HomeMy WebLinkAbout10-0415 Virtually ti
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• THEATREWORKS USA Aakk%
151 West 26th Street (212)647-1100
New York,NY 10001 Fax:(212)924-5377
Butch Wilhelmi 32675 - 00100001
The Hemmens Cultural Center VIRTUAL-11/08/2010
150 Dexter Court
Elgin,IL 60120-5527 This Contract has been modified by the City of Elgin.
WORK - 847-931-5905
FAX - 847-931-5940
Dear Sponsor: April 15, 2010
yfThe Hemmens Cultural Center Attachment "A"; and the Theatreworks "Addendum to Letter
/ Agreement", labeled as Attachment "B"; attached hereto are made a part hereof.
HCC /TWUSA
an agreement between you (SPONSOR) and us (THEATREWORKS USA CORP.) relating to
SPONSOR'S presentation of 2 performance(s)of THEATREWORKS USA production entitled:
VIRTUALLY ME!
Date(s) /Time(s) Location City and State
08 NOV 2010/09:45AM THE HEMMENS CULTURAL CENTER ELGIN. IL
08 NOV 2010/12:OOPM THE HEMMENS CULTURAL CENTER ELGIN, IL
55 / final. SPONSOR shall pay THEATREWORKS USA CORP.:
HCC /rwusA $3,200.00 as performance(or residency)fee.
$3,200.00 TOTAL
2. The total amount due under Paragraph 1 above shall be paid as follows:
$600.00 to accompany signed contract
$2,600.00 to be mailed to THEATREWORKS USA on first day of performance
$3,200.00 TOTAL
5- / opAll payments shall be made to THEATREWORKS USA and mailed to the address set forth above, and
HCC /TWUSA any payments shall be deemed made only whew received upon transmission.
.il /
HCC /TWUSA
ACCEPTED AND AGREED TO:
. ..f / fie ACCEPTED AND AGREED TO: Very truly yours,
- HCC /TWUSA THE HEMMENS CULTURAL CENTER THEATREWORKS USA
The Cit •f Elgin, IL
„‘dold. • /
Rd.e...CL(Pr Q1&
S i STEGALL, CIT/ A AGER BETH PRATHER
Date Date
**FOR EACH SHOW SITE, PLEASE RETURN TO US WITH CONTRACT:
1)A MAP(can be hand drawn) indicating location of performance site.
2)The name and phone numbers (work and home)of the person our stage manager will contact regarding
technical coordination.
3) Schools: In addition, please include name and phone number of principal.
ADDENDUM TO LETTER AGREEMENT
ATTACHMENT B
THEATREWORKS/USA CORP.
Matt Murphy Production
VIRTUALLY ME!
THEATREWORKS/USA CORP.shall provide the production at the time(s),date(s),and place(s)designated in the letter
agreement.
2. SPONSOR shall provide at its expense:
a. The theatre or auditorium to above(with stage cleared and complete with adequate stage lighting)made available
to MATT MURPHY PRODUCTIONS exclusively two hours prior to the performance(s).
b. 2 people to help load and unload scenery before and after performances and to run lights during the performance.
3. If is further agreed as follows:
a. On all billboards,promotional brochures,paid advertisements and on the title,page of all programs MATT
MIURPHY PROUDCTIONS shall be accorded billing as follows:
(name of sponsor)presents
Matt Murphy Productions
(name of show)
b. There shall be no audio or visual broadcast or recording of the performances permitted
c. There shall be no discrimination or segregation in admission or seating based on race,sex,national origin or
religion.
d. MATT MURPHY PRODUCTIONS shall be under no liability for failure to appear or perform in the event that
such failure is caused by or due to the physical inability of any of MATTMURPHY PRODUCTIONS personnel to
perform,or acts or regulations of public authorities,labor difficulties,civil tumult,strike,epidemic,interruption
or delay of transportation services,or any other cause beyond MATT MURPHY PRODUCTION'S control:but
payment due THEATREWORKS/USA CORP.from SPONSOR allocable to such canceled performance(s)need
not be made and,if already made,shall be refunded
e. In the event SPONSOR cancels any performance(s)for any reason,the SPONSOR shall be liable to
THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreement.
f. Our pre-show set-up is scheduled to be completed by /2 hour before the scheduled performance time. We cannot
begin our set-up earlier in order to allow for earlier sealing. If you wish to begin seating prior to''/hour before
the performance,you may do so,but be aware that the performers will probably still be setting up on stage.
g. Separate dressing rooms(with mirrors)shall be provided for male and female Actors.Dressing rooms shall be
comfortably heated and ventilated(as shall the stage)from the time the first Actor arrives,and shall have
entrances and windows properly masked from the public to insure privacy.
h. Separate sanitary facilities close to the dressing rooms shall be provided for male and female Actors,shall have
hot and cold running water,be clean and sanitary and whenever possible,separate from those provided to the
audience.
/5 ! /P4. .
