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HomeMy WebLinkAbout23-0425 Bill Cook Magic Show-PERFORMANCE AGREEMENT This Agreement is made and entered into this _q25';r4 day of 1 202 by and between the City of Agin Illinois. an Illinois municipal corporatib' n (hereinafter referred to as the "City"), and Si !j �� ( hereinafter referred to as the "Artist" ), For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: I. That Artist Nvill give a performance as follows: Name and Address of Place of Engagement: Date(s) of Engagement: JZ - I t, A►,;2 3 Type of Engagement: U R Starting and finishing time of engagement: 10a,IR . 40 o-p,--o, vn Number of Performers: 1 2. That the City in consideration of the artistic senices of the Artist agrees to pay a total fee of $ COO Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Artist within 34 days after the completion of the performance. The parties hereto understand and agree that N/A acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its otilicers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4. That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 12 That the content, nature and medium of the program shall be entirely within discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6. That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a Specific wTitten agreement with the Artist or the Artist's representative. 7. That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. That the City reserves the right and privilege of canceling this agreement by giving thirty (30) days prior ,%NTitten notice to the Artist. In the event the City cancels this performance within thirty (30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7) days of the scheduled date thereof, the Artist will be paid its full performance fee. The City of Elgin must remain in compliance with all State of Illinois and CDC Covid-19 guidelines. In the event of a cancelation due to updated Covid-19 restrictions, the City of Elgin reserves the right and privilege to cancel this performance without notice. 9 That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist's touring obligations. In such an event of a rain -out, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. 10 That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements. 1 1. That the Artist shall pay all applicable union fees. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 12. Indemnification. To the fullest extent permitted by law, Artist agrees to indemnify, defend and hold harmless the City, its officers, employees, boards and commissions from and against any and all claims; suits, judgments, costs, attorneys fees, damages or other rel ief arising out of or resulting from 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 the City, its officers, employees, agents. boards or commissions covered by the foregoing duty to 3 indemnify, defend and hold harmless, such action shall be defended by legal counsel of the City,'s choosing. 13. That this agreement shall be subject to and governed by the laws of the State Illinois. Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois. 14. That the following riders are attached hereto and made a part of this agreement: see attached application if applies. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control. 15. This contract represents the entire agreement between the parties hereto. There may be no modification to the teens hereof without the express written consent of the City of Elgin. 16. If any previsions of this contract should be deemed invalid by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect. 17. All notices required herein shall be directed to the parties as follows: Rachel Jaehowske Artist - Recreation Supervisor c/o � E ( � 100 Symphony Way Elgin, IL 60120 Payable to: IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY [ = GIN By /. of Ida Q, r�c�� � r� �,� � "lf) � .. C/ By_ City Manager Its_ _ FEIN#ISSN