HomeMy WebLinkAbout09-0301 Glenn Miller • , • The V1/Orld Famous 0.9- 0 \
Owned and Operated by
GLENN MILLER PRODUCTIONS, INC.
801 International Parkway, 5'Floor Lake Mary, Florida 32746 (407) 562-1924 FAX(407)562-2001
THE ATTACHED RIDER IS PART OF THIS CONTRACT AND MUST BE SIGNED.
DO NOT ADVERTISE THIS ENGAGEMENT UNTIL CONTRACT HAS BEEN SIGNED BY BOTH PARTIES.
C t , of El i` IL a.mnici al corration.
L.ieoNu„aC to your,,quest-,,e aie-i.Aui,ty this AGREEMENT, in confirmation of tho voroal agrear c�'matde t u po
his Decernbcr4, 2007,
between GLENN MILLER PRODUCTIONS, INC. (hereinafter referred to as"Producer")and-Hemmens-GuIttfr't-Center, 150 Dexter Court,
Elgin, IL 60120-5555(hereinafter referred to as"Purchaser"), represented by Producers, Incorporated (hereinafter referred to as'Agency").
IT IS MUTUALLY AGREED between the parties hereto as follows:
Producer agrees to furnish and Purchaser agrees to accept, for the engagement hereafter described, the services of THE GLENN MILLER
ORCHESTRA®(hereinafter referred to as"Artist")upon all the terms and,conditions set forth herein and on the reverse side hereof, which are
incorporated herein and made a part of this Agreement.
Name and address of place of engagement: The Hemmens Cultural Center
45 Symphony Way Main phone#: (847)931-5905
Elgin, IL Backstage phone# (847)931-5904
time of load-in:TBA time of sound check:TBA
Date(s)of engagement: Sunday, March 1, 2009 at 3:00pm-90 Minutes with Intermission
number of performances: 1 Type of engagement: Concert
Price: It is agreed that as full compensation for the services of Artist, as above put forth, Purchaser will pay to Artist the sum of
City of Elgin
Eig Thousand and 0/100 ($8,000.00)
payable in United States funds, by-eertified check, , as follows:
Payment of a non-refundable deposit shall be made payable by Purchaser to "Glenn Miller Productions, Inc." upon the signing of this
Agreement, but no later than 02/15/2008.
Deposit payable no later than Deposit payable no later than
$4,000.00$800:00 4/01/08 and $3;200.00 11/01/2008
The balance of the guarantee shall be paid to the manager of The Glenn Miller Orchestra®30 minutes prior to the first performance,ire-eas}r-
or-by-certified check or-basalt drawn to the order of"Glenn Miller Productions, Inc."
City of Elgin
In addition Purchaser will provide and pay for:
plus PRESENTER will provide, at Presenter's expense, 13 rooms as follows, 7 double and 6 single rooms at a fist cloys hotel near
the venue for 1 night. Artist to release any hotel rooms not required,within 60 days of performance.
Rider requirements(attached).
8 complimentary tickets for each performance(Unused tickets may be released 3 hours prior to performance time.)
Grand piano(s)properly tuned to A440 international concert pitch just prior to each concert.
Artist to attend brief reception on site for sponsors if requested by Presenter.
Radius restriction of 60 miles 90 days prior to and 60 days after engagement date.
THERE ARE TO BE NO DEDUCTIONS FROM THE AGREED UPON PRICE FOR ANY REASON WHATSOEVER.
All taxes levied by government authority(except Federal income taxes) and any fees levied upon the hall or Purchaser by sources not a part
of this agreement are the sole responsibility of Purchaser. Artist is to net the fee stipulated herein. If tax withholdings are required by local
authority, Purchaser will adjust Artist's fee to insure the net payable to Artist equals the fee stipulated herein.
If Purchaser breaches this Agreement,it shall, in addition to the forfeiture of the non-refundable deposit to Artist,pay Artist's damages together
with interest thereon at the rate of 1 1/2%per month, plus reasonable attorney's fees. Venue for the resolution of
any disputes or the enforcement of any rights arising out of orin connection with this Illinois
Thfng'gRttertWiebAht'nged-O�alty aCrqsFiaflfbe consuedtygbveme8°and interpreted pursuant to the laws of the State of New-York:
The Agreement represents the full understanding between the parties, and neither party shall be bound by any terms or undertakings other than
those contained herein. The terms of this agreement shall be serverable. In the event any of the terms or provisions
of this Agreement are deemed to be void or otherwise unenforceable for any reason, theremainder of this Agreement
WHEREFORE,the parties have signed this Agreement the day and year first above written. shall emain in full force and effect.