HCC /TWUSA
If the foregoing and the attachment accurately set forth your understanding with us,kindly sign one completely executed
copy of the agreement and return to us. This shall constitute a binding agreement between us.
•
ATTACHMENT A
The Hemmens Cultural Center
SHOW: VIRTUALLY ME
Date(s): November 8, 2010
ADDENDUM #1 TO AGREEMENT
ATTENTION: Please carefully read each of the additional provisions set forth below. By
signing below, you hereby agree to be bound by the provisions contained in this Addendum #1.
If there are any conflicts between this Addendum #1 and the terms or conditions of the Letter
Agreement, Theatreworks USA's Addendum to Letter Agreement, the Technical Rider, or any
other document constituting a part of this Agreement, the parties agree that the provisions of this
Addendum #1 shall supersede any conflicting provisions, and shall control, prevail and be given
full force and effect in construing the agreement between the parties (the Letter Agreement,
Theatreworks USA's Addendum to Letter Agreement, the Technical Rider and this Addendum
#1 are collectively referred to as the "Agreement" herein).
A. This Agreement is hereby made and entered into this /90day of , 2010, by and
between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to
as "Sponsor" and Theatreworks USA Corp., a New York corporation, (hereinafter referred
to as "Theatreworks USA"). For and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the
parties hereto agree that Theatreworks USA shall present two (2) performances of
Theatreworks USA's production entitled VIRTUALLY ME pursuant to the terms and
conditions provided for by this agreement.
B. 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.
C. This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
D. 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.
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Hemmens.org Fax: 847-931-5940
E. To the fullest extent permitted by law, Theatreworks USA agrees to indemnify, defend and
hold harmless Sponsor, 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.
F. In the event that the Artist fails to perform its obligations pursuant to this Agreement, the
City shall be entitled to pursue any and all remedies afforded by law or equity. 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, as defined in this Agreement, the parties shall
attempt to reschedule the event. If the event cannot be rescheduled, no payments shall be
due from the City under this Agreement, and any payments made by the City to Artist or its
representative(s) shall be refunded to City within ten (10) days of written demand by the
City. In the event that the City negligently or willfully does not substantially perform its
obligations herein, the City's liability is strictly limited to the performance fee provided
herein. In no event shall the City be liable for any other monetary damages, including, but
not limited to, compensatory, consequential, indirect, special or incidental damages of any
kind, or any costs or attorney's fees, arising from or in any way related to any breach of the
terms of this Agreement.
G. 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.
AGREED:
CITY OF ELGIN THEATREWORKS USA
By: A. By:
S Stegall Beth Prather
Its: City Manager Its: Education Director
Date: �19��� Date: — CD
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Hemmens.org Fax: 847-931-5940
THEATREWORKS USA
151 West 26th Street (212)647-1100
New York,NY 10001 Fax:(212)924-5377
Butch Wilhelmi 32676 - 00100001
The Hemmens Cultural Center web-03/26/2011
150 Dexter Court
Elgin, IL 60120-5527 This Contract has been modified by the City of Elgin.
WORK - 847-931-5905
FAX- 847-931-5940
Dear Sponsor: April 15, 2010
5 The Hemmens Cultural Center Attachment "A"; and the Theatreworks "Addendum to Letter
S / Agreement", labeled as Attachment "B"; attached hereto are made a part hereof.
HCC /TWUSA
an agreement between you (SPONSOR) and us (THEATREWORKS USA CORP.) relating to
SPONSO 'S p ntation oft perf rman-e(s) ofTHE rnEWO KS ttcn oduction entitled:
CHARLOTTE'S WEB
Date(s) /Time(s) Location City and State
26 MAR 2011/01:OOPM THE HEMMENS CULTURAL CENTER ELGIN. IL
26 MAR 2011/03:00PM THE HEMMENS CULTURAL CENTER ELGIN, IL
57 / I .. SPONSOR shall pay THEATREWORKS USA CORP.:
HCC /TwusA $3,600.00 as performance(or residency)fee.
$3,600.00 TOTAL -. `' - : . .
2. The total amount due under Paragraph 1 above shall be paid-as follows:
$600.00 to accompany signed contract
$3,000.00 to be mailed to THEATREWORKS USA on first day of performance -. - _ .-
$3,600.00 TOTAL
All payments shall be made to .THEATREWORKS USA and mailed to the -address set forth above, and
any payments shall be deemed made only whew received upon transmission..
/ SS
$ /
HCC /TWUSA
eens:ider-this-eantfaet-n-ull-and-veid,
ACCEPTED AND AGREED TO:
55 / APACCEPTED AND AGREED TO: Very truly yours,
HCC /TWUSA THE HEMMENS CULTURAL CENTER THEATREWORKS USA
The City o Igin, IL
/� /
SE TEGALL, CITY / AGER BETH PRATHER
, , cp/e/- / C.)
