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HomeMy WebLinkAbout10-0705 Nylons ,a1—� . _. •, c _ o- o�aS tl 1av‘s 55 RURGHASER-SHAL-L-JOT Contract#10121701 NYL COE/ESI ADVE„.�o- TIIc= SEL-L-TICKETS--QR 0 t REVISED BY THE CITY OF ELGIN NGL1R ANY€X�€NSES--FQR TTi1S ENGAGEMENT i iniri, o.-,_,L ANeniv D p REQ IIRED HEREI i HAS QEEN NTR-ACT-HAS BEEn� -S-GNED B� BY BOT-rRnTH RURC#ASE R-AND-ART-ITT-- entertainment services international, inc.5 7 e /THIS CONTRACT for the personal services of musicians on the engagement described below is made this 7 day of 2010, by COE/'ESI and between Black Ice Productions f/s/o The Nylons (herein referred to as ARTIST) and City of Elgin, Illinois, a lino' municipal corporation(herein referred to as PURCHASER). 57 111° 1. Special terms: COE i ESI a) Wherever the term "adequate" is used within this contract, it shall be interpreted to mqan accep determined by the sole judgment of the ARTIST. b) Wherever the term "Force Majeure event" is used within this contract, it shall include a venue accident, a venue interruption, or failure as related to the venue, inclement weather, act(s) of God, riots, strikes, labor difficulties, epidemics, earthquakes, any act or order of any public authority, and/or any other cause or event including, but not limited to,acts of terrorism,similar or dissimilar, beyond the control of the ARTIST. 2. Event Name:The Nylon's Christmas Concert Advance: Butch Wilhelmi(847)931-5905 3. Dates of Engagement: December 17(Friday),2010 Email:wilhelmi_b@cityofelgin.org 4. Venue of Engagement: The Hemmens Cultural Center Technical: Pat Raddatz(847)931-5904 Physical Address: 45 Symphony Way Email: raddatz_p@cityofelgin.org Elgin, IL 60120 5. Performance Length: one show,comprised of two approximately forty-five(45)minute sets. 7$, V 6 Performance Time: Approximately 8:00PM Doors open at: 7:30 PM/YI . Full Price Agreed Upon: S8,000.00(eight thousand dollars)guarantee plus additional bonuses of$1,000.00(one thousand dollars) COE//SI at 500 tickets sold and SI,000.00(one thousand dollars)at 1,000 tickets sold. All payments shall be made by PURCHASER as follows(there shall be no deductions from payments unless required by law): a) $4,000.00 shall be paid to and in the name of E.S.I. Client Trust by company City of Elgin, Illinois check, cashier-'s check, money order, or bank transfer due immediately upon receipt of the signed contract, which shall not be unreasonably delayed. b) $4,000.00 shall be paid to ARTIST, upon demand of ARTIST, prior to performance on day of show in the form of a City of Elgin, Illinois check made payable to Black Ice Productions. c) Bonuses,if any,shall be paid to ARTIST upon demand of ARTIST immediately after the performance on the day of show or within thirty (30) days of reaching bonus target,whichever is later, in the form of sash-or City of Elgin, Illinois check made payable to Black Ice Productions. /M. PURCHASER must disclose any taxes (state, local or otherwise), bonds or any other such levies that are applicable to this COE/ESl nt prior to signing herewith. The terms of this agreement were negotiated based upon the understanding that there are to be no deductions from the full price agreed upon. Therefore failure to disclose will result-in consideration being paid to ARTIST by PURCHASER in an amount equal to that which was deducted,or ARTIST will-net-perform and PURCHASER shall be liable to ARTIST for the full price herein. 55 / it 8. PURCHASER to provide and PURCHASER to pay for reasonably adequate Sound System and Stage Lighting. COE/ESI 9. Special Provisions: 55 / :1p a) PURCHASER to provide, as is reasonably adequate for ARTIST'S use and at PURCHASER'S sole expense:ARTIST'S COE/ rider requirements as attached hereto; and six(6)single hotel rooms for one(1)night. b) ARTIST agrees to a 30 person"Meet&Greet"session at a mutually agreed upon time and place. I CJ eh ercent of ARTIST'S GROSS merchandise sales to PURCHASER,ARTIST sells. . d) ARTIST agrees to not perform another publically advertised and open to the general public engagement within sixty(60) Pik miles of the Venue during a period of sixty(60)days prior to the Engagement, as contained herein; and ARTIST agrees to not allow advertising of another public engagement occurring within sixty (60) days after the Engagement and within sixty (60) miles of the Venue until December 18, 2010. Miles shall be construed as drivable miles as determined by MapQuest. / 10. Venue capacity:1-299 1.249 COE/ SI 11 Scale of Admission:47 seats @ $40.00; 317 seats @ S30.00; 574-seats @$30; 311 seats @ S20.00 12. Gross Potential: N/A Tax: N/A Net Potential: N/A - 13. Billing: 100%headlining,top line on all advertising,and close the show 14. Other Acts on show:TBA 15. If ARTIST is headlining this engagement, all support talent is subject to ARTIST'S approval. 