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HomeMy WebLinkAboutMadison House 2019-06-16To: From: Subject: Date: Iv1hv1w111nvv�� Performance Agreement Sage Sangiacomo Tynan Conroy MarchFourth Wednesday, January 23, 2019 Issue Date: Due Date: Agent: 1/23/2019 1/30/2019 Tynan Conroy (=No. 1.161 -I ( 7 Enclosed please find the contract(s) for the below mentioned engagement(s). Please sign and initial all documents (including Terms & Conditions) and return to my office as soon as possible. PLAYDATE: VENUE: CITY/STATE: Sunday, June 16, 2019 Todd Grove Park Ukiah, CA COMPENSATION: $9,000 Guarantee + TBD Catering Budget + Accommodations (Hotel Rooms) + All requirements per artist's rider DEPOSIT: $4,500.00 USD deposit payable by Wire Transfer/ACH to MADISON HOUSE, due no later than Tuesday, January 29, 2019 ACH is preferred. If sending a wire, please include $15 transfer fee. City National Bank, N.A. 400 N. Roxbury Drive Beverly Hills, CA 90210 Beneficiary Information: Madison House LLC 1401 Walnut St, Ste. 500 Boulder, CO 80302 ABA: 1220-16066 Account Number: 127242984 Please include Artist and performance date on the payment memo. Balance to be paid by Cash to March Fourth Marching Band LLC. (Tax ID: 20-0993630) immediately prior to performance(s). If you have any questions, please do not hesitate to call. Kind Regards, Tynan Conroy MADISON HOUSE 1401 Walnut Street, Suite 500 Boulder, CO 80302 • 303-544-9900 • www.madisonhouseinc.com Page 1 of 5 Ir COU No. tg r6i— ret? Performance Agreement Issue Date: 1/23/2019 Due Date: 1/30/2019 Agent: Tynan Conroy THE FOLLOWING IS AN AGREEMENT MADE BETWEEN THE UNDERSIGNED PURCHASER(S) AND March Fourth Marching Band LLC, HEREIN CALLED 'ARTIST'. PURCHASER HEREBY CONTRACTS FOR THE PERSONAL SERVICES OF ARTIST TO PROVIDE ENTERTAINMENT UNDER THE FOLLOWING TERMS. ARTIST: MarchFourth VENUE: Todd Grove Park BILLING: Headline ADDRESS: 600 Live Oak Ave DATE(S): Sunday, June 16, 2019 Ukiah, CA 95482 CAPACITY: 6,000 AGES: All Ages TICKETS: lie[ Quantity Comps/Kills Ticket Price Total (USD) Free 6,000 - - - Totals 6,000 0 Gross Potential $0.00 Net Potential $0.00 DEAL: $9,000 Guarantee + TBD Catering Budget + Accommodations (Hotel Rooms) + All requirements per artist's rider ADDITIONAL All artwork & promotional materials need to be approved by management & agency prior to public release PROVISIONS * All support acts need to be approved by management & agency prior to public release * Set Time, Length & Stage need to be coordinated with management & agency prior to public release WLKOUT PTNTL: $9,000.00 ANNOUNCE DATE: To Be Determined ON SALE DATE: To Be Determined MERCH: 100% All Merchandise . Venue sells SCHEDULE: Doors 5:00 pm Show 6:00 pm MarchFourth 6:00 pm, Two (2) 60 Minute Sets Curfew 9:00 pm PAYMENTS: $4,500.00 USD deposit payable by Wire Transfer/ACH to MADISON HOUSE, due no later than Tuesday, January 29, 2019 ACH is preferred. If sending a wire, please include $15 transfer fee. City National Bank, N.A. 400 N. Roxbury Drive Beverly Hills, CA 90210 Beneficiary Information: Madison House LLC 1401 Walnut St, Ste. 500 Boulder, CO 80302 ABA: 1220-16066 Account Number: 127242984 Please include Artist and performance date on the payment memo. Balance to be paid by Cash to March Fourth Marching Band LLC. (Tax ID: 20-0993630) immediately prior to performance(s). CONTACTS: Carter Grisson (Promoter) PH: 707.391.8676 Email: highestvibrationmusic@yahoo.com Jake Burgess (Promoter) PH: 707-391-3693 Email: jburgess@cityofukiah.com Signatures on Page 3 1401 Walnut Street, Suite 500 Boulder, CO 80302 • 303-544-9900 • www.madisonhouseinc.com Page 2 of 5 ADDITIONAL ATTACHED EXPENSE SHEET, TERMS AND CONDITIONS AND/OR RIDER(S) ARE PART OF THIS AGREEMENT, SIGNED CONTRACT MUST BE RETURNED TO MADISON HOUSE WITHIN (7) WORKING DAYS. BY: X SIGNATUR Sage SangiaciFno City of Ukiah 411 W Clay St Ukiah, CA 95482 Phone: BY: X SIGNATURE OF ARTIST REPRESENTATIVE; Nayana Jennings MarchFourth Marching Band, LLC 5217 NE 14th PI Portland, OR 97211 nayanajennings@gmail.com 1401 Walnut Street, Suite 500 Boulder, CO 80302 • 303-544-9900 • www.madisonhouseinc.com Page 3 of 5 Contract #166072 PRODUCTION CONTROLS: Artist shall have sole and exclusive creative control over the production, presentation and performance of Artists engagement hereunder and any changes