Date .. w • Date
**FOR EACH SHOW SITE, PLEASE RETURN TO US WITH CONTRACT:
1)A MAP(can-be hand drawn) indicating location of performance site.
_. 2)The name and phone ritimbers"(work and home) of the person our stage manager will contact regarding
technical coordination. •
3) Schools: In addition, please include name and phone number of principal.
ADDENDUM TO LETTER AGREEMENT
ATTACHMENT B
THEATREWORKS/USA CORP.-CHALOTTE'S WEB
THEATREWORKS/USA CORP.shall at its sole expense provide the production at the time(s),date(s),and place(s)
designated in the letter agreement.
2. SPONSOR shall provide at its expense:
a. The theatre or auditorium to above(with stage cleared and complete with adequate stage lighting)made available
to THEATREWORKS/USA CORP. exclusively two hours prior to the performance(s).
b. 2 people to help load and unload scenery before and after performances and to run lights during the performance.
3. If is further agreed as follows:
a. On all billboards,promotional brochures,paid advertisements and on the title,page of all programs
THEATREWORKS/USA CORP. shall be accorded billing as follows:
(name of sponsor)presents
The Theatreworks USA production
of
(name of show)
b. There shall be no audio or visual broadcast or recording of the performances permitted
c. There shall be no discrimination or segregation in admission or seating based on race,sex,national origin or
religion.
d. THEATREWORKS/USA CORP.shall be under no liability for failure to appear or perform in the event that such
failure is caused by or due to the physical inability of any of THEATREWORKS/USA CORP. personnel to
perform,or acts or regulations of public authorities,labor difficulties,civil tumult,strike,epidemic,interruption
or delay of transportation services,or any other cause beyond THEATREWORKS/USA CORP.'S control:but
payment due THEATREWORKS/USA CORP.from SPONSOR allocable to such canceled performance(s)need
not be made and,if already made,shall be refunded
e. In the event SPONSOR cancels any performance(s)for any reason,the SPONSOR shall be liable to
THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreement.
f. Our pre-show set-up is scheduled to be completed by'/:hour before the scheduled performance time. We cannot
begin our set-up earlier in order to allow for earlier sealing. If you wish to begin seating prior to hour before
the performance,you may do so,but be aware that the performers will probably still be setting up onstage.
4. SPONSOR recognizes that THEATREWORKS/USA CORP.is party to an agreement with Actors'Equity Association and
therefore must comply with the following:
a. Separate dressing rooms(with mirrors)shall be provided for 4 male and 2 female Actors. Dressing rooms shall be
comfortably heated and ventilated(as shall the stage)from the time the first Actor arrives,and shall have
entrances and windows properly masked from the public to insure privacy.
b. Separate sanitary facilities close to the dressing rooms shall be provided for male and female Actors,shall have
hot and cold running water,be clean and sanitary and whenever possible,separate from those provided to the
audience.
0 / .
HCC /TWUSA
If the foregoing and the attachment accurately set forth your understanding with us,kindly sign one completely executed
copy of the agreement and return to us. This shall constitute a binding agreement between us.
r -
(6 •
ATTACHMENT A
The Hemmens Cultural Center
SHOW: CHARLOTTE'S WEB
Date(s): March 26, 2011
ADDENDUM #1 TO AGREEMENT
ATTENTION: Please carefully read each of the additional provisions set forth below. By
signing below, you hereby agree to be bound by the provisions contained in this Addendum #1.
If there are any conflicts between this Addendum #1 and the terms or conditions of the Letter
Agreement, Theatreworks USA's Addendum to Letter Agreement, the Technical Rider, or any
other document constituting a part of this Agreement, the parties agree that the provisions of this
Addendum #1 shall supersede any conflicting provisions, and shall control, prevail and be given
full force and effect in construing the agreement between the parties (the Letter Agreement,
Theatreworks USA's Addendum to Letter Agreement, the Technical Rider and this Addendum
#1 are collectively referred to as the "Agreement" herein).
A. This Agreement is hereby made and entered into this /qn"day of A,' , 2010, by and
between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to
as "Sponsor" and Theatreworks USA Corp., a New York corporation, (hereinafter referred
to as "Theatreworks USA"). For and in consideration of the mutual promises and
covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the
parties hereto agree that Theatreworks USA shall present two (2) performances of
Theatreworks USA's production entitled CHARLOTTE'S WEB pursuant to the terms and
conditions provided for by this agreement.
B. 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.
C. This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
D. 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.
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Hemmens.org Fax: 847-931-5940
• E. To the fullest extent permitted by law, Theatreworks USA agrees to indemnify, defend and
hold harmless Sponsor, 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.
