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HomeMy WebLinkAbout24-0810 EOSB - The Little MermenARTIST ENGAGEMENT AGREEMENT Agreement made this day, Monday, January 12024, by and between The Little Mermen (hereinafter referred to as "Artist") and City of Elgin (hereinafter referred to as "Purchaser'). It is mutually agreed by and between the parties as follows: Purchaser hereby engages the Artist, and the Artist hereby agrees to perform the engagement (hereinafter "the Engagement") subject to all of the terms and conditions herein set forth, including those on the face of this Agreement and those entitled "Additional Terms and Conditions" attached to this Agreement. Venue Name: Festival Park Hours of Engagement: TBD Venue Location: 132 S Grove Ave, Elgin, IL 60120, United States Length of Performance: See Addendum No. and Type of Shows One (1) live performance with band Date of engagement: Saturday, August 10 2024 AGREED UPON PRICE AND TERMS Guarantee: $5,000.00 (five thousand USD) ARTIST TO BE PAID RAIN OR SHINE, AND REGARDLESS OF VENUE CAPACITY Plus: Hotel Buyout of $600 Purchaser to provide full rider requirements at no cost to Artist to include: Full rider requirements to include the following: Sound and lights. Backline. Hospitality. Artist is responsible for the following expenses: Artist is responsible for: Any and all travel, including airfare, non -local, and local ground transportation. Hotel accommodations. Attached Addendum on page 2 is an integral part of this agreement. PAYMENTS: Purchaser shall make all deposits by non-refundable certified check, money order, bank draft/wire ($25 wire transaction fee) or cash without any deduction for fees or taxes to Universal Attractions, Inc (hereinafter referred to as "Agent") in accordance with the following schedule (upon receipt of deposit, Agent may release part or all of said deposit to Artist without further notice to Buyer and without liability to Agent). Purchaser shall apply any and all receipts derived from the Engagement to the payments required hereunder. PAYMENT SCHEDULE: Service Amount Due Due Date Deposit to be paid to Universal Attractions via bank wire, ACH, or $2,500.00 1/2/2024 check: Balance to be paid to Artist via check 1 hour prior to performance:, $3,100.00 8/10/24 Buyout: Hotel ARTWORK and ADVERTISING APPROVAL: All artwork, images, flyers, and advertisements must be approved by artist prior to any electronic or physical distribution and may not be distributed prior to payment of deposit. All advertising materials must contain the Agent's logo as provided. Billing to be determined once the full slate of artists is set. Appropriate billing will be agreed to by both parties. CANCELLATION/BREACH by PURCHASER: In the event that Purchaser breaches any of Purchasers obligations to any party for any other engagement, or Artist learns that the financial credit of the PURCHASER has been substantially impaired, Artist may cancel Engagement. In the event Purchaser cancels the Engagement or breaches any of its obligations under this Agreement, in addition to Artist's entitlement to full payment and any other remedies at law or equity, Purchaser shall forfeit all deposits with respect to the Engagement. The undersigned parties have read and agreed to all of the terms and conditions of this Agreement including all of the "Additional Terms and Conditions:; on the attached which are deemed incorporated herein and made a oart hereof (including Arbitration) and the !10 nnexed Artist Street Address: 150 Dexter Court Elgin, IL 60120, United States rsal IAlir actions. Inc. Ver 15.01 Artist/Authorized Representative: Signature 15 West 3Eth Street 18th Floor I NYC 10018 RETURN ALL SIGNED COPIES TO AGENT T:212-582-7575 1 : 212-333-4508 Page 1 of 3 THIS ADDENDUM IS HEREBY MADE AN INTEGRAL PART OF THE ENGAGEMENT CONTRACT S6047 DATED 11/10/23 BETWEEN The Little Mermen HEREINAFTER REFERRED TO AS "ARTIST' AND City of Elgin HEREINAFTER REFERRED TO AS "PURCHASER" Note: Band does a 90 minute show or two 45 minute sets. Actual duration and show timeline will be determined as we get closer to the event. Note: Balance made out to The Little Mermen LLC Purchaser shall make all deposits by non-refundable certified check, money order, bank draft/wire ($25 wire transaction fee) or cash without any deduction for fees or taxes to Universal Attractions, Inc Bank Wire Information: Account Name: Account Number: Routing Number: Universal Attractions Inc 876393216 021000021 Bank Name: Chase Bank International Swift 8 digit: CHASUS33 International Swift 11 digit: CHASUS33XXX (XXX denotes the receiving bank's head office if sender's country requires 11 digit swift code) PLEASE ENSURE INVOICE NUMBER, ARTIST, SHOW DATE, AND LOCATION ARE INCLUDED IN MEMO/NOTE OF WIRE TRANSFER. FAILURE TO INCLUDE THIS INFORMATION MAY CAUSE DELAYS IN APPLICATION OF PAYMENT TO THE ENGAGEMENT 15 West 36th Street 18th Flocs I NYC 10018 Initial T:212-582-7575 F:212-333-4508 Ver 15.01 RETURN ALL SIGNED COPIES TO AGENT Page 2 of 3 mv` ADDITIONAL TERMS AND CONDITIONS incorporated in and made a part of the Agreement PURCHASER RESPONSIBILITIES: Purchasers expense, Purchaser shall furnish and supply: (i) all that is necessary for the proper presentation of the entertainment presentation at performances, and if required by Artist, at all rehearsals and soundchecks at venue, including a, well heated, lighted, clean and in good order, , and public address system in perfect working condition including