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Home My WebLink About11-0131 Giant Head • r 1 • i\- 0 \3\ ------) super artists inc. e AGREEMENT (ID #8512) made this date, 1/3/2011, by and botween GIANT HEAD PRODUCTIONS, INC. FIS/O BRAD Jai SHERWOOD (hereinafter referred to as artict) and BUTCH WILHELMI / THE HEMMENS CULTURAL CENTER (hereinafter HCC SA THIS AGREEMENT(ID#8542)is hereby made and entered into this 2/Jr day of-19441.4XY ,2011, by and between the City of Elgin, Illinois,a municipal corporation(hereinafter referred to as "Purchaser") and Giant Head Productions, Inc. f/s/o Brad Sherwood, a California corporation, (hereinafter referred to as "Artist"). In consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree that Purchaser engages Artist to perform the following engagement upon the terms and conditions hereinafter set forth, and pursuant to the terms and provisions of Attachments"A","B" and"C",attached hereto and made a part hereof. PLACE OF ENGAGEMENT: THE HEMMENS CULTURAL CENTER/ELGIN, IL PERIOD OF ENGAGEMENT: 10/14/2011 SHOW SCHEDULE: ONE(1)SHOW FRIDAY,8:00 PM BILLING: 100%CO-HEADLINER AN EVENING WITH COLIN MOCHRIE&BRAD SHERWOOD 55 , V) PRICE AGREED UPON: $12,000.00 Plus Rider Plus items provided for in Attachments hereto HCC SA PRICE TO BE PAID AS FOLLOWS: A DEPOSIT OF $1,200.00 IS TO BE PAID NO LATER THAN 8/14/2011 MADE PAYABLE AND MAILED TO SUPER ARTISTS, INC. (FEDERAL ID# 95-4838845). THE REMAINING BALANCE OF $10,800.00 IS DUE 5C /4 IMMEDIATELY FOLLOWING THE PERFORMANCE OF THE ENGAGEMENT MADE PAYABLE TO GIANT HEAD PRODUCTIONS, INC. HCC F/S/O BRAD SHERWOOD IN CASH OR CASHIER'S CHECK ONLY by CITY OF ELGIN check. TRAVEL AND ACCOMMODATIONS: AIRFARE IS INCLUSIVE OF THE GUARANTEE. PLUS ONE (1) SUITE(S) AT THE ELGIN HOLIDAY INN&SUITES FOR THE EVENING PRIOR TO(IF NEEDED) AND OF THE ENGAGEMENT AND LOCAL GROUND TRANSPORTATION TO/FROM AIRPORT (CHICAGO • — ORD)/HOTEL/VENUE. SPECIAL: CAPACITY - 1,247, TICKET PRICE - 47 @ $65.00, 317 @ $40.00, 574 @ $35.00&311 @$20.00 Should any rider be annexed to this Agreement, it shall also constitute a part of this Agreement. It is expressly agreed that Super Artists, Inc acts herein as agent for Artist and is not responsible for any act of commission or omission on the part of either Artist or Purchaser. It is also agreed that neither Purchaser nor Artist will name or join Super Artists, Inc as a party in any Civil Action or suit arising out of,in connection with or related to any acts of commission or omission pursuant to this agreement by either Purchaser or Artist. IN WITNESS WHEREOF the parties have executed this Agreement on the date first above written. GIANT H PR DUC IONS,INC.F/S/O Sean Stegall BRAD S WO D /THE HEMMENS(`I II TI IDAI CENTER /City of Elgin Artist - Purchas r ��J Y a 4(4-,' EVENT CONTACT: BUTCH WILHELMI 45 SYMPHONY WAY Please return all signed contracts to ELGIN, IL 60120 847-931-5905 WILHELMI B SUPER ARTISTS, INC via fax,310 395-1136 (a�CITYOFELGIN.ORG or email marypatterson@superartists.com TECHNICAL CONTACT: Attn:MARY PATTERSON BROOME PAT RADDATZ 847-931-5904 RADDATZ P@CITYOFELGIN.ORG EaFen 2910 main street second floor santa monica, ca 90405 ph. 310.395.1113 I fax 310.395.1136 • • Attachment A • SUPER ARTISTS, INC COLIN MOCHRIE & BRAD SHERWOOD RIDER 1. DRESSING ROOM Purchaser to provide one (1) comfortable and private green room. This room should be clean, dry, well-lit, heated or air-conditioned, should contain at least four chairs and shall be within easy access to clean, private lavatories which are supplied with soap, toilet tissue, and towels. PURCHASER shall be solely responsible for the security of items in the dressing rooms and shall keep all unauthorized persons from entering said area. CATERING / BEVERAGE / SNACK / MISC • Coffee(regular only) • Liquid coffee creamer • Sugar&Splenda packets • 4 coffee cups(styrofoam or regular) • Stirrers • Napkins • 4 diet cokes,cold • 8 bottles of water,cold • 1 six pack or Michelob Ultra bottles,cold • 1 bucket of ice for drinking (separate from chilling ice) • 6 plastic drinking cups • 1 bottle red wine with opener • 1 pack mint gum • 1 small bottle of Purell Hand Sanitizer • 1 box Kleenex • 1 plate of assorted cookies • A standard deli meat platter with and condiments(Mayonnaise, mustard, etc)except onions (please NO ONIONS)and bread(wheat, sourdough,or sandwich rolls, etc). Unless a meal buyout is applicable. • FOR MORNING ENGAGEMENTS: breakfast platter of fruit and pastries and coffee, instead. 