Glenn Miller Productions, Inc. Hemmens Cultural Center
D-ck\Oct
by. by
Federal ID# 13-5650273 Sean Stegall for Hernmen.Mtifturat Center City of Elgin
150 Dexter Court
De it Received Da e Elgin, IL 60120-5555
,s 00 . .S p� Phone: (847)931-5905 Email: folk_w@cityofelgin.org
Agent: Steve Rudolf Tra e igA 117 This Agreement may become void if not returned by February 15,2008.
Regulated by the State of Florida Department of Professional Regulation license#TA0000229
Producers, Inc., 11806 N 56'"Street, Tampa, FL 33617-1652 •w.'w.producersinc.com • (813)988-8333
THE FOLLOWING TERMS AND PROVISIONS ARE INCORPORATED
IN THE AGREEMENT ON THE OBVERSE SIDE HEREOF:
The Producer agrees to plan, assemble and furnish the orchestra and accompanying personnel,
if any, described on the obverse side, as well as the use of all musical arrangements. The
Producer shall have and exercise exclusive authoritative control over such personnel, the details,
methods and persons to be employed by it in performing the provisions of this Agreement on its
part to be performed, and shall have the right in its sole discretion to designate or change the
personnel to be furnished by it at any time during the engagement. The Purchaser shall have no
right, title or interest in the performances covered by this Agreement other than the right to receive
the live performances of The Glenn Miller Orchestra ® at the agreed time and place. The
Producer shall. perform and discharge all obligations imposed upon the employer under laws
relating to workers' compensation, unemployment insurance, social security, withholding taxes
and other Federal and State laws relating to employment. It shall further file all returns and reports
and make withholdings required to be made by the employer.
The obligations upon the Producer to furnish the Orchestra and accompanying personnel, if any,
is subject to proven detention on the part of any persons involved by sickness, accidents, or
accidents to means of transportation, riots, strikes, epidemics, Acts of God, or any other legitimate
conditions beyond the control of the Producer or the employees involved.
Nothing in this Agreement shall ever be so construed as to interfere with any obligations which
any employee of the Producer may have by reason of union membership.
The Purchaser represents that there does not exist any claim of any kind arising out of musical
services rendered for the Purchaser, or any predecessor in interest, or any predecessor operating
under the same trade name at the same location. It is agreed that the Artist, in its sole discretion,
shall not be required to perform any provisions of this contract or to render any services so long
as any such claim is unsatisfied or unpaid in whole or in part.
o cmitify -thc other party, and their respective agents,
representativos, principals, employees, officers and dircctors, har ,
damage, cast er expen,se, ine..14ding Paasenalale atter-noy's fees incurred her-
behalf of any third party as a resin# of or in connection with the willful conduct or negfigehc-e of-the--
etion and without liability, to terminate or suspend its
This Agreement may not be assigned by either party hereto.
(FOR OTHER PROVISIONS SEE ATTACHED RIDER.)
GLENN MILLER ORCHESTRA®
THIS RIDER FORMS PAR'!'OF'1'HE ANNEXED AGREEMENT DATED 1)eco j 2 o'7-
1. BILLING: The GLENN MILLER ORCHESTRA shall receive One Hundred Percent(100%)
billing in all printed material, paid advertising, displays, programs, and any and all other advertising
and publicity media used in connection with this engagement as specified by the Artist. The show
shall be advertised as:
The World Famous 35%
Glenn Miller Orchestra lowx,
2. CANCELLATION POLICY: The Artist has the right to cancel (or postpone to a muttially
agreeable date) this engagement upon written notice to the Purchaser at least fottr-( weeks prior to eight (8)
the date of commencement of the engagement if the Artist enters into a contract prior to such-few eight (8)
-(4).week period for the services of the Orchestra in motion pictures, a commercial radio or television
series or show, or a theatrical production. In the event of such cancellation, the Artist's total liability
to the Purchaser hereunder shall be to pay to the Purchaser the amount of the nonrefundable deposit
made hereunder.
except for
Purchaser may not cancel this engagement for any reason whatsoever including conditions beyond
its control such as accidents, riots, strikes, acts of God, and inclement weather;, a-nd tho porformiez\��`
fee-due hereunder is payable in full notA•ithsta-lding tFtc oco.,,,c,1c.. of Ally Sut..h t.vcittn:
3. NO RECORDING: Unless approved by the Artist, the Purchaser shall not:
A. schedule leader or members of the Orchestra for television or radio appearances;
B. permit any portion of the performance rendered hereunder to be broadcast, photographed,
recorded, filmed, taped, or embodied in any form for any purpose, and Purchaser agrees that it will
not authorize any such activity, nor admit to performance any persons carrying tape, film, cassettes,
or video recording devices.
PLEASE POST:
"NO AUDIO OR VIDEO RECORDING AND NO FLASH PHOTOGRAPHY"
4. SUPPORT ACTS: Artist shall have absolute right of approval of any other acts on the Show,
including set length, billing, and placement in the show. In the event said approval is granted and
Orchestra further agrees to rehearse with and/or accompany such acts, Artist shall receive additional
. compensation in an amount to be agreed upon separately.