thereto. Purchaser agrees to comply promptly with the directions of Artist or Artists representative concerning stage settings for Artists engagement hereunder. ARTfST'S COMPENSATION: If payment to Artist is based in whole or in part on receipts from Artists_ • • mit apply any and all recelpts derived from Artist's engagement toward the payments required to be made by Purchaser hereunder. Purchaser agrees to provide Artist or Artists representative with a cettffie. - - of the gross receipts of Artists engagement within two (2) hours following Artists engagement. Artist may have a r• • -ntative present at the box office who shall have access to Purchaser's box office records relating to Artist's engagement. Arti . sensation shall be paid to Artist without any deductions for taxes, fees, levies or union dues whatsoever, all of which shall be the = •onsibility of Purchaser. BALANCE OF GUARANTEE: The balance of the Guarantee shall be paid to Artist via bank wire no later than the scheduled engagement date if Purchaser fails to present the engagement. we sa •epai • oilowing-Artiefs-petzfoxcianse-lay-sasia-qr...cashinly.— ReYAtfitES:-Purdhaser will be—responsible—for/he payment of all music royalties in_ connection with Artist's engagement hereunder. WORK PERMITS AND VISAS: Purchaser shall be solely responsible for procuringand paying for, at no cost to Artist, all work required for the engagement. Failure to procure suc w. i:.•. • - ••-•:.. • • •rowa necessary Documentation to obtain them will be deemed a material breach of this Agreement, and : • will be relieved of any further obligatio -nisi-may ve pursuant to this Agreement; (ii) shall have the right to retain all monies pr- y paid by Purchaser; and (iii) shall be entitled to exercise all rights and rem les erwise available to Artist at law, in equity or otherwis • 1 Artist has fully performed all obligations under this Agreement. Artist agrees to provide all perso mation reasonably required in ord enable Purchaser to procure such work permits and visas. C-ONFIDENTIALITY: NUTZtrasEruntleFstaad d a rees that no information regarding show grosses or attendance will be reported-ttrahythird party without the express prior written permission of Artist or is STeprese . Failure to comply will be treated as a material breach of this Agreement, and Artist reserves.all rights and remedies available to Artist at law, in equity or of er :-dndeo circumstance is Purchaser to announce or advertise the engagement without the prior written approval of Artist or Artists representative. �'— ARTISTS-RIGHT- Fo-PAYME. •F GUARANTEE IN ADVANCE: If: (a) Purchaser fails to pay when due any amounts owed Artist hereunder when due; or (b) Purchaser fails to perform any material o gatlons ereun•er, . - - • ood faith reason to believe the Engagement may be cancelled, then Artist shall have the right is request full payment of the Guarantee in advance of the enga. • e and Purchaser agrees to remit full payment of the Guarantee to Artist via bank wire promptly upon request. BTL NCr G: ia-s 's engagemen ereun er s Tecewebilluig in such order, form, size and prominence as directed by Artist or Artist's representative in all advertisingaN publicity issued by or under the control of Purchaser, in g, -b trio invited to, displays, newspapers, radio and television ads, pore—and house boards. USE OF ARTIST'S NAME AND IMAGE: Purchaser may only use Artist's name and pre -approved voice, photograph, likeness, image or other identification of Artist in connection with Purchaser's advertisements and publicity for Artist's engagement hereunder. Purchaser may not use Artist's name, voice, photograph, likeness, image or other identification of Artist as a direct or implied endorsement of any product or service. There shall be no corporate or product or service name or logo included in any such advertising or publicity without the prior written approval of Artist or Artist's representative obtained in each instance. Notwithstanding the foregoing, the placement, form, content, appearance and all other aspects of Purchaser's use of Artist's name, voice, photograph, likeness, image or other identification of Artist shall at all times be subject to the prior written approval of Artist or Artist's representative. MERCHANDISING: Artist shall have the