2.ACCOMMODATIONS Purchaser agrees to provide and pay for two (2) hotel suites with KING BEDS, at a hotel with on-site dining (preferably room service)and/or within walking distance from a restaurant(s). Hotels not adjacent to a freeway are preferable. Hotel stay is for a minimum of two(2)nights, unless otherwise specified. **If applicable,a third hotel room (at the same hotel)for their road manager will be required. -()) / HCC SA • 3. LIGHT, SOUND AND STAGE EQUIPMENT A. SOUND REQUIREMENTS • Four(4)high quality wireless Shure or Sennheiser Belt packs and receivers**with TA4F connectors* • Adequate professional PA • One(1)SM 58 microphone with an Atlas stand(round base,straight stand)(for offstage announce) • Two(2)wireless handheld microphones with Atlas stands(round base, straight stand) • (1)Floor wedge stage monitors placed in the downstage wing (left or right). • One CD Player * No front fill speakers may be placed within the center 75% of the downstage lip. The entire audience must be able to clearly see the stage floor and the performer's feet for the mousetrap game. Any theaters using front fill speakers must mount or stack them beyond and below the front lip of the stage. 2910 Main St. Second Floor, Santa Monica, CA. 90405 / (310) 395-1113 P / (310) 395-1136 F WWW.SUPERARTISTS.COM • • SUPER ARTISTS, INC *Brad and Colin travel with Countryman brand ear sets - Isomax E-6* *(check compatibility at http://countryman.com and click on the link labeled"wireless") ** THE WIRELESS BELT PACKS AND RECEIVERS ARE CRITICAL TO THE SUCCESS OF THE SHOW. THE PERFORMERS CANNOT PERFORM WITH HANDHELD MICROPHONES. NO SUBSTITUTES WILL BE ACCEPTED. B. LIGHTING REQUIRMENTS • Complete set of full wash stage lighting (Please make sure there is adequate stage lighting) • Two(2)spotlights with a qualified spotlight operators • One special: Leko on first electric, center. Focused as god spot downstage center (3'-5' from stage lip). C. STAGE REQUIREMENTS • Any kind of carpeting on the stage will not be permitted • A mid stage black back drop curtain, not to exceed 30'from front lip of stage. • The stage must be clean, level, and free of any excess stored equipment and/or scenery. • Stage must have access to audience via stairs. Center stair units(No Railings)are preferred; • If this is not possible, please line up as closely as possible to aisles. The ARTISTS and audience members will use the stairs. Stairs must be safe, secure, and be true stair units. • Two(2)backless,wooden bar stools. A sound check will be scheduled when the show is advanced. ALL SOUND EQUIPMENT, INCLUDING THE WIRELESS MIC'S, SHOULD BE INSTALLED AND TESTED PRIOR TO THE SOUND CHECK. All mics, mic stands,stools and props should be on stage and ready to go at time of scheduled sound check. ASCAP/BMI licenses responsibility of venue. 4. CREW REQUIREMENTS Please supply the following for the running of the show: • Two(2)followspot operators • One(1)sound engineer • One(1)light board operator • Two(2)stage hands(when using Mousetraps,otherwise one(1)stage hand) • One(1)house light operator if houselights are not near board 5. PROPS 1) 100 3"x 5"white index cards 2) One(1)box of golf pencils(100 or more) 3) One(1)pad lined,white paper 4) Two(2)black sharpies 5) One (1) 8" (or more)diameter catering basket without a handle (square or round) 6) One(1)local yellow pages phone books 7) 100 VICTOR brand mousetraps (the version without the plastic yellow cheese).** THE SPECIFIC MOUSETRAP BRAND REQUIREMENT IS A PERFORMER SAFETY ISSUE. Unless the exact brand specified is provided, the performers will need to cut this section of the show. 8) One 8' skirted folding table (to pre-set the mousetraps on before the show). We will be asking the stage crew to set the traps before the house opens (they will be carried on the table, onstage during the performance).Traps should be evenly spaced on table and all facing the same direction. 9) 50' length of white nylon 1/2"or 3/4"gauge rope 10) Two (2) Plastic Safety fully enclosed goggles with elastic straps to be completely blacked out with black gaffer's tape (to be used as blindfolds). **The stage crew will need to set the traps on the folding table before the house opens (they will be carried on stage during the performance). As noted on "crew Requirements,"two (2) stage hands will be required when using the mouse traps. 