HomeMy WebLinkAbout09-0904 George Jones 09- 0°►04
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NITELITE PROMOTIONS, INC. Inu-S
500 Park Blvd, Ste. 160C, Itasca, IL 60143
Telephone (630) 773-5552 Facsimile (630) 773-3370
Agreement made , 2009 between the CITY OF ELGIN an Illinois municipal corporation (hereinafter
referred to as PURCHASER") employing the services of NITELITE PROMOTIONS an Illinois corporation
(hereinafter referred to as"PRODUCER").
It is mutually agreed between the parties as follows:
The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to furnish the
entertainment Presentation (GEORGE JONES) hereinafter described, upon all the terms and conditions herein set
forth.
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1.Place of engagement: Hemmens Cultural Center
45 Symphony Way
Elgin,IL 60120
Scaling: Golden Circle 47 @$85.00
Main Floor 891@$ 55.00
Balcony 303@$45.00
Artist Comp's 20 Main Floor Tickets .
Venue Comp's 40 Main Floor Tickets
2.DATE(S)OF ENGAGEMENT: Friday,September 04,2009
a.Number of shows: 1
b.Time of Show(s): 8:00 PM
c. Length of each show: 90 minutes(estimated)
3.BILLING: (In all forms of advertising)
Artist shall receive 100%Headline Billing
4. FULL PRICE AGREED UPON:
$50,000.00,(Fifty thousand)ARTIST GUARANTEE FLAT(GEORGE JONES)
**Purchaser shall provide and pay for all terms and conditions contained in the artist rider attached hereto. **
Merchandise Rate(reg) 20%of gross receipts to venue(artist sells)
Merchandise Rate(reg) 10%of gross receipts to venue on all CD/DVD/Book sales.
erc e
5.All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check as follows:
a. A deposit in the amount of$25,000.00 shall be paid to and in the name of the PRODUCER
(NITELITE PROMOTIONS)not later than April 23,2009.
b. The balance in the amount of$25;000.00, shall be paid to an in the name of the PRODUCER not
later than day of performance(Friday, September 4, 2009).
6. The additional terms and conditions, attached hereto and made a part hereof as Attachment "A"-is hereby
incorporated into this agreement. •
7. The attachment entitled"George Jones Production Rider",attached hereto as Attachment"B" is incorporated into
and made a part of this agreement.
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IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and year first above
written.
by: by:
„if"�
NITELITE PROMO IONS CITY OF ELGIN
Don Kronberg Sean Stegall
630.773.5552
Return all signed contracts to NITELITE PROMOTIONS; 500 Park Blvd, Ste 160C, Itasca, IL 60143
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ADDITIONAL TERMS AND CONDITIONS
6. .All payments shall be made in
full without.any deductions whatsoever.PURCHASER will advise PRODUCER,or PRODUCER's agent,promptly upon request of,the admission prices for •
the entertainment presentation.
7. •
..fthice my
8. PURCHASER agrees to furnish and pay for all its own expense(a)on the date and at the time of the performance(s)abovementioned all that is necessary for
the proper presentation of the entertainment presentation,including without limitation a suitable theatre,hall or auditorium,well heated,ventilated,lighted,and
in good order,stage curtains,properly tuned grand piano(s)and public address system in perfect working condition including microphones(s)in number and
quality required by PRODUCER,dressing rooms,all necessary electricians and stage hands,etc.,all licenses(including musical performing rights licenses)and
special-polieies:(b)all music royalties in connection with PRODUCER's use of music;(c)all amusement taxes;(d)if PRODUCER so requires,all necessary
facilities,electricians,stage hands,and other personnel for lighting and dress rehearsals,__a(e) tt he e 'pe el(+rt
red for the prig.. _ of•he
presentatien—hereunder-,—and any rehearsals therefore, except for those items and personnel which PRODUCER
PRODUCER shall have the right to name the local music contractor and to approve the musicians hired locally.
9. In the event of sickness or of accident to ARTIST,or if a performance is prevented.rendered impossible or infeasible 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'other'siinilar or
dissimilar cause beyond the control of the PRODUCER, it is understood and agreed that there shall be no claim for damages by PURCHASER and
PRODUCER's obligations as to such performances shall be deemed waived in the event of such nonperformance for any type of the reasons stated in this
paragraphs,if ARTIST is ready,willing and able to perform,PURCHASER shall pay the full compensation hereunder,otherwise,the monies(if any)advanced
to PRODUCER hereunder shall be returned on a pro-rata basis.
10. Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event and payment of the agreed upon
compensation shall be made notwithstanding.If PURCHASER and PRODUCER disagree as to whether rendition of performance(s)is impossible,not feasible
or unsafe because of inclement weather,PRODUCER's detennination as to performance shall prevail.
11. In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated,and/or fails to make any of.the
payments as provided herein,PRODUCER shall have the right to refuse to perform this contract,shall retain any amounts therefore paid to PRODUCER by
PURCHASER, and PURCHASER shall remain liable to PRODUCER for the agreed price herein set forth.
12. The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order, form, size and prominence as directed by
PRODUCER in all advertising and publicly issued by or,under the control of the PURCHASER. ARTIST's name or likeness may not be used as an
endorsement or indication of use of any product or service nor in connection with any name or likeness may not be used as an endorsement or indication of use
of any product services nor in connection with any corporate sponsorship or tie-up,commercial merchandising without PRODUCER's prior written consent.
13. PURCHASER shall not itself,nor shall it permit other to record,broadcast or televise,photograph or otherwise reproduce the visual and/or audio performances
hereunder,or any part thereof.
14. PRODUCER shall have the exclusive right to sell souvenir programs•ballet books,photographs,records,CD's,DVD's and any and all types of merchandise
including,but not limited to,articles of clothing(i.e. T-shirts,hats,etc.),posters,stickers,etc.on the premises of the place(s)of performance without any
15. Unless stipulated to the contrary in writing,PURCHASER aggress that PRODUCER may cancel the engagement hereunder without liability by giving the
PURCHASER notice thereof at least thirty(30)sixty(60)days prior to the commencement date of the engagement hereunder. PRODUCE h u , ^h ve the
In the event of such
cancellation by PRODUCER,all funds paid by PURCHASER shall be refunded within Thirty(30)days of such cancellation.
16. PRODUCER shall have exclusive control over the production,presentation and performance of the engagement hereunder,including,but not limited to the
details means and methods employed in fulfilling each obligation of PRODUCER hereunder in all respects. PRODUCER shall have the sole right, as
PRODUCER may see fit,to designate and change at any time the performing personnel other than the ARTIST(s)specifically named herein.
17. PURCHASER agrees(a)to comply promptly with PRODUCER's directions as to stage settings for the performance hereunder,(b)that no performers other
than those to be furnished by PRODUCER hereunder will appear on or in connection with the engagement hereunder,(c)that no stage seats are to be sold or
used without the written consent of PRODUCER.
18. It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee.This contract shall not,in any way be construed so as to
create a partnership,or any kind of joint undertaking or venture between the parties hereto,nor make PRODUCER liable in whole or in part for any obligation
that may be incurred by PURCHASER in PURCHASER's carrying out any of the provisions hereof or otherwise.
19.
20.
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negligence of the ARTIST and/or PRODUCER.
22. NITELITE PROMOTIONS,Inc.acts herein only as agent for PRODUCER and is not responsible for any act of commission or omission on the part of either
or omission of PURCHASER,ARTIST or PRODUCER.
23.
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AGREEMENT ON PURCHASERS BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY •
de a pl a " e de 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.
24. 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 this agreement shall be in the Circuit Court of Kane County,Illinois.
25. The terms of this agreement shall be severable. In the event that 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.
27. Notwithstanding any other provision of this agreement it is expressly agreed and understood that in connection with the performance of this
agreement that the PRODUCER shall comply with all applicable Federal,State,City and other requirements of law,including,but not limited to,
any applicable requirements regarding prevailing wages, minimum wage,workplace safety and legal status of employees. Without limiting the
foregoing,PRODUCER hereby certifies,represents and warrants to the PURCHASER that all PRODUCER'S employees and/or agents who will
be providing products and/or services with respect to this agreement shall be legal residents of the United States. PRODUCER shall also at its
expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution
of the work,and/or the products and/or services to be provided for in this agreement. The PURCHASER shall have the right to audit any records
in the possession or control of the PRODUCER to determine PRODUCER'S compliance with the provisions of this section. In the event the
PURCHASER proceeds with such an audit the PRODUCER shall make available to the PURCHASER the PRODUCER'S relevant records at no
cost to the PURCHASER.