16. Should a Force Majeure event render performance impossible or not feasible, ARTIST shall nevertheless be paid full compensation as provided herein and artist shall have no further obligation; provided that ARTIST is at the engagement, in a time frame relating to the engagement,and is ready and willing to perform. 17. The occurrence of a Force Majeure event shall not relieve PURCHASER of its obligations hereunder. , ink 8. Should inclement weather render the performance unsafe,at the sole judgment of ARTIST,ARTIST resewes the right to-refuse to COE/ESI perform and ARTIST shall be compensated in full as contained he 1 C-25/ 1�11119 If prior t t is_� ongag_,,,ent i+ is d s .,ore, ++^+ 01 lRCHASER has either rxl net#ally pee ored its obGga ,, .o nder _ !!ec pr-ie COE/EFSI�agreement with any party and/or that-the financial credit of PURCHASER has been impaired-ARTIST reserves the right to require one hundred(100%)-percent-e d-to ARTIST prior toA gagement-herein. C$? i 0. In the event that PURCHASER-does not p s herein, ARTIST shelf-have-the-option to perform or COE/ESI refuse to perform hereunder, and in either event, PURCHASER shall be liable to ARTIST for damages in addition to the-full-compensation provided-hereinin Frhermore ARTIST'S agent shall _leas_ t_ ARTIST i deposit m_ , ,sly paid by PURCHASER. S5 /r,11! 21. If ARTIST is called upon to perform in a recording studio, or in connection with a television program or on a national tour, COE/ESI -URCHASER agrees that ARTIST may cancel engagement by giving PURCHASER written notice of such cancellation postmarked not later than thirty-(30) sixty (60) days prior to the commencement date of the engagement herein. In the event of such cancellation by ARTIST, PURCHASER shall have no further obligation or liability to ARTIST of any kind. 22. The agreement of the musicians to perform is subject to proven detention by sickness, illness, physical incapacity, transportation delays, or other similar condition; in the event of such an occurrence any deposit paid by PURCHASER shall be immediately returned to PURCHASER and ARTIST shall bear no liability or further obligation. 55/id? 23 rea h tv th reof, shallv,l-be se_tl. ++1 arbitratin. COE/ I 'inneapehs'Mann motion nd-ludgment-upon-the-award rendered by the Arbitrator(s)may be entered in the Courts of Hennepin County-in-Minnesota--Subject-to the Rules of the-American-Arbitration Association, purchaser agrees to pay ARTIST'S and Entertainment Services International, Inc.'s reasonable-attorneys-fees and costs with- any proceeding-initier this agreement. 55 24 PURCHASER hereby authorizes Entertainment Services International, Inc., to release directly to ARTIST or any travel agency as COE/E I ARTIST agree that E-nte•'^ .enMery ave-mo-responsibility whatsoever for said monies once released by Ente+^i^mo^+Se I^+om^tional, Inc. 55/9r25. If there is any deposit due from the PURCHASER and it is not received by the-due-date-as-contained herein era timel„manner if 1 " ode-datate-iis-listed-then nRT,„�TIST atdssole discretion, reserves-the right to require an adjustment in the compensation from the COE/ESI PURCHASER to cover additional expenses incurred by the ARTIST arising from verifiable price increases in the cost of ARTIST'S air transport 26. In the event ARTIST is re booked into any establishment or event r CUE/ESI s International shall be paid a commission at the same rate as / SI 27. No promises, claims or guarantees have been made other than as contained herein. Entertainment Services International, Inc. is COE/ not a party to this agreement and ARTIST and PURCHASER both agree to i ss ar ' efoc i