microphone(s) in number and quality required by Artist; (ii) comfortable, lighted, secure dressing rooms; (iii) all stagehands, stage carpenters, electricians, electrical operators and any other labor as shall be necessary and/or required by national or local union(s) to take in, hang', work and take out the entertainment presentation (including scenery, properties, and baggage); (iv) and amusement or other taxes related to Engagement. PURCHASER agrees to comply with all regulations and requirements of any national or local union(s) that may have jurisdiction over any materials, facilities, services and personnel to be fumished by PURCHASER and by ARTIST. PURCHASER agrees to furnish all necessary material and equipment. ARTIST RIDER: A copy of the Artist's rider must be signed and initialed on all pages and delivered to Artist no later than 30 days prior to the engagement. Advertisement of the engagement in any form priorto receipt and written acceptanceof a purchaser -signed copy of the rider shall have deemed the rider and all the provisions herein in its entirety valid and enforceable by Artist. LICENSES/INSURANCE/SECU RITY: At Purchasers expense, Purchaser shall obtain any and all required licenses and permits for the Engagement and shall obtain and have in place all reasonable and necessary fire, liability and other insurance as may be appropriate and/or required by law for the Engagement as well as adequate security to protect Artist, Artists property and equipment, and all persons in attendance. FORCE MAJEURE: Artist's performance and obligations are subjectto delays and failures of performance due to acts of God, strikes or other labor disputes or troubles, accidents, injuries, illness, transportation malfunction, weather, fire, acts of war and terrorism or any other cause beyond the control of Artist. If Artist is unable to perform the Engagement due to any such force majeure cause, neither party shall have any further obligation or responsibility to the other. SOUNDCHECK/CONTROL OF PRODUCTION: Artist shall be provided reasonable time for soundcheck and rehearsal at venue on date of Engagement Artist shall have sole and exclusive control over all aspects of production, presentation, and performance of Artist's show for Engagement, including but not limited to personnel, instrumentation and repertoire. NO AUDIO OR VISUAL RECORDING: No portion of Artist's audio or visual performance may be recorded, , taped reproduced or transmitted in any manner or for any reason without Artist's express prior written consent MERCHANDISE: Artist shall have sole and exclusive right but not the obligation to sell souvenir merchandise and programs including audio and audiovisual recordings and the receipts thereof shall belong solely to Artist. Universal Attractions ,Inc. ACTS SOLELY AS AGENT: It is expressly understood by the Purchaser and the Artist, that Universal Attractions, Inc. acts only as an Agent for ARTIST and is not a party to this Agreement. Accordingly, neither Agent nor its employees, shall be responsible, or held liable, for the performance or breach of any provision hereof. AGENT EXCLUSIVITY: Purchaser warrants and agrees that for a period of eighteen (18) months after the date of the Engagement (whichever period is longer) Purchaser will not hire or engage Artist for future appearances at the same venue or alternative venues unless utilizing the services of the Agent. PACKAGE CONTRACTS: Artists in packages are responsible for their own performance. In the event any one Artist is unable to perform, this failure to perform will not affect the remaining Artists' performance or the Purchasers contractual obligation. A mutually acceptable substitute Artist will be offered to replace the Artist that is unable to perform or the package fee will be reduced by the amount equal to the fee paid to the Artist that is unable to perform. INDEPENDENT CONTRACTORS: The relationship between Purchaser and Artist is that of independent contractors. Nothing herein contained shall be construed to constitute a partnership or joint venture between the Purchaser and Artist, or that Artist shall be liable in whole or in part for any expense or obligation that may be incurred by Purchaser related to the Engagement. CHOICE OF LAW AND VENUE: This agreement shall be construed in accordance with the law and Constituion of the State of Illinoi and if any provision is invalid ofr any reason such invalidations shall not render invalid other provisions which can be given effect without the invalid provision. The parties agree that the venue for any legal proceedings between them shall be the Circuit Court of Kane County, Illinois, Sixteenth Judicial Circuit, State of Illinois. ENTIRE AGREEMENT/AUTHORITYINO ASSIGNMENT: This Agreement contains the entire agreement of Purchaser and Artist relating to the Engagement and supersedes any prior agreements, promises, amendments, negotiations or representations, oral or written, not expressly set forth in this Agreement. Other than as expressly set forth herein, no representatons by any party or employee or agent thereof was relied upon as an inducement to enter into this Agreement. This Agreement may not be amended or changed except by a written instrument signed by Purchaser and Artist. Paragraphs headings are for convenience only. The person executing this agreement on the Purchasers behalf warrants his/her authority to do so, and such person hereby personally assumes liability for