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HomeMy WebLinkAbout22-0919 Double D BookingAGREEMENT FOR ENTERTAINMENT BOOKING AND STAGE MANAGEMENT SERVICES THIS AGREEMENT ("Agreement") is hereby made and entered into this 19 day of September , 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Double D Booking, an Illinois corporation, (hereinafter referred to as "Double D" or "Seller"). NOW, THEREFORE,, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. AGREEMENT AND SERVICES. Double D shall, at its sole cost and expense, provide, perform, and complete, in the manner specified and described, and upon the terms and conditions set forth in this Agreement all of the following, all of which is herein referred to as the "Services": A. BookinE, Services. Provide, perform, and complete all necessary work, labor, services, transportation, equipment, materials, supplies, information, data, and other means and items necessary for the booking ("Booking Services") of musical entertainment (`Bands') for the Nightmare on Chicago Street Festival, October 22, 2022 ("Event' as follows: Double D shall contract with three (3) Bands, to perfonn for the duration of 110 - 120 minutes, each starting at six thirty p.m., and again at nine p.m. on Saturday, October 22, 2022. Double D will secure all three Bands on or before September 19 , 2022. B. Quality. Provide, perform, and complete all of the foregoing in a proper and workmanlike manner, consistent with the highest standards of professional practices, in full compliance with, and as required by or in pursuant to this Agreement, and with the greatest economy, efficiency, and expedition consistent therewith. C. Approval of Bands. Double D shall submit for the City 's approval a list of suggested Bands by _ September 19 , 2022. If the City rejects one or more of the proposed Bands, Double D will submit alternate Bands for consideration. It shall be the City's sole discretion to choose which Bands perform at the Event. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A, attached hereto and made a part hereof. 3. LAW/VENUE. This agreement is 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 arising out of or in connection with this agreement shall be the Circuit Court of Kane County, Illinois. Double D hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County, Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this agreement or the subject matter hereof; and Double D agrees that service by first class U.S. mail to S. Randall Pavlatos, 6043 N. Milwaukee Avenue, Chicago, IL 60646 shall constitute effective service. Both parties hereto waive any rights to a jury. 4. NO MODIFICATION. There shall be no modification of this agreement, except in writing and executed with the same formalities as the original. 5. MERGER. This agreement embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this agreement shall supersede all previous communications, representations or agreements, either verbal, written or implied between the parties hereto. 6. INTEREST. Double D hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 50511, et seq.), as amended, or the Illinois Interest Act (815 ILCS 205/1, et seq.), as amended. The provisions of this paragraph shall survive any expiration, completion and/or termination of this agreement. 7. SEVERABILITY. The terms of this agreement shall be severable. In the event any of the terms or the 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. 8. COMPLIANCE WITH LAW. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, Double D 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, Double D hereby certifies, represents and warrants to the City that all of Double D's employees and/or agents who will be providing products and/or services with respect to this agreement shall be legally authorized to work in the United States. Double D shall also, at its expense, secure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. The City shall have the right to audit any records in the possession or control of Double D to determine Double D's compliance with the provisions of this section. In the event the City proceeds with such an audit, Double D shall make available to the City Double D's relevant records at no cost to the City. City shall pay any and all costs associated with any such audit. 9. EXECUTION. This agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement, any signed copy of this agreement transmitted by fax machine or e- mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e-mail copy of this agreement shall be re -executed by the parties in an original form. No party to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. 