASER's sole expense, the creation, HCC / DC implementation and strike of the following generic concert hang if no lighting plot is attached. Lighting hang shall consist of a six-color stage wash. Colors are to be determined by the ARTIST's Production Manager. In addition, a minimum of eight (8) Cybcrlitc units or equivalent high end moving lights are to be positioned effectively in hang. There are to be Four (4) specials focused on each of the ARTIST's band members. (See attached set design.) Specials should operate independently from one another. There must be One (1) or Two (2) water based theatrical hazers, number of which TBD by ARTIST's production manager. DF50 Hazer(s) may be substituted with permission. Two (2) strong Super Trouper follow spots or the equivalent and operators are required. Existing Light Plots / 7 In the event that a standardized plot is permanently installed in PURCHASER'S HCC / DC venue, a legible copy of the plot shall be provided to ARTIST'S Production Manager a minimum of three (3) weeks prior to first performance. PURCHASER shall be responsible, at PURCHASER'S sole expense, for providing additional lighting, not in permanent plot; to bring plot into compliance with ARTIST'S Production Manager's requirements. Additional Lighting Equipment / Vtir47 PURCHASER shall provide, at PURCHASER'S sole expense, all necessary HCC / DC flown pipes, trusses, floor plates, booms and other m-ans of proper mounting of 11�,11 Llll�, 111J LI LAlll{.rITL , � o 0 (see generic lighting hang above). House Lights ARTIST'S Production Manager shall cue the house lights and said lights shall be brought to BLACK or the minimum amount of light allowable by law, prior to commencement of performance. When stage lighting is being focused or programmed, the house lights shall be brought down to show level for approval by ARTIST'S Production Manager. Lighting Responsibilities For PURCHASER PURCHASER shall provide, at PURCHASER'S sole expense, all additional lighting technicians necessary for installation, operation, load in, load out, and • strike of lighting system. Also, as provided under Stage Facilities Section herein, PURCHASER shall supply uninterrupted communication via headsets between board operators and spotlight operators during programming, rehearsals, cuing and for the calling of lighting cues during each performance. TRAVEL AND ACCOMMODATIONS �(j y / G. Unless otherwise contracted, ARTIST shall provide, at its sole expense, 1— air transportation for the ARTIST's party to the Venue. HCC / DC H. PURCHASER is responsible for ground transportation from airport to Venue of entire traveling party with the following vehicles: a town car for the ARTIST, as well as a vehicle capable of transporting five (5) people, their luggage, musical instruments, and equipment. These vehicles will deliver the ARTIST's party to a previously determined hotel, to and from the Venue in ample time for sound check and/or rehearsal as well as to and from the Venue for the performance(s) (if party chooses to return to hotel after rehearsal). I. PURCHASER is responsible for the collection of ARTIST, traveling party, luggage, etc. at the hotel lobby, as directed, in sufficient time to deliver them to the airport no later that two hours prior to the scheduled departure of their aircraft. The same breakdown of vehicles listed above o 4 / will be required. J. PURCHASER agrees to furnish, at its sole expense, (1) one Bedroom HCC/ DC suite for Artist, and five [5] six [6] single hotel rooms on property for traveling party, unless specified otherwise. If the rooms are in the same Venue as the performance, the ARTIST's suite should have safe access to the stage, so that he can reach the performance space without traveling through public areas (i.e. by using service elevators). Security must be provided for conveying the ARTIST to and from his accommodations. All hotel accommodations will commence upon ARTIST and traveling party's arrival for the engagement hereunder and will continue until entire party's nn L departure for the airport. TAPS K. I f t A DTTCT pe F ( the ., p e ty 1 ti n o.-�. o +., +1,o ...,M 1„ a; Y F .,l� f'�, +1,o A D T'T C T'' HCC / DC property' access to c e" yeo „ing fie traveling party or comparable dining accommodations arc required. The ARTIST will be granted signing privileges for meals not to exceed $300.00 per day. CONTACTS Publicity/Advt/Management: Jo-Ann Geffen All press, publicity, and advertising issues. Office (818) 905-5511, Fax (818) 501-4911, Leffen@jagpr.com Travel/Accommodations/Hosp.: Mary Alice Strong at (954)806-6009, MD Production manager FrAnk Fabio All off site an day of issues. Cell (702) 339-8442, fabiology@cox.net. frankfabio@mac.com ACCEPTED AND AGREED BY: -3% PURCHAS DATE ARTIS DAT 71[1:. 7:47::::4, l TALENT AGENCY September 15, 2009 Butch Wilhelmi CITY OF ELGIN 45 Symphony Way Elgin, IL 60120 RE: DAVID CASSIDY / THE HEMMENS CULTURAL CENTER / FEBRUARY 13, 2010 Dear Butch, Enclosed please find an executed contract for the above referenced engagement. Kindest Regards, Gi . iiL Lana Meier LM / sm Enclosure 9255 Sunset Boulevard Suite 407 Los Angeles.California 90069•(310)859-7300•(310)275-7437(Fax) www.mpitalentagency.com