6. BILLING 2910 Main St. Second Floor, Santa Monica, CA. 90405 / (310) 395-1113 P / (310) 395-1136 F WWW.SUPERARTISTS.COM • • SUPER ARTISTS, INC A. Artist shall receive 100% Co-Headlining billing in all advertising and publicity, including but not limited to air time, newspapers and trade ads, flyers, posters, billboards, marquees, ticket brokers and promotional websites, etc. B. Artist shall have the right of approval of all press and publicity in regards to this engagement. Venues must use approved promotional photos for all advertising. 7. FORCE MAJEURE A. Artist's obligation to furnish the entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, means of transportation, act of God, riots, strikes, labor difficulties, epidemics and any order of any public authority or any cause, similar or dissimilar, beyond Artist control. B. Provided Artist is on-site, ready,willing and able to perform, Purchaser agrees to compensate Artist in accordance with the terms hereof regardless of act of God, fire accident, riot, strike or any event or events of any kind of character whatsoever, whether similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder. 8. INCLEMENT OF WEATHER Notwithstanding anything contained herein, inclement weather shall be deemed a force majeure occurrence, and the Purchaser shall remain not liable for payment of the full contract price if the performance(s)called for herein are prevented by such weather conditions. However, Purchaser will be responsible for all non- refundable monies outlaid by the Artist for travel in regards to said engagement. Artist shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. 9. MEET&GREETS Purchaser shall not commit Artist to any, Meet&Greets, personal appearances, interviews or any other type of promotion without the prior written consent of Artist or Artist's management. There shall be no press parties or appearances before the show set up,without the express permission of the Artist. Any Meet & Greets that have prior approval shall last no longer that twenty (20) minutes and must have an authorized person from the theatre or purchasing company present to supervise and keep track of the time. When twenty (20) minutes is up, the authorized person shall politely announce that the Meet& Greet is over and escort Colin Mochrie and Brad Sherwood backstage. 10. PERCENTAGE/BONUS MONIES When dealing in percentage and bonus monies, the specific capacity, gross potential, and ticket price breakdown of the facility where Artist is to perform under this agreement must be clearly printed on the face of the contract that this agreement is attached to. 11.TAPING No part, portion or segment of Artist's performance is to be reproduced, either through audio or visual means, without the express written permission of the Artist. Large screens broadcasting a live feed of the show will be permitted to the side of the stage, not directly behind the stage. 12.OPENING ACT(S) ABSOLUTLEY NO OPENING ACTS WILL BE PERMITTED. Their show duration is 75-120 minutes. 13. RIGHT OF CANCELLATION ARTIST SHALL HAVE THE RIGHT, UPON THIRTY (30) DAYS NOTICE TO CANCEL THE ENGAGEMENT IN THE EVENT ARTIST HAS BEEN RETAINED TO APPEAR IN ANY MOTION PICTURE, TELEVISION 2910 Main St. Second Floor, Santa Monica, CA. 90405 / (310) 395-1113 P / (310) 395-1136 F WWW.SUPERARTISTS.COM . • • SUPER ARTISTS, INC MOTION PICTURE, TELEVISION SERIES OR A SPECIAL AND/OR ANY LAS VEGAS, RENO TAHOE OR ATLANTIC CITY TYPE ENGAGEMENT,AND/OR ANY NATIONAL TOURS. 14. COMPLIMENTARY TICKETS If requested, Artist shall receive up to twenty (20) complimentary tickets apiece. No complimentary tickets to 1i) be issued by the buyer without prior written permission from Artist management. �S / 1 . CORPORATE IDENTIFICATION/CORPORATE SPONSORSHIP HCC SA Corporate identification/corporate sponsorship may not be displayed in any manner on or adjacent to stage without prior written approval. SS/ HCC 0 Purchaser must start advertising of this engagement no less than thirty(30)days prior to play date. SS / HCC A 17. AIRLINE ARRANGEMENTS Artist will make his/her own airline arrangements and notify purchaser of arrival time for airline pickup. to-the sS/ 18. LOCAL GROUND TRANSPORTATION HCC A Purchaser will provide and pay for vehicle and City employee for Artist's use transport to and from the airport and between hotel and venue, unless otherwise specified 19. SECURITY Purchaser shall insure proper backstage security and escort for Artist from dressing room and show area. This rider together with the contract attached constitutes the entire agreement between the parties and shall not be amended, altered, canceled, or