10. CONFLICT. In the event of any conflict between the terms and provisions of this purchase agreement and Attachment A hereto, the terms and provisions of this purchase agreement shall supersede and control. 2 11. PAYMENT. City shall pay in full payment for all Services and other matters set forth under this Agreement above, including overhead and profit; applicable taxes, contributions, and premiums; and compensation to all subcontractors and suppliers, the compensation set forth below: A. Pricing. For providing, performing, and completing all Services, a total lump sum not to exceed $12,000. B. Time of Payment. All payments shall be made in accordance with the following schedule: (1) Double D to Submit Invoices. Double D shall submit two invoices, each for 50% of the total contract price, to the City no later than September 19 , 2022. Each date of the event shall have a corresponding invoice itemizing the Booking Services provided on that date. The total sum of the combined invoice amounts shall not exceed the amounts set forth above. (2) City to Pay Double D. The City will make two payment of undisputed amounts on each of the two invoices by two separate checks, one tendered no later than 30 days after a signed contract is in place and the other tendered by October 22, 2022. C. Paviiient Subject to Performance. All payments may be subject to deduction or setoff by reason of any failure of Double D to perform under this Agreement. In the event that a Band fails to perform and Double D fails to provide an alternate Band deemed acceptable by the City, the Pricing and the invoice for the date on which the Band was scheduled to perform will be amended to subtract the fees for that Band. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. TRANSFER OF TITLE/RISK. Transfer of title, and risk of loss shall pass to the City upon delivery of the goods. All transportation and delivery shall be at Double D's sole expense. 14. INDEMNIFICATION. To the fullest extent permitted by law, Double D agrees to and shall indemnify defend, and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims, suits, judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Double D or Double D's officers, employees, agents or subcontractors in the performance of this agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, 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 City's choosing. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect, punitive or incidental damages for any reason whatsoever. Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute, and shall not be construed as, a waiver of any such rights. 17. LIMITATION OF ACTIONS. Double D shall not be entitled to, and hereby waives, any and all rights that 'it might have to file suit or bring any cause of action or claim for damages against the City of Elgin and/or its affiliates, officers, employees, agents, attorneys, boards and commissions of any nature whatsoever and in whatsoever forum after November 1, 2023. 18, NO WAIVER OF IMMUNITIES OR RIGHTS. This agreement is not intended and shall not be construed to alter, limit, or constitute a waiver of any of the civil immunities afforded the City and/or Double D and/or their officials, officers, employees and/or agents pursuant to the Local Governmental and Governmental Employees Tort Immunity Act at 745 ILCS 10/1- 101, et seq., as amended, the Emergency Telephone System Act at 50 ILCS 750/0.01 et seq., as amended, and/or as otherwise provided by law, it being agreed that all the civil immunities as set forth in such Acts, as amended, and/or as otherwise provided by law shall fully apply to any claims asserted or which might be asserted against the City and/or Double D and/or their respective officials, officers, employees and/or agents as a result of this agreement or any actions of the Parties pursuant to this agreement. 19. NO SPECIAL OR OTHER DUTY. No special duties or obligations are intended and shall not be deemed or construed to be created by this agreement. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that no third party beneficiaries are intended or shall be construed to be created by the provisions of this agreement and it is the intention of the parties hereto that no action may be commenced by any person or entity against the City and/or Double D and/or their respective officials, officers, employees, agents and/or other related persons or entities for monetary damages for any alleged breach or failure to provide services described in this agreement. The provisions of this section shall survive any expiration and/or termination of this agreement. 