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HomeMy WebLinkAboutThe Agency Group, LTD; Tommy Castro and the Painkillers 06-14-151880 Century Park East, Suite 711 Los Angeles, California 90067 United States Jane Chambers City of Ukiah 300 Seminary Dr Ukiah, Califomia 95482 United States Thursday, March 5, 2015 Re Artist: Tommy Castro and The Painkillers Date(s): Sunday, June 14, 2015 Venue: Ukiah Sundays In The Park City of Ukiah Todd Grove Park, Ukiah, California 95482 -5400, United States Contract # 71175 Phone: 310- 385 -2800 Fax: 310-385-1220 Dear Jane, Further to our discussion and agreement with respect to the above - referenced show(s), included please find a contract for your signature. Kindly print and sign two (2) copies of the contract and any and all pertinent exhibits and retum all to me for counter- signature by Artist. Please remit the deposit in the amount(s) indicated by the following schedule to The Agency Group by certified check or bank wire by the indicated due date(s) Payments Du Date° , Comment Amount Due Apr 14, 2015 Deposit - 50% USD 3,000.00 Bank wire information is as follows: Account name: THE AGENCY GROUP USA A47126 Account #: 123947126 ABA #: 122016066 Bank: City National Bank 400 N Roxbury Dr Beverly Hills, California 90210 United States NOTE: Wire transfers and checks must include a reference to the show date(s) and artist to receive proper credit. Thank you for your prompt attention to these matters and we greatly look forward to the show(s). Sincerely, Tom Gold 1880 Century Park East, Suite 711 Los Angeles, California 90067 United States Phone: 310- 385 -2800 Fax: 310- 385 -1220 Page 1 of 8 Contract No. 71175 with The Agency Group Ltd ;tom iyiS�)Z ( 1880 Century Park East, Suite 711 Los Angeles, California 90067 United States CONTRACT # 71175 Agreement made this date Thursday, March 5, 2015 by and between: Tommy Castro and The Painkillers City of Ukiah Phone: 310 -385 -2800 Fax: 310 - 385 -1220 Booking Agent: Tom Gold Confirmed Date: 2/27/2015 (hereinafter referred to as Artist) and (hereinafter referred to as Promoter(s)). It is mutually agreed that the Promoter engages the Artist to perform the following engagement upon all the terms and conditions hereinafter set forth: Artist: Tommy Castro and The Painkillers Billing: 100% Headline Venue: Ukiah Sundays In The Park Venue contact: Spencer Brewer City of Ukiah Phone: (707)463 -6237 Main Phone: (707)463 -6237 Fax: (707)463 -6740 Todd Grove Park Fax: (707)463 -6740 Ukiah, Califomia 95482 -5400, United States Date(s): Sunday, 14 June 2015 Doors Open: tbc Set Length: Artist to perform two Load in: Per Advance (2) sets each approximately (60) minutes in length. Showtime: 6:OOPM Curfew: tbc Sound Check: Per Advance On Stage: tbc Age Limits: All Ages Terms: Guaranteed Fee $ 6,000.00 USD Flat Guarantee In the event this show is not presented because of inclement weather, the Artist must still be paid in full, provided the Artist is present and ready to perform at the designated time as specified in this contract. Additional Any and all exhibits, riders /festival riders and additional clauses attached hereto, including without limitation, 'Exhibit A' and Artist's Rider, Provisions: are hereby incorporated into this Agreement by this reference. Payments: Deposits to The Agency Group Ltd by certified cheque or bank wire quoting reference 71175 Due Date Comment Amount Due Tuesday, April 14, 2015 Deposit - 50% 3,000.00 USD Total 3,000.00 USD Balance of The balance of the guarantee and any /all overage monies shall be paid to Artist or Artist's representative immediately prior to the Fees: performance by cashier's check or city check made payable to Tommy Castro. It is expressly understood by the Promoter(s) and Artist who are party to this contract the neither The Agency Group Ltd. the Federation or the Local Union or their respective officers, employees, shareholder and affiliate entitles are parties to this contract in any capacity. and that neither The Agency Group Ltd. Federation or the Local Union or their respective offers. employees. shareholders and affiliate entitles shall be liable for the performance or breach of any terms or provisions contained herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. Tommy Castro and The Painkillers ' y o kiah Jane 1 ar bers X Date Print Name Page 2 of 6 Name 3r r Seminary Dr Ukiah, California 95482, United States 7) 463 -6201 Contact: Jane Chambers Email: syoung @cityofukiah.com Contract No. 71175 with The Agency Group Ltd 1880 Century Park East, Suite 711 Los Angeles, California 90067 United States CONTRACT# 71175 Phone: 310-385-2800 Fax: 310- 385 -1220 Payments by bank wire to IHt AUENLY UKUUP USA A4/126 quoting reference 8/11/5 Bank: City National Bank 400 N Roxbury Dr, Beverly Hills, California 90210, United States Sort Code: Account #: 123947126 Swift: Currency: USD IBAN #: BIC #: ABA #: 122016066 Transit #: Promoter must advise their bank that funds are to be paid as per the requested currency and not converted by an intermediate or remitting bank Page 3 of 6 Contract No 71175 with The Agency Group Ltd 1880 Century Park East, Suite 711 Los Angeles, California 90067 United States Artist: Tommy Castro and The Painkillers 1. Reproduction of Performance: N EXHIBIT A FOR CONTRACT # 71175 Phone: 310- 385 -2800 Fax: 310-385-1220 Purchaser shall not and shall not authorize any third party to record, broadcast, televise, photograph or otherwise reproduce the audio, visual and /or audio - visual performance, in whole or in part, rendered by Artist hereunder. If Purchaser televises the performance hereunder on a jumbo - tron or similar screen during Artists performance, then any and all tapes or other recordings ± physical, digital or other ± created for purposes of such real -time broadcast, shall be surrendered by Purchaser to Artist at the completion of Artists performance. 