exclusive right to sell merchandise in connection with Artist's engagement hereunder, including but not limited to, soft goods (e.g. T-shirts), souvenir programs, photographs, posters, stickers and CDs, on the premises or otherwise, and Purchaser shall have no right to share in the proceeds from the sale of such merchandise. NO REPRODUCTION PERMITTED: Purchaser will not and will not permit or authorize others (including, but not limited to, venue employees, representatives and contractors) to record, broadcast, photograph or otherwise reproduce in any manner the audio or visual performance by Artist or any part thereof. STAGE SEATS: It is understood and agreed that no stage seats are to be sold or used without the prior written consent of Artist or Artists representative. PROMOTION: Purchaser shall not announce, advertise, promote or sell tickets to Artist's engagement until written authorization has been obtained from Artist or Artists representative. Purchaser agrees to promote the engagement to the best of Purchaser's ability by print, radio, and website and otherwise. There shall be no promotion or co -promotion with any radio station without the prior written approval of Artist or Artist's representative. Purchaser shall not commit Artist to any interviews, promotional appearances, meet and greets or other promotional activities without the prior written consent of Artist or Artists representative TICKETS: All -tickets -shall -hem ered. No tickets shall be priced at higherthan the agreed upon priee{exelusive of-taxj-wittrouttiften approval of Artist or Artist's representative. IfItc p gisaauedian manner, the percentage of compensation payable to Artist shall be based on whichever of the folloWingi5Thore favorable to Artist: (i) the ticket price sc writing by the parties a actual ticket price. There shall be no dynamic ticket pricing without t representativ y inclusion of Artist's engagement hereunder in a subscription or series offer shall be subject to Arti ' presentative. in the underlying Agreement or as otherwise agreed in itten approval of Artist or Artist's pfio written consent of Artist or INDEMNIFICATIONsttatl-defend; indemnify and hold harmless Artist, and any and all employees of Artist and any and all representatives of Artist from and against any and all costs, claims, expenses (inctudin s' fs and court costs), liabilities, damages, losses or judgments arising 1401 Walnut Street, Suite 500 Boulder, CO 80302 • 303-544-9900 • www.madisonhouseinc.com Initial Page 4 of 5 Contract #166072 outacne as an indirect or direct resu o , s INSURANCE: Purc ase d Artist's employees as additional insureds to a commercial general liability insurance poilgy with limits of liability of Five Million Dollars ($5,000,000) for eac oc the event of deathor bodily injury arising from the negligence of Purchaser as promoter and operator • i s employees shall be covered by Purchaser's workers compensation insurance. Purchaser . provide evidence of the required insurance coverage prior to Artists engagement hereunder. 'URCHA$ER'S N: If, on or before the date of Artists engagement, Purchaser fails or refuses n rac ual obligations relating to Artists engagemeftt�t .r any contractual obli • - • e ormer, or if the financial status of Purchaser has been impaired, or in the opinion of Artist or Artists repres- • '--• s satisfactory, Artist shall have the right to demand payment of the full Guarantee. If Purchaser fails or refuses to make such payrrrefif, then such failure shall . - -7"na m..,,_ a breach of this Agreement, and Artist shall have the right, without prejudice to any other rl§�s or remedies, to: (i) immediately terminate this •. en - • • - =.