20. DOUBLE D'S REPRESENTATIONS AND WARRANTIES. Double D hereby represents and warrants as follows: A. Double D's Obligation to Bands. Double D warrants that its agreements with the Bands are between Double D and the Bands and that the City did not participate in any negotiations and is not party to any agreements between Double D and the Bands. Double D warrants that it will fulfill all its obligations, 9 including rendering payment, to the Bands under the terms of the agreements made between Double D and the Bands. B. Not Barred. Double D is not barred by law from contracting with the City or with any other unit of state or local government as a result of (i) a violation of either Section 33E-3 or Section 33E-4 of Article 33 of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; or (ii) a violation of the USA Patriot Act of 2001, 107 Public Law 56 (October 26, 2001) (the "Patriot Act") or other statutes, orders, rules, and regulations of the United States government and its various executive departments, agencies and offices related to the subject matter of the Patriot Act, including, but not limited to, Executive Order 13224 effective September 24, 2001. Vendor is not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and Vendor is not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. C. Qualified. Double D has the requisite experience, ability, organization, and staff to enable Double D to perform the Services successfully and promptly and to commence and complete the Services within the Pricing set forth above. 21. ACKNOWLEDGEMENTS. Double D acknowledges and agrees that: A. Reliance. City is relying on all warranties, representations, and statements made by Double D in this Agreement. B. Remedies. Each of the rights and remedies reserved to City in this Agreement shall be cumulative and additional to any other or further remedies provided in law or equity or in this Agreement. C. Severability. The provisions of this Agreement shall be interpreted when possible to sustain their legality and enforceability as a whole. In the event any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, in whole or in part, neither the validity of the remaining part of such provision, nor the validity of any other provisions of this Agreement shall be in any way affected thereby. D. Assignment. Neither this Agreement, nor any interest herein, shall be assigned or subcontracted, in whole or in part, by Double D except upon the prior written consent of the City. The person signing this Agreement certifies that s/he has been authorized by Double D to commit Double D contractually and has been authorized to execute this Agreement on its behalf. rnT WITNESS WHEREOF, the parties have hereto set their hands the day and year first above written. COMPANY NAME Double D Booking Joshua Niemiera Frmt Name Signature Representative of Double D Booking - 9/19/2022 Title FOOTER rol CIT IN Richard G. Kozal, City Manager Att . t: City Clerk ATTACHMENT A This Booking Agreement (the "Agreement") is made on August 9, 2022, by and between Hi Infidelity, 625 Woodwind Dr Plano, IL 60545 (hereinafter "Artist"), and Double D Booking, 399 Asbury Ave, Fox River Grove, IL, 60021, United States (hereinafter "Purchaser") (individually referred to as a "Party" or collectively referred to as the "Parties"). It is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the "Performance" listed herein. The Artist hereby agrees to provide the Purchaser with the "Performance" subject to all of the Terms and Conditions herein set forth. 1. Deal Terms and Payment Schedule The Purchaser hereby agrees to pay Artist Flat Guarantee of $ 4,500.00 for the Performance(s). Payment for the Performance(s) are to be paid by Check. Balance 10/07/2022 2. Events, Performances, and Appearances $ 4,500.00 Artists Hi Infidelity Date Saturday, October 22, 2022 Venue City of Elgin 150 Dexter Ct, Elgin, IL, 60120, United States Event Festival Hi Infidelity at Nightmare on Chicago Street Performance Concert (110 minutes) Ages All Ages Travel N/A Accommodation N/A Ground N/A I iospitality City of Elgin to provide Pop, Water, and if available beer and/or seltzer for the band. Backline N/A Sound & Lights City of Flgin to provide festival stage, sound, lighting, and technicians. Schedule 6:00 PM Doors Open 6:30 PM Load In Hi Infidelity 6:30 PM - 8:30 PM Performance Kashmir 9:00 PM - 10:50 PM Performance Hi Infidelity Special Provisions Double D Booking will issue artist payments and will make it available the day of the event. 