5. STAGING: The Purchaser agrees to furnish, at its own expense, the following, all of which must
be in first-class condition:
(a) One (I) grand (or baby ;rand) piano tuned to 440-A pitch; (Steinway or Yamaha preferred)
(b) Sixteen (16) chairs on stage;
(c) Proper lighting on stage (full wash) and two (2) spotlights with operators; (spotlights for concerts
only)
(d) A bandstand with skirted risers / platforms in conformance with the Orchestra's standard stage
plot attached hereto.
Please initial ��
6. SOUND: The Artist will provide and use its own sound system for the engagement unless said
system is inoperative, inadequate, or unavailable. If so advised by the Artist, the Purchaser shall
provide same at its own expense in accordance with the sound equipment schedule attached hereto.
Please note that the Artist's sound system may not be adequate for large outdoor venues.
7. DRESSING ROOMS: Purchaser at its own expense shall provide Orchestra personnel with three
(3) adequate dressing room facilities at or near the premises to enable the Leader, the musicians, and
vocalists to change prior to and after the performance hereunder.
8. HOSPITALITY: Purchaser agrees to provide Orchestra personnel (20 people) with a meal such as
but not limited to sandwiches or hot dishes, a cheese/fruit/vegetable tray or salads, coffee, water,
juice and soda.
9. SETTLEMENT: The balance of the guarantee shall be paid to the manager of the Glenn Miller_,,
Orchestra 30 minutes prior to the performance in cash or by-eer-t+fed check or bank draft drawn to
the order of Glenn Miller Productions, inc: . City of Elgin
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cover charges, the Purchaser agrees that in addition to Artist comps it w' e more than thirty;
(30) complimentary tickets, or three percent(3%).of , v ichever is greater. A
representative of the Glenn Miller ra shall have access to the box office.at all times
throughout the • `agement for purposes of verifying ticket sales. •Purchaser will furnish
< n�sz<17-"iY't
10. MERCHANDISING: The Purchaser agrees to permit Glenn Miller Orchestra souvenir programs,
tapes, CDs, DVD's, T-shirts and memorabilia to be sold throughout the engagement by salesmen
designated by Artist. +dfiett-t-.e i-ar e-by--the Purchaser. Purchaser shall receive 20 percent of gross
- merchandise sales.
1 1. COMPLIMENTARY TICKETS: Eid \'�ht(8) courtesy house seats will be made available at all
performances for use by the Artist.
12. HOTEL ACCOMMODATIONS: Purchaser at its own expense shall provide six (6) single rooms
and seven (7) double rooms_the,night of the performance in a reasonable-hotel as close to the venue
and restaurants as possible.
This Agreement shall not be construed so as to create a partnership, joint venture, employment or other
agency relationship between the parties hereto.
GLENN MILLER PRODUCTIONS, INC. PURCHASER
f
` Ell I LF ORCHESTRA
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Sound Requirements
The Following equipment to be provided by Purchaser only if so advised by Artist in accordance
with article #6 of the contract rider.
A. Theatres or theatre-sized indoor facilities:
1. Four vocal microphones across the front
2. Five saxophone microphones
3. Two trombone microphones
4. Two trumpet microphones
5. One piano microphone
6. Two floor monitors for vocalists
7. Sidefills (monitors) suggested but not required
B. Outdoor concerts or very large indoor facilities:
l. Four vocal microphones across the front
2. Five saxophone microphones
3. Two trombone microphones
4. Two trumpet microphones
5. One piano microphone
6. One bass microphone or direct input
7. Three drum microphones (overhead, kick and snare)
8. Two floor monitors for vocalists
9. Sidefills (monitors) strongly suggested (not required)
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Note: Fourteen (14) total microphones and two (2) monitors for indoor jobs.
Eighteen (18) total microphones and at least two (2) monitors for
outdoor jobs.
The Miller Sound Lives Forever!
80l International Parkway n 5th Floor `r Lake Mary" Florida 32746
Phone:(407)562-I924Fax: (407) 562-2001 ‘vww.glennmillerorchestra.com
The World. Famous
a GT,E,NN MILLER ORCHESTRA
STAGE PLOT
Center of risers should be 4 feet left of stage center
n
6-S ft.
3 ft. TRPT TRPT TRYI. TRPT
X X
t Wt lt2 ft.
16 ft. / TRB 6-S ft.
/ DRt7MS TRB TRB TRB.
/1 X • X •
BASS 20 ft. > 1-1i2 It.