F. In the event that the Artist fails to perform its obligations pursuant to this Agreement, the
City shall be entitled to pursue any and all remedies afforded by law or equity. 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, as defined in this Agreement, the parties shall
attempt to reschedule the event. If the event cannot be rescheduled, no payments shall be
due from the City under this Agreement, and any payments made by the City to Artist or its
representative(s) shall be refunded to City within ten (10) days of written demand by the
City. In the event that the City negligently or willfully does not substantially perform its
obligations herein, the City's liability is strictly limited to the performance fee provided
herein. In no event shall the City be liable for any other monetary damages, including, but
not limited to, compensatory, consequential, indirect, special or incidental damages of any
kind, or any costs or attorney's fees, arising from or in any way related to any breach of the
terms of this Agreement.
G. 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.
AGREED:
CITY OF ELGIN THEATREWORKS USA
By: fidW By: 6k.Yl— ��--SU(Ngi-e--7
Seegall Beth Prather
Its: City Manager Its: Education Director
Date: / �� Date: & 7 /Q
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Hemmens.org Fax: 847-931-5940
•
142 West 57th Street, Sixth Floor ";••; Phone: (212)581-3100
New York NY 10019 r' Fax: (212) 581-0015
r -
etti
AGENT:Seth Rappaport . ' CONTRACT#:170310
c ** This Contract has been modified by the City of Elgin **
�/ Agreement made this date, Friday, February 5, 2010 by and between Backyard Tire Fire LLC. an Illinois Limited Liability Company(herinafter referred to as
rtist) and City of Elgin, an Illinois Municipal Corporation (herinafter referred to as Purchaser). It is understood and mutually agreed that the Purchaser
HCC/BTF engages the Artist to perform the following engagement upon all the terms and conditions hereinafter set forth:
ARTIST(S): Backyard Tire Fire 75%SPECIAL GUEST STAR
VENUE: Hemmens Cultural Center 45 Symphony Way, Elgin, IL 60120
Phone:(847)697-3616 Fax:(847)931-5940 Production:Patrick Raddatz Phone:847-931-5904
DATE(S): Fri.March 19,2010
Artist to Perform one(1)show approximately 45 minutes in length.
TICKETS: Quantity Grs Price Cmp/Kls Deduct Net Price Discrptn No.Days/Shws: 1/1
311 @ $25.00 $25.00 Balcony Load In: per adv
891 @ $35.00 $35.00 GA Snd Chck:
per adv
47 • @ $50.00 $50.00 Gold Circle Doors Open: 7:30pm
Showtime(s): 8:00pm
GP: $41,310.00 Capacities Merchandising Onstage: 8:00pm
Tax: Per Show: 1,249 Artist sell:% 80/20 % Ages: All Ages
Net: $41,310.00 Total tkts: 1,249 Build sell: Curfew:
6)5 y I2MS: $250.00 Guarantee Total payment
HCCBTF Flat
PLUS Purchaser agrees to provide and pay for Sound& Lights and Monitors to meet with Artist's reasonable specifications and approval
attached hereto and made a part hereof as Exhibit B. •
Purchaser shall provide and pay for,as per Artist's specifications and approval,at no cost to Artist any and all rider requirements.
ADDITIONAL email:wilhelmi b(a@citvofelgin.orq
PROVISIONS: production:raddatz pcityofelqin.ora
Merchandise Rate: 20%of GROSS to Purchaser on Soft Goods(artist sells)
OTHER ACT(S): Los Lobos 100%M6 Headline
PAYMENTS: Artist shall be paid in full on the night of the engagement immediately following the performance.
Artist's GeFtifredisashiegs City of Elgin checks should be made payable to Backyard Tire Fire LLC
The Agency Group LtdBank Wire Information HSBC ABA#:021-001-088 Account#:610088955
4s7 Fifth Avpnuo_New Vnrk NY inn1R
It is expressly understood by the Purchaser(s)and the Artist who are party to this contract that neither The Agency Group,Ltd.nor its officers nor its employees are
parties to this contract in any capacity and that neither The Agency Group, Ltd. nor its officers nor its employees are liable for the performance breach of any
provisions contained herein.
It is expressly understood by the Purchaser and the musician(s)who are parties to this contract that neither the Federation nor the Local Union are parties to this
contract in any capacity except as expressly provided in the previous paragraph and,therefore,that neither the Federation nor the Local Union shall be liable for the
performance or breach of any provision hereof.
All other terms and conditions of Artist's engagement and services hereunder are set forth in the Standard Terms and Conditions attached hereto as Exhibit A"which
Standard Terms and Conditions are by this reference incorporated herein and made a part of this Agreement.
This contract shall not be binding unless signed by all parties hereto provided however,that the failure to sign this agreement shall not subject The Agency Group to
any liability. Should any Rider,Addendum and/or Expense sheet be annexed to this Agreement it/they shall also constitute a part of this agreement on the date first •
above written. IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and first above written.
Backyard Tire Fire LLC City of Elgin
SS Fed ID#:20-4040635 Sean Stega
Xmin..10;1.
X id l�/K�J
C/O The Agency Group Ltd. 142 est 57th Street,Sixth 150 exter Court
New York, NY 10019 Elgin, IL 60120.
