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HomeMy WebLinkAbout09-0702 Lennys 001-0-4C:ra Le nhts PERFORMANCE AGREEMENT This Agreement is made and entered into this. 1,93tay of ,'«fd..y 2009 , by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the"City"), and The Lenny/Cs ( hereinafter referred to as the "Artist"). For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That Artist will give a performance as follows: Name and Address of Place of Engagement: Festival Park 132 South Grove Elgin, IL 60120 Date(s) of Engagement: Saturday, August 1, 2009 Type of Engagement: Performance Starting and finishing time-of engagement: 5:00 pm—6:15 pm Number of Musicians: 4 2. That the City in consideration of the artistic services of the Artist agrees to pay a total fee of$650.00. Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in • connection with the subject performance. Payment shall be made to the Artist by check upon completion of the performance. 3. The parties hereto understand and agree that Dave Perrin has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4. That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency,joint venture or employment agreement between the parties hereto. • at 5. That the content, nature and medium of the program shall be entirely within discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6. That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a specific written agreement with the Artist or the Artist's representative. 7. That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 8. That the City reserves the right and privilege of canceling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty(30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be paid its full performance fee. 9. That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist's touring obligations. In such an event of a rain-out, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. In addition, the Artist will not be required to perform outdoors if the temperature drops below 55 degrees Fahrenheit. 10. That the Artist reserves the privilege of cancellation by giving sixty(60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements. 11. That the Artist shall pay all applicable union fees. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 12. Indemnification. To the fullest extent permitted by law, Artist agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits,judgments, costs, attorney's fees, damages or other relief arising out of or resulting from or through or alleged to arise out of any reckless or negligent acts or omissions of Artist's officers, employees or agents in the performance of this agreement.