HomeMy WebLinkAbout11-1117 Barlowgirl it- Mi-
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EIGIN 1_4 ",
THE CITY IN THE SUBURBS"
This agreement is hereby made and entered into this 17th day of November, 2011 between the CITY OF ELGIN,an Illinois municipal
corporation (hereinafter referred to as "PURCHASER") employing the services of BARLOWGIRL, Inc., a Tennessee 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
(Barlow Girl& Guests,Hope for the Holidays)hereinafter described,upon all the terms and conditions herein set forth.
1. PLACE OF ENGAGEMENT: Hemmens Cultural Center
45 Symphony Way
Elgin, IL 60120-5558
(1)ONE SHOW
Scaling: 47 @ $50.00
317 @ $25.00
574 @ $15.00
311 @ $10.00
Artist Comp's 20 @$25.00
Venue Comp's Unrestricted
•
2. DATE(S)OF ENGAGEMENT:, Friday,December 16,2011 Set-up and Rehearsal, 12:00pm.. 10:00pm
Saturday,December 17,2011 (rehearsal if required&performance)
a. Number of shows: One(1)
b. Time of Show: 7:00 pm
c. Length of each show: 120 minutes(estimated)
3. BILLING:(In all forms of advertising)
Artist shall receive 100%Headline Billing
4. FULL PRICE AGREED UPON:
a. Box Office Receipts after deduction of Hemmens' expenses including, but not limited to, cost of labor, marketing,
credit card fees,and expendables;
b. Venue sound and lights.
Merchandise/Concessions Rate: 90%of GROSS receipts to PRODUCER,
10%of GROSS receipts to PURCHASER
5. All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check as follows:
a. The amount shall be paid to and in the name of the PRODUCER not later than January 20,2012.
6. PRODUCER shall be responsible for providing to PURCHASER all the vocalists, band and orchestral charts required for the
successful presentation of Barlow GirL
7. PURCHASER shall provide a venue(The Hemmens Cultural Center)and in-house technical support suitable for the presentation.
8. 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/concessions (excluding beverages) 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. PURCHASER shall receive 10% of GROSS
receipts on ALL Merchandise/Concession sales.
9. This agreement and the attachments hereto are the only agreements 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.
10. 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.
11. 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.
12. To the fullest extent permitted by law, 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 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.
13. 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 City
that all PRODUCER'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 possession or control of the PRODUCER to determine PRODUCER'S compliance with the provisions of this
section. In the event the City proceeds with such an audit the PRODUCER shall make available to the City the Artist's relevant
records at no cost to the City. The cost of any such audit shall be at the sole expense of PRODUCER.
14. 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.
15. Notwithstanding anything to the contrary provided herein, PURCHASER shall not be liable to PRODUCER for attorneys'fees or
any incidental,indirect or special damages of any kind.
IN WITNESS WHEREOF,the parties hereto have hereunto set their names and seals on the day and year first above written.
by. by: 7",
Barlow Girl Cl OF ELGIN sr
Vince Barlow,President Sean Stegall,City Manager
4l W650 McDonald Rd
Elgin,IL 60124 EVENT CONTACT: Butch Wilhelmi
45 Symphony Way
Elgin,II 60120
847-931-5905 wilhelmi b(r�cityofelgin.org
TECHNICAL CONTACT: Patrick Raddatz
45 Symphony Way
Elgin,IL 60120
847-931-5904 raddatz_pn,cityofelgin.org