3. Security The City of Elgin shall guarantee proper security at all times to ensure the safety of the Artist, auxiliary personnel, instruments and 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 the remote mixing console. Security protection to commence upon the arrival of the Artist on the premises. 4. Conditions of Performance a. Artist shall not perform in unsafe conditions. Specifically outdoor performance in rainy or other wet conditions which may result in electrical shock. Full contract balance shall become due immediately should weather cause a cancellation of the performance. b. Unless otherwise indicated, the City of Elgin shall provide Artist with an adequate stage, sound, and lighting as well as electrical requirements necessary to perform the live show. 5. Term and Termination a. Term. This agreement shall stay in effect through and including the final engagement date as noted above, b. Termination. 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 Agreement, shall retain any amounts paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. In addition, if, on or before Date of Performance, Purchaser has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit. of Purchaser fails or refuses to make such payment forthwith, Artist shall have the right to cancel this Agreement by notice to Purchaser, to that effect, and to retain any amounts theretofore paid to Artist by Purchaser and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. n. Force Majeure The Parties shall be excused from their obligations under this Agreement in the event of proven sickness, accident, riot, strike, epidemic, act of God, or any other force majeure event or occurrence beyond their respective control. 7. Indemnification Purchaser hereby indemnifies and holds Artist, as well as Artist's respective agents, representatives, principals, employees, officers, and directors harmless frorn and against any loss, damage or expense, including reasonable attorney's fees, ncurred 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 Performance, which claim does not result frorn the active and willful negligence of the Artist. 3. Governing Law This Av reement shall be governed by and subject to the laws of IL United States, without giving effect to any choice or conflict of law provision. 9. Entire Agreement This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance. THE PERSON(S) EXECUTING THIS AGREEMENT ON BEHALF OF EACH PARTY WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT IN FULL, ACCEPTED AND AGREED TO: Double D Booking Josh Niemiera Double D Booking 399 Asbury Ave, Fox River Grove, IL 60021, United States Hi Infidelity Jim Warren Hi Infidelity 625 Woodwind Dr, Plano, IL, 60545, United States o -a CO 0 co C2-o CD =--o CD CD Co �� CD CL CD � N � n CD N x 0 n) o -0 CD o CD o. CD CD CD a. =-0 CD 0 c� �o CD CD CL CD rf CD 0 o * * * O D CD c t rr I I S lu m -0 CD A 0' — 3 _S rr m _ c, � cn r+ = O rD 79 0 0 fD G = n ? S cn �. C Q �• 5• fD r* fD -n t'D _ w ? m w ' o n (D '� p !Z �D 3 c� -• fD w to �_ = rn 07 �• 3 = fD 3 N c C C A �' Iy M rD !y O. _3 A O O m w< -h — m' r+ � O O �• A r O C t'D (A 7 3• O a H rF O fD !y Q. N = f' W o;* m v I-, 1-, 1-1 W W V M cr C C O rr .=r O 'C �^ LA O vi cn O v O C r r � N x= x x(A UQ D�o c v 0 .r m n a�'a r � 0 -- H w m m fD � v D_Mqq m H � vi ;p e-F Ul V14 ^ O p v kn (A`i Q 9 O g Ln 00 t0 V y C c Tom' m H v M !y w W N F, 2 7C m m r+ a=) p n � fD aj N �• ob D � �• l< h 0 Fhis Booking Agreement (the "Agreement") is made on August 9, 2022, by and between Kashmir, 2942 45th St, Highland, IN 46322 (hereinafter "Artist"), and Double D Booking, 399 Asbury Ave, Fox River Grove, IL 60021, United States (hereinafter "Purchaser") (individually referred to as a "Party" or collectively referred to as the "Parties"). It is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the "Performance" listed herein. The Artist hereby agrees to provide the Purchaser with the "Performance" subject to all of the Terms and Conditions herein set forth. 