(212)581-3100 Fax: (212)581-0015 847-931-5905 Fax: 847-931-5940
CONTACT:Butch Wilhelmi
142 West 57th Street, Sixth Floor Phone: (212)581-3100
New York NY 10019 Ike •t r: fi Fax: (212) 581-0015
Exhibit A CONTRACT#: 170310
Additional Terms and Conditions for Non-AFM Members
Backyard Tire Fire
Showdates(s): 03/19/10 Page: 1
The parties hereto hereby acknowledge that the following additional terms and conditions are incorporated in and make a part of the
Agreement between the parties hereto.
04_ Reproduction of Performance Provision
HCC/BTF URCHASER shall not itself nor shall it recklessly permit others to record, broadcast,televise, photograph or otherwise reproduce
the visual and/or audio performances hereunder,or any part thereof.
2. Merchandising Provision
ARTIST shall have the exclusive right to sell souvenir programs, photographs, records 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 participation in the proceeds by-PURCHASER subject however to concessionaire's requirements,if any.
3. Right to Likeness Provision
ARTIST'S name or likeness may not be used as an endorsement of any product or service nor in connection with any commercial
,,
tie-up without ARTIST'S prior written consent.
11411A Termination Clause
HCC/BTF 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,ARTIST shall have the right to refuse to perform this contract, shall retain any
amounts theretofore paid to ARTIST by PURCHASER, and PURCHASER shall remain liable to PURCHASER for the agreed price
herein set forth. , ,
effect,and to retain any amounts theretofore paid to ARTIST by PURCHASER and PURCHASER shall remain liable to ARTIST for
the agreed price herein set forth.
5. Sickness or Accident Provision
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 or delay of transportation services, war
conditions, or emergencies or any other similar or dissimilar cause beyond the control of PURCHASER, it is understood and agreed
that there shall be no claim for damages by PURCHASER and ARTIST'S obligations as to such performances shall be deemed
waived. In the event of such non-performance for any of the reasons stated in this paragraph,if ARTIST is ready,willing and able to
perform, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced to ARTIST hereunder,
shall be returned on a pro-rata basis.
6. Controlling Authority Provision
ARTIST shall have the sole and exclusive control over the production, presentation and performance of the engagement hereunder
including but not limited to the details,means and methods of the performances of the performing artists hereunder,and ARTIST shall
have the sole right or may see fit to designate and change at any time the performing personnel. Provided ARTIST is ready, willing
and able to perform at stated date and time, ARTIST'S obligations hereunder are subject to detention or prevention by sickness,
inability to perform,accident,means of transportation,Acts of God,riots,strikes, labor difficulties,epidemics,any act or order of any
public authority or any other cause,similar or dissimilar beyond ARTIST'S control.
5 7. Weather Provision
HCC/BTF 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 ARTIST disagree as to whether rendition of
performance(s) is impossible, not feasible or unsafe because of inclement weather, ARTIST'S Purchaser's determination as to
performance shall prevail.
Cancellation Clause
. Unless stipulated to the contrary in writing,PURCHASER agrees that ARTIST may cancel the engagement hereunder
HCC/:TF
•
142 West 57th Street, Sixth Floor Phone: (212)581-3100
New York NY 100197/11Ci Fax: (212) 581-0015
f ust�BEd
Exhibit A CONTRACT#:170310
Additional Terms and Conditions for Non-AFM Members
Backyard Tire Fire
Showdate(s):03/19/10 Page:2
without liability by giving the PURCHASER notice thereof at least thirty(30) days prior to the commencement date of the engagement
hereunder.
ete the Co .ith: 10 d..
ys
9. Independent Contractor Clause
It is agreed that PURCHASER 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 ARTIST 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.
10. Authority for Inconsistencies Provision
In the event of any inconsistency between the provisions of this contract and the provisions of any riders, addenda , exhibits or any other
attachments hereto,the parties agree that the provisions most favorable to ARTIST shall control.
1 1. Indemnification Clause
PURCHASER hereby indemnifies and holds ARTIST, as well as their respective agents, representatives,principals, employees, officers and
directors,harmless from and against any loss,damage or expense, including reasonable attorneys fees, incurred or suffered by or threatened
against ARTIST or any of the foregoing in connection with or as a result of any claim for personal injury or property damage or otherwise
brought by or on behalf of any third party person, firm or corporation as a result of or in connection with the engagement, which claim does
not result from the active and willful negligence of the ARTIST.
Sy / 2. Dispute Resolution Provision
HCC/BTF .
b
b '
Conflict of Laws Provision
HCC/BTF othing in this agreement shall require the commission of any act contrary to law or to any rules or regulations of any union,guild or similar
bedy having jurisdiction over the services and personnel to be furnished by the PURCHASER to ARTIST hereunder. If there is any conflict
between any provision of this Agreement and any law,rule or regulation, such law, rule or regulation shall prevail and this Agreement shall
be curtailed, modified, limited only to the extent necessary to eliminate such conflict. ARTIST agrees to comply with hall regulations and
PURCHASER.