ATTACHMENT A
CJV The Hemmens Cultural Center `t
Date: September 4, 2009
SHOW: GEORGE JONESs
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. 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.
F. Artist shall not perform or advertise another performance within a sixty (60) mile radius of Elgin,
Illinois sixty (60) days prior or sixty (60) days after the performance at The Hemmens Cultural
Center.
AGREED: -
By: �' /41/ By: 7.7° _i
For: City of El in
For: Nitelite Prom. io
Date: / Date: G(/ / 9 r
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The Hemmens Cultural Center 45 Symphony Way Elgin. Illinois 60120
Phone: 847-697-3616 www.hemmens.org Fax: 847-931-5940
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GEORGE JONES PRODUCTION RIDE
This rider is herewith attached to and made part of the contract between GEORGE
JONES hereafter referred to as the (Artist) and the (Purchaser) for the engagement dated
gA/Cq in- ET/6 ti Z C—
1) Any-contract returned wi+h the rider unattached, unsigned or altered without
.n ar r •ith Artit's entatiye shall make the ,. ._..I1 _d
n" !.�"" Artist CUE
!1 d 1, I1 l d d F ] ll,,.ion tt_
engagement specified.
2) The Artist will receive 100% sole exclusive Headline Billing in any and all
advertising and publicity, including marquee. Artist shall be the closing act of
the engagement.
3) Artist shall have exclusive control over the production presentation and
performance of the entertainment unit in connection with this engagement.
4) The Purchaser agrees to furnish at his own expense, all materials, equipment,
personnel, services, all necessary licenses, advertising and publicizing for this
engagement.
5) The purchaser will be responsible for the theft of, and/or the damage to any of
the Artist's property by any personnel furnished by the Purchaser.
6) The Purchaser shall not commit the Artist to any personal appearances,
interviews, or any other type of promotion without the prior written consent of
the Artist's representative.
7) The purchaser shall use his best efforts to prohibit and enforce the restriction
of the recording of the Artist's performance. NO part, portion, or segment of
the Artist's performance is to be reproduced through either audio or visual
means without the express written permission of the Artist.
8) The Purchaser shall provide the Artist with twenty five ()25) 'mime
complimentary tickets per show. Any unused tickets can be sold day of show. ��/
will be released for sale by 5:00 pm on the day of the show.
Artist COE
9) Artist requires adequate parking for three (2) forty five (45') foot buses, one
(1) seventy (75') foot tractor trailer, and one (I) thirty one (31') foot RV.
They must have an easy entrance and exit, never to be blocked, and located as
close to the stage door as possible. Purchaser agrees to pay any parking costs
levied on these vehicles during the date of the performance.
10)The Purchaser or a fully authorized representative shall be on hand from
stage call through completion of the show to deal with any contingency that
might ari' e in the production of the performance.
Initials Revised 2007 Page 2
GEORGE JONES PRODUCTION RIDER
IJi f eL;-1'szQ
1 I)Compensation.Jas stated in this agreement, shall be paid to A-Ft+-t mull
lO Bi ehead, at sound check. Guarantee payments mi st he in _ /S.4.
-the form of CASH or CASHIERS CHECK ONLY/GiIl C,/49.61( .
Art is CUE
12) l tt P n c of ar�Pntanac n 1 rt ct rPnr�cantatirp will tP allo'. arl n tt P hnx
office at any time during the sale of tickets for any Feason. A c..rtitill copy of A
{Ij Ar 1st COE
representative. Representative shall have the right to in3pect reccipt3,
ii lu ing b• t notlimited to unsold tickets stubs for tickets sold. No
out3tanding b1113 \vill be honored.
13) Two separate dressing rooms must be available for the Artist's entourage.
Dressing rooms must be clean, with toilet facilities, and supplied with
adequate linens. There should also be adequate chairs and tables in each
dressing room. FIVE (5) SHOWER TOWELS AND TEN (10) HAND
TOWELS TO BE FURNISHED. PLEASE HAVE THEM IN THE
PRODUCTION OFFICE AT LOAD IN.
reAspnable E j
14)A ,ufftcter t number of security personnel is to be furnished for the Artists
Artist COE
protection, the band and production equipment, and personal property, before
during, and after the performance. One security person is to be positioned at
the Artist's bus at all times.