1. Deal Terms and Payment Schedule The Purchaser hereby agrees to pay Artist Flat Guarantee of $ 3,000.00 for the Performance(s). Payment for the Performance(s) are to be paid by Check. Balance 10/07/2022 2. Events, Performances, and Appearances $ 3,000,00 Artists Kashmir Date Saturday, October 22, 2022 Venue City of Elgin 150 Dexter Ct, Elgin, IL, 60120, United States Event Festival Kashmir at Nightmare on Chicago Street Performance Concert (120 minutes) Ages All Ages Travel N/A Accommodation N/A Ground N/A Hospitality City of Elgin to provide Pop, Water, and if available beer and/or seltzer for the band. Backline N/A Sound & Lights City of Elgin to provide festival stage, sound, lighting, and technicians. Schedule 4:30 PM Load In Kashmir 6:00 PM Doors Open 6:30 PM - 8:30 PM Performance Kashmir 9:00 PM - 10:50 PM Performance Hi Infidelity Special Provisions - Double D Booking will issue artist payments and make them available on the event date. 3. Security The City of Elgin shall guarantee proper security at all times to ensure the safety of the Artist, auxiliary personnel, instruments and 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 the remote mixing console, Security protection to commence upon the arrival of the Artist on the premises. 4. Conditions of Performance a. Artist shall not perform in unsafe conditions. Specifir_aIly outdoor performance in rainy or other wet conditions which may result in electrical shock. Full contract balance shall become due immediately should weather cause a cancellation of the performance, b. Unless otherwise indicated, the City of Elgin shall provide Artist with an adequate stage, sound, and lighting as well as electrical requirements necessary to perform the live show. 5. Term and Termination a. Term. This agreement shall stay in effect through and including the final engagement date as noted above. b. Termination. 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 Agreement, shall retain any arnounts paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. In addition, if, on or before Date of Performance, Purchaser has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of Purchaser fails or refuses to make such payment forthwith, Artist shall have the right to cancel this Agreement by notice to Purchaser to that effect, and to retain any amounts theretofore paid to Artist by Purchaser and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. 6. Force Majeure The Parties shall be excused from their obligations underthis Agreement in the event of proven sickness, accident, riot, strike, epidemic, act of God, or any other force majeure event or occurrence beyond their respective control. 7. Indemnification Purchaser hereby indemnifies and holds Artist, as well as Artist's 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 Performance, which claim does not result from the active and willful negligence of the Artist. 8. Governing Law This Agreement shall be governed by and subject to the laws of IL United States, without giving effect to any choice or conflict of law provision. Entire Agreement This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance. THE PERSON(S) EXECUTING THIS AGREEMENT ON BEHALF OF EACH PARTY WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HLREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT IN FULL. ACCEPTED AND AGREED TO: Double D Bool<ing josh Niemicra Douhle D Booking 399 Asbury Ave, Fox River Grove, IL 60021, United States Kashmir Frank Livingston Kashmir 2942 45th St, Highland, IN, 46322, United States KASHMIR STAGE PLOT Tracks in; Stairway Kashmir Babe fin Gon►ra heave in The Light Caililornia Evermore No Quarter Since lve been Loring You Levee fracL%.Sic Theremin 13 /A Rack �-_ E- I I - —' lx, Ipa n t K1CK 1� i_leciric Grr.. F to or Fum # 21 ----�--�'. t u�tir l3'- r Cti , _ ndullin 0 r fiTK VOX 'Elie following line chart in Any order; 1„ Lead Vocal (Stage R) 2. GtrPlayer Vocal (Stage L) 3. Electric fair. ("Z•oso" Cabinet) 4. Acoustic DI 5., Mandolin bl b. Theretnin f ".Tracks fviic 7. 13ass O .hick (No Hole in Front Read) y. Snare / Hat 104 Rack 'Tom It. floor Tom #1 IL Floor Toni tt2 1.3. Gong 141. 1�7npani *Don't ever MUTE any channels. They mayr appear dl ANY dine. *don't cite Vocals, *Keep Acoustic Gtr. at Optirnu.m level in Front of House (We switch track &: forth from Electric to Acoustic.) *We are Oil School, We 11on't Use "in Ears", ,All we need in the monitors are Vocals, Acoustic Gtra & Mandolin. We use monitors for pitch reference Not Fidelity. We Don't want the monitors to interfere with the Front of House. •please give us a "Zeppelin 70's nrirr". We art a Live'Baud. Not a Studio hand with the vocals ";Separate" like a "Lounge Karanke" hand.. Fhis Booking Agreement (the "Agreement") is made on August 29, 2022, by and between Chicago Loud 9, 2735 W Armitage Ave Unit 305, Chicago, IL 60647 (hereinafter "Artist"), and Double D Booking, 399 Asbury Lane, Fox River Grove, IL 60021, United States (hereinafter "Purchaser") (individually referred to as a "Party" or collectively referred to as the "Parties"). It is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the "Performance" listed herein. The Artist hereby agrees to provide the Purchaser with the "Performance" subject to all of the Terms and Conditions herein set forth. 