/1�,�js� Escrow Provisions
(Escrow Agent)acts herein only as the Escrow Agent for Producer and is not responsible for any act of commission or omission on the part or
HCC/BTF either PURCHASER or ARTIST. I n furtherance the err na f the do eat of (Es Aga t� es th, tl.. ARTIST
of commission or omission of PURCHASER or ARTIST and the PURCHASER and ARTIST jointly and severally agree to hold the(Escrow
142 West 57th Street, Sixth Floor Phone: (212)581-3100
New York NY 10019 iite.; :;!`f. Fax: (212)581-0015
Exhibit A CONTRACT#:170310
Additional Terms and Conditions for Non-AFM Members
Backyard Tire Fire
Showdate(s):03/19/10 Page: 3
55/ Assignment/Transfer Provision
HCC/BT�s contract (a) cannot be assigned or transferred without the written consent of PURCHASER, (b) contains the sole and complete
understanding of the parties hereto and(c)may not be amended,supplemented,varied or discharged,except by an instrument in writing signed
by both parties.
place erfo nee. TH€ PEDC XE `UTING THIS G Ecn ENT ON PURCHAS.EpIS BEHALF WARRANTS HIS/HER
AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID
PRICE IN FULL. The terms "PURCHASER" and "ARTIST" as used herein shall include and apply to the singular, the plural and to all
genders.
4/ Otr/ SEVERABILITY
HCC/BTF The terms and provisions 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.
55 / �ditional terms and provisions to this Agreement are attached hereto and made a part hereof as Exhibit"A"
HCC/BTF
1 .
Backyard Tire Fire LLC City of Elgin
Sean Stegall
X X ad,. /
ATTACHMENT A
The Hemmens Cultural Center
Date: March 19,2010
SHOW: Backyard Tire Fire,Opener for LOS LOBOS
ADDENDUM 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. This Agreement is the only agreement between the parties hereto regarding the subject matter
hereof. There are no other agreements, either oral or implied, regarding the subject matter hereof.
E. 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.
F. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in
connection with the performance of this Agreement that the Artist 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, Artist hereby certifies, represents and warrants to the City
that all Artist'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. The City shall have the right to audit
any records in the possession or control of the Artist to determine Artist's compliance with the
provisions of this section. In the event the City proceeds with such an audit the Artist shall make
available to the City the Artist's relevant records at no cost to the City.
G. 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.
H. Hemmens' Staff will make every reasonable effort to maintain the spirit of the artist's light plot using
the venues lighting system and available inventory (see attached Technical Information Rider and
light plot). The Hemmens uses Roscolux Color Filters and will make the suitable substitutions as
needed.
Notwithstanding anything to the contrary provided herein, Purchaser shall not be liable to Artist for
attorneys' fees or any incidental, indirect or special damages of any kind; and Purchaser shall not be
liable to Artist for any reason in an amount greater than the total performance amount of $17,000
provided for herein.
AGREED:
By: By: �A• .17017
For: Backyard Tire Fire, LLC For: The City of El in
Date: 2124 1 t4 Date: 0
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120
Phone: 847-697-3616 www.hemmens.org Fax: 847-93 I-5940
•
GSH Management, Inc
Geoff Harrison
26-30 29th Street, Astoria, NY 11102
Te1347.649.1684 Fax: 270.596.1295
geoff@backyardtirefire.com
CONTRACT RIDER FOR ARTIST — Backyard Tire Fire
I: TECHNICAL SPECIFICATIONS
1. The PURCHASER agrees to provide a professional sound system with the specifications set out as
follows.
ye.i_rhe sound system shall be set up and tested to be in complete working order before the arrival
e76 / the ARTIST. The system should be capable of evenly covering the entire listening area and
HCC/BTF must be able to reach loud (44-5 105 dB at mix position) levels without audible distortion. All
speaker enclosures should be of a reputable make (VDOSC, EV, EAW, Turbosound, Nexo, Meyer,
JBL.) System should include appropriate amplification, cables, all necessary rigging hardware,
etc. Number of speakers will depend on type of speaker and size of venue. Estimated total
power capacity in Watts = Venue capacity x 10.
MONITOR SYSTEM: Should have enough input channels, output mixes, and wedges to satisfy the
ei / ARTIST's input list. Wedges should be bi-amped and in either a 1 x 15"/2" or 2 x 12"/2"
HCC/BTF configuration and provide a minimum of 500 watts each. Side fills should be full range tri or bi
amped-system. MINIMUM OF 3 STAGE MIXES AND 4 MON WEDGES!!
C. INPUT REQUIREMENTS
INPUT LIST:
4 Vocal Mics (2 Guitar, Bass, Piano)
1 Bass DI
1 Bass Mic (optional)
1 Guitar Mic
1 Piano Amp. Mic
1 Acoustic Guitar DI
1 Drone Patch (iPod) DI
Kick Drum Mic
Rack Tom Mic
Floor Tom Mic
Snare Mic
Hi-Hat Mic
Overhead mic(s) as needed
NOTE: This list is not numbered intentionally. House engineers should order to their
preference.