the payment of Artist's fee in full. Purchaser may not assign its obligations under this Agreement to any third party without Artists prior written authorization. Notwithstanding anything to the contrary contained in this agreement, in the event that Artist learns that Purchaser or the venue is having difficulty selling tickets for the engagements or Artist otherwise determines in good faith that such tickets sales are unsatisfactory, Artist may, in its sole discretion, require Purchaser to immediately deposit with Universal Attractions the full amount o then remaining portion of the flat guarantee yet to be paid pursuant to this agreement, and Purchaser hereby expressly agrees to deposit with Universal Attractions such sums im — p t by Artist or Universal Attractions on Artist's behalf in accordance herewith. Initial Universal Attractions, Inc. 15 West 36th Street 18th Floor I NYC 10018 T: 212-582-7575 F: 212-35 4508 NYC Department of Consumer Affairs Ver 15.01 RETURN ALL SIGNED COPIES TO AGENT Page 3 of N Family Event Advancing Sheet Thanks for booking The Little Mermen at your venue! This sheet is to assist in making our needs clear & understood so we can have an easy experience working together. Our all -ages show is geared towards kids and families. This includes interactive moments for kids during the show and a photo op with princesses and other Disney characters. SHOW LENGTH: Our regular show is 2 hours long with a 30 minute intermission that includes a meet and greet. However, we know children have short attention spans and are happy to do a 75 min set with no break. Please let us know ahead of time the show length you'd prefer. PRODUCTION NOTES: • If possible, we'll be running videos from an onstage laptop via HDMI or thunderbolt VGA connection to screens for every song. Please let us know if you have a screen or projector with video capabilities. • Video show has sound on many slides • If the venue is able to provide a snow machine or confetti cannons we'd love to use them • We have stage decor, a bubble machine, & do a balloon drop/toss if possible o We may want assistance from security or a stagehand for the balloon toss GENERAL STAGE PLOT (link here) HOUSE MUSIC PLAYLIST HERE tvia Spotifvl MEET & GREET: • Please let us know if you'd like us to do a meet & greet. These are usually during our set break, but can be done before or after the show if arranged beforehand • We have a stand-alone step & repeat backdrop that is about 8ft x 10ft • During meet and greet we'd like to request venue security to assist us in getting through the crowd and managing the line HOSPITALITY: • All band members play in full costume & require easy access to the green room/dressing room from stage. • Please let us know if there is not an accessible place that allows for costume changes so we can make adjustments accordingly. • Please have our hospitality rider waiting for us in the green room upon arrival MERCHANDISE: • We carry merch & would like to request a & table if possible. o Merch 101 sheet here that explains our needs to seller [if this can be provided) Thanks for taking the time to read this :) We're looking forward to working together! j s ' Backline Requests (For venues that are able to provide backline) d Full drum kit: o DW/Yamaha/Gretsch or comparable 0 13" mounted tom 0 16" floor tom 0 22" bass drum o Snare stand o Hi -hat stand 0 4 cymbal stands o Throne o Snare drum 0 1 x Zildjian A Series Cymbals 0 1 Kick Drum Pedal s 2 Guitar amps: 0 1 Fender `65 Princeton reverb or comparable o Please provide 4 guitar stands ■ we prefer this guitar rack if possible v Bass amp: o Fender Rumble 20OW or comparable a Keyboard: o Roland RD 700SX o Please provide 1 keyboard & 1 keytar stand STAGE STAG 'UT LIST House projector screen (if available) boom stand ques rid) mike stand 5� Grau kick 2 snare 10 keys - DI 18 vocal mic #5 (Bass -backi ng vox) 5 rack tom 2 13 Guitar 1 - XLR out of Helk Ped, 21 HDMI for LAPTOP video out 8 overhead R 16 1 vocal mic #3 (Chelsea) 24 drum kit is 4 pieces downstage laptop for video - controlled via Bluetooth connection with Alexis' guitar pedals drummer triggers audio samples on drum pad if the show allows for video, then audio will also be triggered on laptop www.the!itt!emermen.com 1/1 INOUE.-. r M� won," Pr ---WArA, WAV: HOSPITALITY RIDER DRESSING ROOM: Must be clean and well -lit with comfortable seating for 8 people, tables, trash cans, and electrical outlets and a private dressing area with mirror and lockable door. CATERING: There shall be complimentary food and beverage for Artist and crew (8 people) consisting of: • 24 bottles of Poland Spring water (or comparable brand) • 4 cans of Red Bull Sugar -Free energy drink • 12 cans of various Coca-Cola brand soft drinks (including La Croix seltzer) • 1 bag of Tostitos tortilla chips • 1 small jar of queso dip and/or mild salsa • 1 small assorted fruit OR veggie tray • 10 clean dry white hand towels (no bar rags) • Plastic cups, plates, forks, knives, spoons, napkins • HOT DINNER for 8 people must be provided (per advance) (IMPORTANT: 1 band member is VEGETARIAN, dinner options must accommodate this dietary need) - or - • $20 DINNER BUYOUT per band/crew member PARKING: Purchaser to provide parking space for van in front, aside, or rear of stage entrance and pay any/all fees associated with parking. COMPLIMENTARY TICKETS: Artist shall receive 15-20 complimentary tickets for each performance (this applies to public appearances only)