=„y engagement hereunder, (ii) retain all amounts previ sly paid to Artist by Purchaser; (iii) receive the full Guarantee (or balance t e - • ' -nd all o • . -t expenses incurred by Artist in conne ith Artist's engagement. For the avoidance of doubt, Purchaser shall remain responsible for all transportation, a • mmodations and exQ reimbursements for Artist and Artists entourage pursuant to this Agreement. ARTISTS CANCELLATION: Purchaser agrees that Artist may cancel Artist's engagement hereunder without liability by giving the Purchaser notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder. Upon termination of this agreement in accordance with this paragraph, Artist shall return to Purchaser any deposit previously received by Artist in connection with the engagement. Subject to the foregoing, upon such termination, the parties shall have no further rights or obligations hereunder, and each of the parties shall bear its own costs incurred in connection with this agreement. FORCE MAJEURE: If, as the result of a Force Majeure Event (as defined below), Artist is unable to, or is prevented from, performing the engagement or any portion thereof, Artist's obligations hereunder will be fully excused, there shall be no claims of any kind for damages or expenses of any kind by Purchaser, and Purchaser shall bear its own costs and expenses in connection with this Agreement. Notwithstanding the foregoing: (i) Purchaser shall be obligated and liable to Artist for such proportionate amount of the payments provided for herein as may be due hereunder for any performance(s) which Artist may have rendered up to the time of the inability to perform by reason of such Force Majeure Event; and (ii) in the event of such non- performance as a result of a Force Majeure Event, if Artist is ready, willing and able to perform (but for the occurrence of such Force Majeure Event), Purchaser shall nevertheless pay Artist an amount equal to the full Guarantee plus all other payments and compensation due hereunder. For clarification, in the event of cancellation due to any Force Majeure Event, and whether or not Artist is ready, willing and able to perform, Purchaser shall remain responsible for all transportation, accommodations, expense reimbursements and any other payments or compensation due Artist and Artist's crew and entourage pursuant to the terms of this Agreement. A "Force Majeure Event” shall mean, but shall not be limited to, any one or more of the following acts which makes any performance by Artist contemplated by this Agreement impossible, infeasible or unsafe: acts of God; acts of public enemy; acts or threats of terrorism; insurrections; riots or other forms of civil disorder; embargoes; labor disputes (including, without limitation, strikes, lockouts or boycotts); fires; explosions; floods; shortages of power or other essential services; failure of technical facilities; failure or delay of transportation; death, disability, illness, injury or other inability to perform by Artist, any of Artist's musicians, other performers, crew, representatives or advisors, any of Artist's family members, any of Purchaser's key personnel, or any other person personally known to Artist whose death, disability, illness or injury adversely impacts Artists ability to perform in connection with the engagement; or other similar or dissimilar causes beyond the control of Artist which make any performance(s) contemplated by this Agreement impossible, infeasible or unsafe. For the avoidance of doubt, poor ticket sales shall not be deemed a Force Majeure Event. INCLEMENT WEATHER: Notwithstanding anything to the contrary contained herein, inclement weather shall not be deemed a Force Majeure Event, and Purchaser shall remain liable for payment to Artist of the full Guarantee plus all other compensation due hereunder if Artist's engagement is rendered impossible, infeasible or unsafe by such weather conditions. For clarification, Purchaser shall remain responsible for all other terms and conditions of this Agreement, including, without limitation, accommodations, transportation and expense reimbursements for Artist and Artists crew and entourage. LIMITATION OF LIABILITY: In no event shall Artist (nor any of Artists agents, representatives, principals, employees, officers, directors and affiliates) be liable to Purchaser for any indirect, incidental, consequential, special, punitive, exemplary or any similar damages, including, without limitation, lost profits, loss of revenues or income, cost of capital or loss of business reputation or opportunity, as to any matter relating to, or arising out of, Artists engagement hereunder or the transactions contemplated by this Agreement, whether in contract, tort or otherwise. NOTHING CONTRARY TO LAW: Nothing herein contained shall require the commission of any act contrary to law or contrary to the restrictions of any guild or union having jurisdiction over Artists