D. SOUND CHECK REQUIREMENTS:
�5 / e ARTIST shall receive a thorough sound check prior to the doors opening to the public at the
HCC/BTF venue. The ARTIST needs 45 minutes for set up and at least 20 minutes of exclusive time on the
house sound system with the aid of the sound technician working the venue the day of the
performance.
**NOTE: a failure to comply with the sound check requirements could result in the non
viability of the show.** If one or more of the sound check requirements are not
complied with the ARTIST reserves the right to cancel the performance and m2
perfer-nianec
II: GENERAL REQUIREMENTS
1. GROUND TRANSPORTATION:
5 / Purchaser shall provide parking for one van-sized vehicles within a suitable proximity to load-in area.
HCC/BTF
c c 2. LIGHTING REQUIREMENTS:
/ urchaser will provide and pay for a professional lighting system (minimum of 16k) and a qualified
HCC/ TF operator/lighting designer. Designer will be available before and during sound check to customize
ef-all-stage-ligliting7 The PURCHASER shall supply an effective lighting operator.
3. VENUE PERSONNEL:
The PURCHASER shall provide ONE competent sound engineer. The PURCHASER shall provide one
sober, able-bodied person to assist the ARTIST with load-in and load-out of the ARTIST's equipment
in accordance with the times stated.
4. PRODUCTION AND PERFORMANCE CONTROL:
The ARTIST and their personnel shall maintain 100% control of the production and presentation of
the performance, which includes the following provisions.
The volume of the performance, both onstage and through the house system, shall be determined
exclusively by the ARTIST(within the limits of equipment capacity).
a SECURIIY:
SS /
The PURCHASER shall guarantee proper security at all times to ensure the safety of the ARTIST,
HCC/BTF auxiliary personnel, instruments, all equipment, costumes and personal property during and after the
performance. Particular security must be provided in the areas of the stage, dressing rooms and all
exits and entrances to the auditorium and mixing consoles. Security protection is to commence upon
arrival of the ARTIST at the venues, until all equipment is repacked into transportation and ARTIST
.personnel have left the premises. If any damages arc caused to the ARTIST's gcvr at the
riser, or any other rcvson not directly involving the ARTIST, it is the sole responsibility of the
III: HOSPITALITY
1. The following must be provided to the ARTIST, free of charge:
Five (5) hot meals for band and crew. If hot meals cannot be provided at venue, a dinner buy-out in
the amount of$10.00 per band and crew member will be provided to band upon arrival. (Total = 5 *
$10 = $50.00)
24 count of non-carbonated, bottled spring water (16 oz. or more).
8 (8) clean face towels.
The makings for GREEN and HERBAL (Throat Coat Tea must be included). Unlimited hot water and
mugs must be available. Also, 3 sliced lemons and honey must be available.
•
12 Assorted soft drinks (Coca Cola must be included)
An assorted bowl of fresh fruit
Two (2) cases of domestic beer(Budweiser preferred)
Two (2) Bottles Red Wine, preferably Pinot Noir or Merlot
One (1) Meat/Cheese Trey
Eight (8) Granola bars
Six (6) v8 OR Five (5) Naked Fruit Juice Drinks
Five (5) Red Bulls
One (1) Pack Camel Lights
Chicago Tribune (where available), if not New York Times - current days edition
These hospitality requirements must be available at the request of the ARTIST or their personnel
within 1 (one) hour upon arrival for load in.
2. The PURCHASER will furnish a comfortable, secure, and private dressing room with a power point,
and a mirror. This room shall be clean, dry, well lit, heated or air conditioned, with seating for five.
persons. The room shall also be within easy access of clean washrooms. This room shall be shown to
the ARTIST's representative upon arrival. Please advise band if there are backstage toilet / shower
facilities or other arrangements, such as a day room close by. The room should allow for easy access
to the stage area, preferably without the ARTIST having to walk through the audience. The
PURCHASER shall be solely responsible for the security of items in the dressing room, and shall keep
all unauthorized persons from entering said area. A key for the dressing room shall be entrusted to
the ARTIST for the duration of the night.
c. Production Office: Purchaser shall make available to ARTIST an office space that meets the
S5 / owing requirements:
HCC F Lockable (key provided to TM), High Speed Connection, Well Lit, Power source, desk and 2
chairs.
If Venue does not have a designated Production Office space to meet these requirements, then
accommodation is Venues general office is appreciated, this office is solely for working purposes.
4. All hospitality items are to be charged to the performance budget at real cost. Bar prices or any
other price structure that exceeds local retail value for these hospitality items WILL NOT be accepted
at settlement. Items supplied by In-house restaurant are to be charged at wholesale value.