Go 0 0 0 ,
\
, - Y X X X X \\ 12 ft.
uft. i
/ folv4X Y X X \
/ s \
10 It. 20 ft.. \�
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k` Sa>;ophoncs,bass and piano shown on Stage Floor Level< Piano turned with keys toward stage front,but positioned near drums.
16 Chairs Required X=Microphone positions Piano lid needs to be opened approximately 8 inches(l/2 stick).
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Stairs needed stage left,both sides preferable. Access to 2 AC power sources. January 300Q
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72.
RATEDEE�"
ATTACHMENT A
The Hemmens Cultural Center
Date:3/1/09
SHOW:Glenn Miller Orchestra
ADDENDUM #1 TO AGREEMENT
A. The terms of this Agreement shall be severable. In the event any 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.
B. This Agreement shall not be construed so as to create a partnership, joint
venture, employment or other agency relationship between the parties hereto.
C. 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 pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
D. To the fullest extent permitted by law, Artist/Producer agrees to indemnify,
defend and hold harmless Purchaser, its officers, employees, boards and
commissions from and against any and all claims, other relief arising out of or
resulting form or through or alleged to arise out of any reckless or negligent
acts or omissions of Artist/Producer's officers, employees or agents in the
performance of this Agreement. In the event of any action against Purchaser,
its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be
defended by legal counsel of the Purchaser's choosing. The provisions of this
paragraph shall survive any termination and/or expiration of this Agreement.
E. In the event Artist/Producer negligently or willfully fails to perform its
obligations pursuant to this Agreement, the Purchaser shall be entitled to
pursue all remedies afforded by law. In the event any party cannot perform its
obligations pursuant to this Agreement due to an act of God, serious
illness/accident or force majeure, all parties shall attempt to reschedule
concert. If concert cannot be rescheduled, all payments made by Purchaser to
Artist/Producer shall be refunded to Purchaser within thirty days of written
demand of Purchaser.
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F. No official director, officer, agent or employee of the City (Purchaser) shall be
charged personally or held contractually liable under any term or provision of
this Agreement or because of their execution, approval or attempted execution
of this Agreement.
G. Artist shall not perform or advertise another performance within a 60-mile
radius of Elgin, Illinois 60 days prior or 60 days after the performance at The
Hemmens Cultural Center.
H. Hemmens staff will make every reasonable effort to maintain the spirit of the
artist's lightplot using the venues lighting system and available inventory (see
attached Technical Information Rider and lightplot). The Hemmens uses
Roscolux Color Filters and will make the suitable substitutions as needed.
AGREED:
By:
For: es\W Yca c-_.
Date: s D-c,\ o$
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The requests below are regarding a performance by Glenn Miller Orchestra at The Hemmens
Cultural Center, City of Elgin, IL on 3/1/09 .
SPONSOR SIGNAGE
The Hemmens Cultural Center and the City of Elgin, IL are requesting permission
to place the following signage inside the performance space on behalf of its
sponsors*:
Banners hanging from balcony rail:
Permission: .,/ Granted Denied*
Gobos projected on side walls of theatre:
(Note: One of our season sponsors, Miller Brewing, has requested permission to project gobos inside the
theatre. These gobos will be turned off prior to the performance.)
Permission: /.Granted Denied*
Signage hung on proscenium:
(Note: One of our season sponsors, Miller Brewing, has requested permission to hang neon signs on the
proscenium. These signs will be turned off prior to the performance.)
Permission: ✓ Granted Denied*
*Denial of permission to display signage within the performance space does not preclude venue
from displaying signage in the Lobby or outside the venue.
VIDEOTAPING AND PHOTOGRAPHING
The Hemmens Cultural Center and the City of Elgin, IL are requesting permission
to document the performance for venue promotional purposes only in the following
ways:
Videotaping or phoptographing material to be aired on The City of Elgin's Cable Channel
(which airs only in Elgin and South Elgin, IL) or for other venue promotional purposes.
Permission for Video Taping (Please check all that apply):
Granted unconditionally.
/Granted for I,' minutes of performance or first + songs.
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Granted under the condition that artist shall view material before it airs.
Denied
If permission is granted:
Artist would like a copy of all material for archival purposes.
Footage may be used only on Elgin's Cable Channel 17.
./ Venue may provide portions to other news outlets.
Venue may use footage in other materials for promotional purposes only.
Permission for Photography (Please check all that apply):
Granted unconditionally.
Granted for minutes of performance or first songs.
✓ Granted for Press only.
✓Granted for Venue Marketing only.
Denied
If permission is granted:
V Must be non-flash photography.
Images may be used on the City of Elgin's Cable Channel only.
✓ Venue may provide images to other news outlets.
Venue may use images in other materials for promotional purposes only.
Conditions not specified in lists above:
Permission is granted or denied as specified on behalf of the artist(s) named above
Signature Date
Printed Name: aCA'a-Vi-S kv)cr
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