15)Artist shall have the first right to setup all instruments and properties used in
the presentation of his performance. The aforementioned instruments. and or
properties shall not be moved or relocated without the express permission of
the road manager.
16)Artist has approval of all opening acts on the show. The opening act must he
compatible to the Artist and perform a maximum of forty five (45) minutes.
unless otherwise discussed with Artists' management.
17) In the event Artist does not close the show Purchaser shall ensure that all
personnel working on the production of the show and equipment be available
for Artist's performance. A sound check is mandatory prior to any
performance.
I S) Except when specified. all performances shall be held indoors and shall not he
subject to cancellation due to weather conditions.
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Initials Revised 2007 Page 3
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GEORGE JONES PRODUCTON RIDER
for the stage to protect equipment and personnel from all weather elements.
equipment. In the event this show is not presented because of inclement
weather; the artist must still be paid in full, provided Artist is present and Artist COE
ready to perform at the designated time.
20) In the event of illness or incapacity of Artist, Artist shall not be required to
perform, and arrangements shall be made for deposits to be returned and
neither party shall be under any obligation to the other.
21) In the event of breach by Purchaser of any of this contract and rider the Artist
shall not be required to perform and any deposits held will not be refunded to /
Purchaser. Artist COI
sixty (60)
22)Artist has the privilege of cancellation by giving tl,irt) (30) days wire or
written notice to Purchaser in the event ()ITV, motion pictures, Nevada or Artist COE
location engagements:; provided, however, that in event of such cancellation
all funds paid by PURCHASER shall be refunded to PURCHASER within
thirty (30) days of 23) Purchaser agrees to supply, at his sole cost, the necessary stage/technical
cancellation, with no requirements. SEE ATTACHED STAGE/TECHNICAL REQUIREMENTS.
further liability of
any kind by PURCHASER.
24) Purchaser agrees to supply, at his sole cost, the food and beverages listed on
the attached menu. SEE ATTACHED MENU REQUIREMENTS.
25) Purchaser shall provide an adequate amount of tables for the sale of souvenir
items. Artist shall have the sole and exclusive right to sell souvenir items in
connection with and at the venue. The receipts of all souvenir items 3h11 g
belong exclusively to the Artiat. Artist will furnish personnel to sell these Artist COE
items. Any other souvenir items, recordings, or other materials bearing the
name or likeness of George Jones is prohibited.
26) Each one of the terms of this rider is essential and necessary for Artist's full
performance hereof. These obligations of Purchaser which are to be
performed prior to any performance by Artist are conditions precedent which
must be performed in full by Purchaser, unless waived either in writing, or by
initialing the paragraph to he waived, by both parties.
ith row , , th I ligati u„r t e� hi• I
�rt o,� r _a Li_o-- ,. D „h 1,,,. rC :I..___._._ _ ( )J/ ."
ure to cVllltJly
with any of the-terms contained herein will constitute a breach of this Artist COE
. ...
Initials Revised 2007 Page 4
GEORGE JONES PRODUCTION RIDER
23)The Purchaserthat he has the right to enter into this c4,)44.tr.act acui is
of Iegal age. Artist COE
THIS RIDER ALONG WITH THE MENU AND TECHNICAL REQUIRE-
MENTS ATTACHED HERETO ACCEPTED AND A • EED TO:
BY: GL BY: Admitilli
PU HAS R FOR GEORG ' S
0/ar
DATED:
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INITIAL/ Revised 2007 Page 5
GEORGE JONES MENU REQUIREMENTS
AT LOAD IN:
One (1) Case of Assorted Soft Drinks and Juices
Milk and Coffee
Deli Tray for Eight (5) People or
Hot meal for 5 to be advanced by Production Manager
IN PRODUCTION OFFICE:
One (I) Case Coke
One (I) Case 7-UP
One (1) Case Dr. Pepper
One (I) Case Diet Dr. Pepper
Two (2) Cases Bottled Water (160Z)
AT SOUNDCHECK
10 LBS ICE FOR STAGE
40 LBS ICE FOR BUS
AT END OF SOUND CHECK
PURCHASER TO PROVIDE A HOT MEAL FOR TWENTY-TWO (22)
PEOPLE AT CONCLUSION OF SOUND CHECK. THIS IS TO
INCLUDE SOFT DRINKS, MILK AND COFFEE. THIS MEAL MUST
CONSIST OF AT LEAST TWO (2) MEAT ENTREE AND TWO (2)
VEGETABLES ONE (I) STARTCI-I AND DESSERT. IF HOT MEAL
IS IMPOSSIBLE TO PROVIDE, ARRANGEMENTS MUST BE MADE
WITH THE ROAD MANAGER PRIOR TO THE ENGAGEMENT.