IV: PAYMENT
1. ,
(94 / ,
HCC/BTF . The balance due
after the performance shall be paid by the PURCHASER to the ARTIST's representative by cash,
City of Elgin check not later than thirty minutes after the end of the.
ARTIST's performance.
2. ,
allow for PURCHASER profit. This figure is a maximum and must be verified by receipt and.
documentation of each expense at settlement.
3.
N/A
whatsoever.
4. The ARTIST shall have the right to have a representative present in the box office at all times. Said
N/A representative shall have access to the box office records of the PURCHASER relating to the gros
receipts of this engagement only.
5. In the event th
N/A
V: MERCHANDISING
1. The ARTIST shall have the exclusive right to sell goods (including, but not limited to, compact discs,
tapes, records, and items of clothing) on the premises of the place of performance. The house
commission rate set forth on the face page of this agreement shall be the only such commission that
_ applies. For the purposes of this agreement, said commission rate shall apply to the sale of clothing
and novelty items only. The sale of recorded product of any kind shall be exempt from said
•
commission. The agreed payment shall include all house commissions and shall be the only payment
made with respect to merchandising rights during this engagement. The PURCHASER agrees that no
party, including the PURCHASER him/herself, will appropriate the ARTIST's name or likeness for any
merchandising use whatsoever. This prohibition includes any and every type of poster intended for
sale at the venue or elsewhere at any time.
2. The PURCHASER agrees to provide a secure, clean, well-lit, and highly visible area suitable for
Gib / merchandise sales.
HCC/
VI: WARRANTIES AND REPRESENTATIONS
1. The PURCHASER hereby warrants that he/she is of sound mind and of legal age to enter into this
55 / inding contract. The person executing this agreement on PURCHASER'S behalf warrants his/her
HCC/ TF authority to dos ,
this-agreement:
2. A representative of the PURCHASER capable of making any decisions pertaining to this engagement. .
must be present at the place of performance from the time of the ARTIST's load-in through the time
of their load-out. This representative must have copies of this entire agreement together with any
and all information pertaining to this engagement in his/her possession.
n.3. In the event the PURCHASER refuses or neglects to provide any of the items herein stated and/or
547 /t�/fails to make any of the payments as provided herein, the ARTIST shall have the right to refuse to
HCC/BTF perform this contract and shall retain any amounts theretofore paid to them or their representative
by the PURCHASER. The PURCHASER will, in this circumstance, remain liable to the ARTIST for the
full price specified for the performance. In addition,. if on or before the date of any scheduled
his/her name to the ARTIST by the PURCHASER.
4. Should the PURCHASER cancel this engagement in any circumstance other than an Act of God or for
/Mt a similar reason beyond the PURCHASER's control, the PURCHASER shall immediately remit to
HCC/BTF Backyard Tire Fire Inc. a certified City of Elgin check or meney-girder in the amount of fifty percent
of the full price specified for the performance.
55 5 Please note that none of the requirements of this rider can be invalidated by the failure of ARTIST
HCC TF Failure to provide any of the requirements of this rider may result in the cancellation of the ARTIST'S
performance. In case of such cancellation, the PURCHASER shall remain liable to the ARTIST fer the
6. The ARTIST's obligations hereunder are subject to detention or prevention by sickness, inability to
perform, accident, failure of means of transportation, Acts of God, riots, strikes, labor difficulties,
epidemics, any act of public authority, or any other cause, similar or dissimilar, beyond their control.
7. It is expressly understood by the PURCHASER and the ARTIST that GSH Management, its employees
and its managers, do not assume any liability for any action(s) taken by the ARTIST, the PURCHASER
or anyone connected with the venue or its operator(s). It is further understood that GSH
Management, its employees and its managers do not assume liability for any claim of any type of
damages.arising out of the engagement that is the subject of this contract.
8. This agreement shall be construed in accordance with the laws of the State of Illinois and shall be
deemed entered into in that State.
9. In case of any conflict of terms, the terms contained within this Rider shall prevail over all others. All
terms of this Rider are specifically accepted by the PURCHASER unless they are waived by the
ARTIST or their representative. Such waiver shall be effective only if initialed by the ARTIST or their
representative.'
10. The PURCHASER warrants that the ARTIST shall receive 100% star billing in any and all publicity
released and in paid advertisements, including, but not limited to, program, fliers, signs and
marquees. The correct billing for the ARTIST, applicable in all promotional materials, is "Backyard
Tire Fire"
ACCEPTED AND AGREED: ACCEPTED AND AGREED:
/(/ a &IJLI9L
PURCHASER ARTIST
0,1-/70 ...9f9/44(0
Date Agent
CONTACT INFORMATION
MANAGEMENT:
Geoff Harrison
26-30 29th Street
Astoria, NY 11102
Tel / Fax 347-649-1684/ 270.596.1295
gshmanagement@gmail.com
Backyard Tire Fire Tax ID # 20-4040635
Tour Manager Contact Info:
Nick Curry ph: (815) 260-7773
email: nick@backvardtirefire.com