me* ^^ent Se es 28. It is acknowledged and agreed that Entertainment Services International, Inc., is acting herein and hereunder as agent for ARTIST and Entertainment Services International, Inc., is not and will not be held responsible for any act of commission or omission on the part of either ARTIST or PURCHASER in implementation of the foregoing acknowledgement and agreement, and for the benefit of Entertainment Services International, Inc. It is agreed that neither PURCHASER nor ARTIST will name or join Entertainment Services International, Inc., as a party in any civil action,suit or other court proceeding arising out of, in connection with or related to any acts of commission or omission by either PURCHASER or ARTIST. 29. The terms and provisions of this engagement contract, along with ARTIST'S rider, shall be considered to be part of one and the same contract. This agreement and the City of Elgin Addendum to Agreement(Attachment A),and ARTIST'S rider attached hereto constitutes the COE/ I tire understanding between the parties. If any provision of this agreement is found to be invalid or unenforceable, the other provisions of this agreement shall remain in full force and effect. 55/ 31. ract is deemed to be a verification of an oral agreement COE/ SI • 32. The person signing this agreement states that he/she is of at least eighteen(18)years of age,of legal and mental capacity to enter into this agreement with ARTIST, and has the authority to bind the contracting entity"PURCHASER"to this agreement. PURCHASER: City of Elgin, Illinois ARTIST: Black Ice Productions f/s/o The Nylons Butch-Wilhelmi Sean Stegall,City A.lanager Paul Ryan . 0_ d SIG TURF OF PURCHA DA IGNATURE OF ST MS-ID The Hemmens Cultural Center ARTIST TAX I.D.#98-0533986 Attn:Butch Wilhelmi c/o Entertainment Services International, Inc. 45 Symphony Way 6400 Pleasant Park Drive Elgin,IL 60120 Chanhassen,MN 55317 PHONE:(847)697-3616 PHONE: (952)470-9000• FAX: (952)474-4449 2 (6 • ATTACHMENT A The Hemmens Cultural Center Date: December 17, 2010 Show: The NYLONS CITY of ELGIN ADDENDUM 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 To Agreement (the "City Addendum"). If there are any conflicts between this City Addendum and the terms or conditions of the underlying Agreement, legal/technical Rider(s), or any other document constituting a part of this Agreement, the parties agree that the provisions of this City Addendum shall supersede any conflicting provisions, and shall control, prevail and be given full force and effect in construing the agreement between the parties. 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 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'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 legally authorized to perform such work and/or services in the United States. The City shall have the right to audit any records in the The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemmens.ore Fax: 847-931-5940 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. Artist shall pay the cost associated with any such audit to 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. 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. I. 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. AGREED: By: By: S n Stegall, City ager For: The City of Elgin For: The Nylons Date: C� ��/ Date: 5 20 a The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Hemmens.or2 Fax: 847-931-5940 1 NYLONS VENUE & CATERING RIDER Dee 2006 June 2010 5 i9This Venue and Catering Rider is "intended to constitute a part of, and to be incorporated into, an COE/ agreement between the City of Elgin, Illinois (hereinafter referred to as "Promoter"), and Black Ice Productions f/s/o The Nylons, dated June ? 2010. All the requirements specified in this Rider are needed to ensure a successful concert. Any changes to this rider should be discussed with the Tour Manager. Presenter agrees to provide all the following Rider requirements at no charge to the Artist: '95tic. Artist Tickets COE/EEShe promoter ehatl should set aside ten (5) pairs of tickets (ten — 10) for use to The Nylons. These seats should be located in between the tenth and fifteenth row in the centre center area. Unused tickets will be released on the day of performance by The Nylons' Tour Manager. 