CONTACT BOBBY BIRKHEAD AT 615-865-8404 OR 615-406-2060.
THESE MEALS AND DRINKS ARE TO BE UNDER THE STRICT
SUPERVISION OF THE ROAD MANAGER OR HIS
REPRESENTATIVE TO BE EXPLICITLY FOR ARTIST, HIS BAND
AND CREW ONLY.
AC EED/X CC'EPJED
CH 'EP •
Initial Revised 2007 Page 6
GEORGE JONES TECHNICAL RIDER
In order to provide the Purchaser, and venue different options concerning
local crew and technical requirements the production staff has developed several
options pertaining to the production of the George Jones Show. Please choose
one of the following options that would accommodate the particular show you
will be producing. Indicate your choice by signing and dating the particular
option. In order to provide a Safe and Productive show please make sure the
labor provided has prior working experience in their respective positions.
If you have any questions feel free to call:
Kevin Weak--Production Manager 615-202-6680
Kevin Wenk--Lighting Director/ Video 615-202-6680
Purchaser Note: All labor can be broke at the four (4) hour minimum
according to the venue's minimum requirements. If it is an IA venue and there is
an opening act, please note we will have to leave two (2) hands on for the day,
providing the opening act does not have extensive amounts of equipment. In
which case four (4) hands will need to be on for the day.
OPTION A: Coliseums, Arenas, Civic Centers
a : as follows:
STA i :
ensions, 40' W x 36' I) x 5' H with two (2) sets of stair:.
Fron of house audio riser 12' W x 8' D x 1' H
Two (2) ' x 12' x 5' H sound wings, if not flying
One (1) for ift with operator.
Stage note: Make su . there is a 10' clearance on L four (4) sides of the
stage.
LABOR:
'"
1 Steward / Crew Boss •
2 Riggers / Up A r - W C 0 E
1 Rigger/ Down
4 Truck Loaders
8 Stage Hands
1 Licensed Ele• rician ( Must be able to • contacted if he leaves the
site. )
POWER:
1 • : amp 3 phase within 75' of stage.
200 amp single phase within 75' of stage.
LA R NOTE: If the loaders can roll over into hands, you can t the
PTf-D
Initial Page 7
e eS Po/-2t
GEORGE JONES TECHNICAL RIDER
OPTION B: Theater
If touring company is providing audio and lighting, requirements are the
same as Option A. If touring company is providing audio or lighting ONLY:
LABOR:
I Stewart / Crew Boss
1 Rigger / Up Lighting
1 Rigger / Down Lighting
4 Truck Loaders
6 Stage Hands
1 Licensed Electrician
1 400 amp 3 phase
1 200 amp single phase
LABOR NOTE: Once again, if the loaders can roll over into hands, you can
cut the hands back to 4. Once the truck is unloaded we require 8 hands total.
fat po ,
In order to keep George Jones ash downstage as possible, the lighting t / !`
director can tie into the house lighting system, provided there is a dmx link to Artist/COE
the house-system on stage. He will require 8 to 12 lighting fixtures from an
elevated position in the house. Color to be #33 or a similar light pink. Also
he will require the dmx channels for those fixtures. The lighting director will
also require 2 house bakons, 1 baviton as far downstage as possible to hang a
video projector. ( weight== = 20 lbs. ) The second baKton to be approx-
imately 28' upstage from the downsta atop, to hang a video screen.
( weight = 50 lbs. )
OPTION B ACCEPTED
OPTFO-N C; asino s
LABOR. ( A
ack Loaders, Artist COE
6 Stagc Hands
POWER.
I 200 amp single phase within 75' of stage.
OPTION C ACCEPTED
cJ
I nitia Page 8