2. Merchandise: Artist shall have the exclusive right to sell souvenir programs, photographs, records and any and all types of Artist merchandise including, but not limited to, articles of clothing (i.e., t- shirts, hats, etc.), posters, stickers, and any other merchandise Artist wishes to sell within Artists discretion, on the premises of the place of performance without any participation in the proceeds by Purchaser, subject to concessionaire's requirements, If any. 3. Right to Likeness: Artists name, likeness, image, and /or biographical data shall not be used by Purchaser or any other party under the control of Purchaser, to endorse, promote or otherwise advertise Purchaser, any commercial tie -in, any sponsor, or any other product or service connected with Purchaser, unless otherwise agreed between Artist and Purchaser, in writing, prior to Artists arrival at the performance venue. 4. Termination: In the event Purchaser refuses or neglects to provide any of the material items or to perform any of its material obligations per the Agreement and this Exhibit A, and /or fails to timely make any of the payments as provided herein, then Artist shall have the right, in addition to any other remedies which may be available to Artist at law and in equity, to refuse to perform in accordance with the terms of the Agreement, to retain any amounts theretofore paid to Artist (or Artists designee) by Purchaser (or Purchaser's designee), and, Purchaser shall remain liable to Artist for the immediate payment of the full amount of the Artist Guarantee set forth in the Agreement. 5. Sickness / Accident / Force Majeure: In the event of Artist illness or serious injury, or if a performance is prevented, rendered impossible or infeasible by an Act of God, any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption or delay of transportation services, war conditions, emergencies, or any other similar or dissimilar cause beyond the control of either Artist or Purchaser (each a 'Force Majeure Occurrence "), it is understood and agreed by the parties that there shall be no claim for damages by either party against the other and each party's obligations hereunder shall be deemed waived and any deposit monies paid to Artist by Purchaser shall be refunded to Purchaser. Notwithstanding the foregoing, If Artists performance is prevented by a Force Majeure Occurrence, but Artist is present, ready, willing and able to render its services in accordance with the terms hereof, then Purchaser shall pay Artist the full amount of the Artist Guarantee. The parties acknowledge and agree that the occurrence of the H1 N1 virus (i.e., swine flu) in an area in close proximity to the performance venue shall not in and of itself be deemed a Force Majeure Occurrence, unless the US Department of Health and Human Services officially declares the virus to be an epidemic affecting the particular state in which the performance is scheduled to take place. 6. Controlling Authority: Artist shall have the sole and exclusive control over the production, presentation and performance of the engagement hereunder including, but not limited to the details, means and methods of the performance of the performing artists hereunder, and Artist shall have the sole right to make changes to the performing personnel. 7. Weather: Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a Force Majeure Occurrence and payment of the full amount of the Artist Guarantee shall be made by Purchaser to Artist notwithstanding-,_f Artist is present, ready, willing and able to render its services as contracted hereunder_, irrespective _ .. AAIsO if Artist is alerted of the inclement weather before traveling to the performance venue, the Artist may retain the deposit, but Purchaser shall have no obligation to make any further payments to Artist. 8. Cancellation: Unless stipulated by the parties to the contrary, in writing, Purchaser agrees that Artist may cancel the engagement hereunder without liability by giving Purchaser written notice thereof as least thirty (30) days prior to the date of performance unless Purchaser has paid the agreed upon deposit to Artist te-temsinate EhisAgreement- without liability to Pursbaser-if- Purchaser failste signrand -return - he 9. Independent Contractor: It is agreed that Artist and Purchaser each signs this Agreement as an independent contractor and not as employee of the other. This contact shall not in any way be construed so as to create a partnership, employer /employee relationship or joint venture between the parties, nor shall Artist for any reason by its signature hereof be held liable in whole or in part for any obligation of Purchaser or which may be incurred by Purchaser in its carrying out any of the provisions hereof or otherwise. as 9 e d br a thority for Inconsistencies: Contract No. 71175 with The Agency Group Ltd Formatted: Indent: Left: 0.51 ", Right: 0.25 ", Space Before: 0 pt, Line spacing: Exactly 9 pt 1880 Century Park East, Suite 711 Los Angeles, California 90067 United States Phone: 310 - 385 -2800 Fax: 310-385-1220 In the event of any inconsistency(ies) between the provision of the Agreement (including Exhibit A) and the provision(s) of any rider, addendum, exhibit or any other attachments hereto, the parties agree that the provisions of this Agreement shall control. Page 5 of 6 Contract No. 71175 wth The Agency Group Ltd -result -frem- the -asfwe -and- willful - negligence of- Artist. 121. Dispute Resolution: This Agreement shall be governed by California law the- laweand 'thout giving effect to the principles thereof relating to conflicts of law. Each of the parties hereto (a) irrevocably agrees that the - _ • - - - • - - ¥erk- StateCalifomia state courts shall have sole and exclusive jurisdiction over any suit or other proceeding arising out of or based upon this Agreement, (b) submits to the venue and jurisdiction of such mots-courts in Mendocino County and (c) irrevocably consents to personal jurisdiction by such courts. 