2. Dressing Rooms One large dressing room to accommodate four comfortably or two smaller dressing rooms to accommodate two in each. Dressing rooms should be equipped with mirrors, running water, toilet and showers. Rooms must be supplied with soap, Kleenex, and clothes hangers. 3 /0 -3. Towels COE/ES! We-Reed Promoter shall supply at least 4 bath towels and 4 hand towels available in the dressing room area. 55 /1( 4. A Competent Wardrobe Person COE/ SI Reed at saute check. Plgacc Promoter shall provide a wardrobe person beginning at sound check who shall report to the Tour Manager upon arrival. Wardrobe person should be supplied with one ironing board, one clean steam iron, one steamer — and an extension cord if necessary. The wardrobe person will be involved in the preparation of The Nylons stage costumes (pressing, steaming, touching up shoes and maybe minor repairs. If union hall, minimum call required only). 5. Merchandise One table (approx. 3' x 6') in lobby for CD sales and one volunteer to assist with sales, plus one table and four chairs for The Nylons to sign autographs after the concert. 6. AT LOAD-IN for(2) Nylons production staff plus local crew members. -.Coffee, with cream and milk, sugar and artificial sweetener - Fresh muffins and donuts OR fruit/deli tray 7. FOOD THE FOLLOWING FOOD SHOULD SERVICE FOR seven (7) PEOPLE. - FOOD AND BEVERAGE TO BE PLACED IN OR NEAR THE DRESSING ROOM AT SOUND CHECK UNTIL ONE HOUR AFTER SHOW. - 7 hot meals (soup or salad/ main meat dish/dessert) 8. BEVERAGES - Hot coffee—with cream/milk/sugar/sweeteners -6 cans of regular Coke -4 cans Red Bull - Fruit juices— 1 bottle of Orange and 1 bottle of Apple - 12 bottles of beer— no light beer - 1 bottle of quality white Chardonnay wine and 1 bottle of quality red cabernet (no more than $20 a bottle) -2 gallons of non-sparkling spring water in medium size bottles If there are any problems with meeting this rider, please contact Paul Ryan 604-6760842 Limelight@novuscom.net NYLONS TECH RIDER Dec 2006 June 2010 AUDIO: Due to the dynamic nature of this show, the Sound System must be totally free of hums or buzzes! Adequate high quality power & speaker system to cover the room 5 - matching high quality UHF Diversity Wireless Microphone Systems c/w Dynamic capsules (Prefer Shure U4-D/58 system) 4 round base mic stands FOH 16 channel (at least) high quality console 1 delay 3 spx 990 1 Lexicon PCM 70,80,81,90,or 91 4 compressors 1 single play Mini disc player 1 cd player Monitors 1 monitor board and operator Mix 1 2 wedges down stage Mix 2 2 side fill [3 way] down stage Mix 3 2 side fill [3 way] up stage CONTACT: Warren Dieno , Audio Technician 403-669-1817 dienodog@telus.net • LIGHTING: Dec 2006 June 2010 ALL STAGE WASHES SHOULD BE MINIMUM 8 FIXTURES ONSTAGE SIDELIGHTS SHOULD BE MINIMUM 6 FIXTURES/COLOUR CONSOLE 1 - lighting console with 48 channel faders and 24 submasters (minimum) FOH //1Hemmens staff will make every reasonable effort ti 3 color wash (R37, R57, R22) COE/ESI maintain the spirit of the artist's lightplot using thi 2 specials (R26) venues lighting system and available inventory (se( attached Technical Information Rider & lightplot) ONSTAGE The Hemmens uses Roscolux Color Filters and wil 4 color backlight wash (R68, R83, R26, R22) make the suitable substitutions as needed. 2 color tips (pipe ends, sidelight) (R95, R49) 13 specials (5 NC, 1 R26) 3 color CYC (R27, R90, R83) with black scrim (if available) STAGE FLOOR (all on floor bases) 12 MFL PARS (4 each in R68, R49, R22) 2 36° fixtures with gobo holders (R90) 4 50° fixtures with gobo holders (R89) OTHER 2 Followspots (R37, R57, R22) with operators 1 Hazer with fan or 1 non-Rosco fog machine (w/programmable remote or control at FOH) with fan Main drape is used Sufficient COM is needed for LD to communicate with followspot operators and backstage STAGING: 2 - 4'x8'x8" risers 2 - 4'x8'x16" risers ALL risers must be black and skirted in black 2 - 2'x2' (approx.) black tables (or skirted in black) CONTACT: Warren Dieno, Audio Technician 403-669-1817 dienodog@telus.net AGREED: o By: . A4 By: S n Stegall, City ager For: The City of Elgin For: The Nylons Date: /7/0 Date: drdalt. S 0