in any way changed except by an instrument of writing signed by the parties. The Purchaser is apprised and fully understands that all provisions of this agreement and compliance with all the Artist and that Artist shall have no obligation to perform and will not perform in the event all terms and conditions of this agreement are not adhered to. It is further understood that if Artist is ready to perform and does not do so because of Purchaser's breech,Artist shall be entitled to the full amount which would have been payable in the event of performance. SS, HCC sK 2910 Main St. Second Floor, Santa Monica, CA. 90405 / (310) 395-1113 P / (310) 395-1136 F WWW.SUPERARTISTS.COM • • SUPER ARTISTS, INC PURCHASER shall not have the right to assign this Agreement any provision thereof, but ARTIST shall have the right, from time to time, and at any time, to assign its rights and/or delegate its obligations hereunder, in whole or in any part to any person,firm or corporation. For: For: ten. ,P4fre" TIST/ �R/ODUUJC R Q PURL ASER ��'I l V r� Sean Stegall, City Manager Please pri signers name&Title t/ 3/ // Date Dat 2910 Main St. Second Floor, Santa Monica, CA. 90405 / (310) 395-1113 P / (310) 395-1136 F WWW.SUPERARTISTS.COM • Attachment B • COLIN MOCHRIE & BRAD SHERWOOD ADDITIONAL REQUIREMENTS The following reiterates and reinforces points that have already been made in the contract and contract riders and must not be overlooked. Checks are made payable to each artist individually.The following is the correct payment info: COLIN MOCHRIE: US Engagements- Mipster Bober Productions,Inc f/s/o Colin Mochrie do I.e.s financial management,inc 789 Don Mills Rd.Suite 606 Toronto,Ontario Canada M3645 Federal id#98-034-1413 M3c t5 Attn:Joy Patel BRAD SHERWOOD: Giant Head Productions,Inc f/s/o Brad Sherwood 3940 Laurel Cyn Blvd. #299 Studio City,CA 91604 Federal id#20-3553212 THE NATURE OF THE SHOW REQUIRES BRINGING PEOPLE ON STAGE AND THEREFORE THE FOLLOWING ARE REQUIREMENTS: 55 • Purchaser must provide required sound equipment as noted in rider HCC • • A soundcheck time must be arranged prior to Colin Mochrie and Brad Sherwood's arrival and must be conducted by a proper sound technician. • Purchaser to provide access to the stage from the audience(i.e steps). THE FOLLOWING POINTS REFER TO HOTEL ACCOMMODATIONS AND GROUND TRANSPORTATION(APPLICABLE ACCORDING TO SPECIFIC DEALS): 55 / ' • Ground transportation must be provided HCC S • If it is a university engagement ground transportation must be provided by a professional car service or by a faculty member only.A student is not an acceptable driver. • Purchaser must provide hotel accommodations(two(2)suites,king sized beds) • One suite must be reserved under"Colin Mochrie" • One suite must be reserved under"Brad Sherwood" BILLING • Artists shall receive 100%co-headlining star billing in all advertising and publicity,including but not limited to air time, newspapers and trade ads,flyers,posters,billboards,marquees,ticket brokers and promotional websites,etc. • Artists shall have the right of approval of all press and publicity in regards to this engagement. Venues must use approved promotional photos for all advertising. WHILE WE WILL ACCOMMODATE MOST PRESS/MEDIA REQUESTS THE FOLLOWING IS APPLICABLE TO ALL PRESS: • Artists will not do press past 2pm day of show,unless it can be done by phone. PLEASE SIGN BELOW TO CONFIRM THAT YOU HAVE AGREED TO THE AFOREMENTIONED REQUIREMENTS. f �l PURC SER DATE • • IIIo flmt EL( ' I1J ATTACHMENT C j • THE CITY IN THE SUBURBS' The Hemmens Cultural Center Date: Friday, October 14, 2011 AN EVENING WITH COLIN MOCHRIE & BRAD SHERWOOD 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/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 legally authorized to perform such work and/or services in !IlL,,. .E ... • 0 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. 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 with the exception of Skokie, Illinois. I. 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. J. Operator to provide and pay for two (2) nights (October 13 & 14, 2011) at the Elgin Holiday Inn & Suites. K. Merchandise: 80% of gross receipts to Artist/ 20% of gross receipts to Purchaser. L. 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: 4 QSi(,' tegall, City Mana r For: ,-fvo Cj -___.0 For: The City of Elgin Date: Z Z Z l /1 Date: l 3/// The Hemmers Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558 Phone: 847-697-3616 Ilenuneng Fax: 847-931-5940