123. Conflict of Laws: Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be fumished by the Purchaser to Artist hereunder. If there is a conflict between any provision of this Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified and /or limited only to the extent necessary to eliminate such conflict. Artist agrees to comply with all regulations and requirements of any union(s) that may have jurisdiction over any of the said materials, facilities, and personnel to be furnished by Purchaser, of which Artist is advised by Purchaser, in wilting, prior to arrival at the performance venue. 134. The Agency Group USA, Ltd., as Agent: It is agreed that The Agency Group USA, Ltd. ('Agent ") is not a party to the contract and acts herein only as the agent for Artist. As such, Agent is not responsible for any act of commission or omission on the part of either Purchaser or Artist. In furtherance thereof and for the benefit of Agent, it is agreed that neither Artist or Purchaser will name or join Agent as a party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of Purchaser or Artist hereunder. If at any time there shall be a controversy between Purchaser and Artist with respect to the monies for the performance(s) covered hereunder which are held by Agent in its trust account ('Trust Funds "), Agent may upon notice to Purchaser and Artist either: (i) hold the Trust Funds until otherwise directed by a written instrument signed by Purchaser and Artist or by an order, decree or judgment by a court of competent jurisdiction which, by lapse or otherwise, shall no longer be or shall not be subject to appeal or review, or, (ii) deposit the Trust Funds in any court of competent jurisdiction pending the final determination of any dispute among the parties hereto. Upon delivery of the Trust Funds in accordance herewith, the obligations of the Agent shall cease with respect thereto and it shall not be required to perform any further acts whatsoever pursuant to this Agreement. 145. Assignment / Transfer -: This Agreement: (a) shall not be assigned or transferred without the written consent of both parties; (b) contains the sole and complete understanding of the parties hereto with respect to the subject matter hereof, and, (c) may not be amended, supplemented, varied or discharged, except by a written instrument, signed by both parties. The person executing this Agreement on Purchasers behalf warrants his /her authority to do so. The terms, 'Purchaser' and 'Artist' as used herein shall include and apply to the singular, the plural and all genders. 156. Counterparts: This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one single agreement between the parties. The parties agree that transmission to the other party of this Agreement with its facsimile signatures shall suffice to bind the party transmitting the same to this Agreement in the same manner as if an original signature had been delivered. Without limitation of the foregoing, each party who transmits this Agreement with its facsimile signature covenants to deliver the original thereof to the other party as soon as practicable thereafter. 176. Waiver: No delay or omission by either party to exercise any right or power it has under this Agreement shall impair or be construed as a waiver of such right or power. A waiver by either party of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be in writing and signed by the party waiving its rights. 178. Confidentiality The terms of this Agreement, as well as correspondence and documentation related to this Agreement, are confidential to the parties and may not be disclosed to any third parties without the prior written consent of the parties hereto, except as disclosure may be required to professional advisors or by law or court order, or for carrying out the purposes of this Agreement. Further, the parties shall treat as confidential all information, data and documents acquired by each other relating to the business affairs of the other, except as such information may already be in the public domain. Notwithstanding anything to the contrary contained herein, if Artist is subject to a recording contract which mandates disclosure of show - and touring- related information and documentation to the record label as part of that contract, then any disclosures made by Artist (or Artist's agent or representative) in compliance therewith (including, without limitation, this Agreement and documentation ancillary hereto), shall be permitted and shall not be deemed a breach of the confidentiality provision(s) hereof by Artist (or Artist's agent or representative). 189. Indemnity -and Insurance: ialfEa without-limitation,- Page 6 of (6)On-the-date-hf-the pooled risk coverage comparable to commercial general liability insurance through the Redwood Empire Municipal; Insurance Fund which provides coverage well in excess of $1.000,000. rtistislead -out, Purchaser represents to Artist that Purchaser has aeeerdaeee with 2019. Licenses: Purchaser shall be responsible for acquiring all licenses, permits and authorizations required to be obtained from all union(s), guild(s), performing rights societies, and public authorities having jurisdiction over the presentation of the performance, and all such licenses, permits and authorizations shall be valid and current as of the performance date and during the Term of this Agreement. Page 6 of 6 City of Ukiah an C mbers Date t Name ,� d/� V C/i 4-M6H'-$ 0 Seminary Dr Ukiah, Califomia 95482 United States (707) 463 -6201 Contact: Jane Chambers Email: syoung@cityofukiah.com Contract No. 71175 with The Agency Group Ltd