1. Deal Terms and Payment Schedule The Purchaser hereby agrees to pay Artist Flat Guarantee of $ 3,000.00 for the Performance(s). Payment for the Performance(s) are to be paid by Check. Balance due on site 2. Events, Performances, and Appearances $ 3,000.00 Artists Chicago Loud 9 [late Saturday, October 22, 2022 Venue City of Elgin 150 Dexter Ct, Elgin, IL, 60120, United States Event Festival Chicago Loud 9 at Nightmare on Chicago Street Performance Concert (120 minutes) Ages All Ages Travel N/A Accommodation N/A Ground N/A Hospitality City of Elgin to provide Pop, Water, and if available beer and/or seltzer for the band. Backline N/A Sound & Lights City of Elgin to provide festival stage, sound, lighting, and technicians. Schedule 5:00 PM Load In Chicago Loud 9 6:00 PM Doors Open 6:30 PM - 8:30 PM Performance Chicago Loud 9 9:00 PM - 10:50 PM Performance Too Hype Crew Special Provisions - Double D Booking will issue artist payments and make them available on the event date 3. Security The City of Elgin shall guarantee proper security at all times to ensure the safety of the Artist, auxiliary personnel, instruments and all equipment, costumes and personal property during and after the performance. Particular security must he provided in the areas of the stage, dressing rooms and all exits and entrances to the auditorium and the remote mixing console. Security protection to commence upon the arrival of the Artist on the premises. 4. Conditions of Performance a. Artist shall not perform in unsafe conditions. Specifically outdoor performance in rainy or other wet conditions which may result in electrical shock. Full contract balance shall become due immediately should weather cause a cancellation of the performance, b. Unless otherwise indicated, the City of Elgin shall provide Artist with an adequate stage, sound, and lighting as well as electrical requirements necessary to perform the live show. 5. Term and Termination a. Term. This agreement shall stay in effect through and including the final engagement date as noted above. b. Termination. 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 Agreement, shall retain any amounts paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. In addition, if, on or before Date of Performance, Purchaser has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if the financial standing or credit of Purchaser fails or refuses to make such payment forthwith, Artist shall have the right to cancel this Agreement by notice to Purchaser to that effect, and to retain any amounts theretofore paid to Artist by Purchaser and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement. 6. Force Majeure The Parties shall be excused from their obligations under this Agreement in the event of proven sickness, accident, riot, strike, epidemic, act of God, or any other force majeure event or occurrence beyond their respective control. 7. Indemnification Purchaser hereby indemnifies and holds Artist, as well as Artist's respective agents, representatives, principals, employees, officers, and directors harmless from and against any loss, damage or expense, including reasonable attorney's 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 Performance, which claim does not result from the active and willful negligence of the Artist. 8. Governing Law This Agreement shall be governed by and subject to the laws of IL United States, without giving effect to any choice or conflict of law provision. 9. Entire Agreement This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance. THE PERSON(S) EXECUTING THIS AGREEMENT ON BEHALF OF EACH PARTY WARRANTS HIS/HER AUTHORITY 10 DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT IN FULL. ACCEPTED AND AGREED TO; Double D Booking josh Niemiera Double D Booking 399 Asbury Lane, Fox River Grove, IL, 60021 United States Chicago Loud 9 Kyle Voivodas Chicago Loud 9 2735 W Armitage Ave Unit 305, Chicago, IL, 60647, United States Chicago Loud 9 Here's an input list: 1-4: Drumkit 5: DI for electric drum pad 6: drummer talk back mic vocal 7: bass amp 8: bassist vocal mic 9: guitar amp 10: DI for keyboard 11: keyboardist vocal mic 12: Saxophone (brings own clip -on mic) 13: Trombone (brings own clip -on mic) 14: Male MC vocal (can you provide a wireless?) 15: Female Lead Singer vocal (can you provide a wireless?)