engagement hereunder. In the event of any conflict between any provision of this Agreement and any such law or restriction, such law or restriction shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. ENTIRE AGREEMENT: These Standard Terms and Conditions are hereby incorporated into the Agreement and any addendum(s) thereto. In the event of any conflict between these Standard Terms and Conditions and the Artists rider provided by Artist or Artist's representative attached hereto (if any), Artist's rider shall control. This Agreement shall constitute the entire agreement between the parties hereto concerning the subject matter hereof and may not be modified except by an instrument in writing signed by both parties. This Agreement shall be construed in accordance with the laws of the State of Colorado, and the state and federal courts located in Colorado shall have exclusive jurisdiction over any matters pertaining hereto. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which taken together shall constitute one and the same instrument. Delivery of an executed copy of this Agreement by facsimile or electronic delivery shall be deemed a valid and binding original. 1401 Walnut Street, Suite 500 Boulder, CO 80302 • 303-544-9900 • www.madisonhouseinc.com Initial Page 5 of 5 MarchFourth Rider Billing The official spelling of the band is "MarchFourth" and that is the billing we prefer. Touring Info Touring Personnel: 15 performers & 5 Crew Traveling in a 45' touring coach without trailer. We are traveling with Soundcraft Expression 3 board and thumb drive of presents for all congruent boards, a complete microphone package for our set, a movable microphone sled and 50' snake for all vocal and solo mics downstage, and four 2.5'x5.5' risers for the 7 horn players positioned upstage. We travel with our FOH, Javan Villegas. - . - .1 . • u wi ne yours o help setitg s an run our p -yew-system. SOUNDGEAR NEEDS: (7) Tall boom mic stands for horns (3 shorter sax stands, 4 taller trumpet/trombone stands) (15) XLR cables 25' (3) XLR cables 50' for drummers to move freely. (6) monitors (1-2) side fills, for larger stages 14' of vertical clearance on the stage for our stiltwalkers and acrobats if possible. This means props, decor or whatnot. Does not usually affect truss for lighting. If stage is small and ceiling above stage is low, the stiltwalkers can perform on the floor; if that is the case then we will need some lights focused on the floor in front of the stage. *** we have our own bass (4x10 ampeg) and guitar (fender deville) amps. If you have an Ampeg SVT bass stack or equivalent we would prefer to use yours as the size of our units is based on actual space in the bus. For Festivals, we are particularly happy to have these amps backlined to for ease of changeovers and hauling. STAGE PLOT: MarchFourth Marching Band Stage Plot Day of Show Contact: John Averill (503)313-7997 // Technical Contact: Javan Villegas - Javan V IIegas@gma l.com (808) 224 4605 H x 'W 6 ie mve r-ponamImmo 7 17 XLR BASS 8 Toms 13 XLR Snarel 14 XLR KickDrum 15 XLR Snare2 16 XLR GUITAR 9 INPUT LIST: MarchFourth! Input List - 2016 Day of Show Contacts: John Averill (503)313-7997 & Dan Stauffer (503)880-7524 Technical Contact: Javan Villages (808) 224-4605 Javen.Villegasegmail.com hie ore carrying all of our own microphones. kbohool khat do we need? lust XLR cables and mic stands. channel input source 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 trombone 1 trombone 2 trumpet 1 trumpet 2 saxophone 1 (alto) saxophone 2 (tenor) saxophone 3 (baritone) bass guitar electric guitar conga stage right conga stage left percussion tree tri -toms snare 1 kick drum snare 2 wireless cymbal vocal 1 vocal 2 vocal 3 horn solo 1 horn solo 2 transducer sennheiser md421 sennheiser md421 telefunken m80 shure beta57 sennheiser e906 sennheiser e906 electrovoice re20 Radial di sennheiser e609 sennheiser e604 sennheiser e604 line audio cm3 sennheiser e604 audix d2 audix d6 audix d2 shure lav mic sennheiser e835 sennheiser e835 audix om6 beyerdynamic m88 sennheiser e906 NUS tall mic tall mic tall mic tall mic tall mic tall mic tall mic stand w/boom stand w/boom stand w/boom stand w/boom stand w/boom stand w/boom stand w/boom percussion underhead 25' XLR needed for mobile 25' XLR needed for mobile 25' XLR needed for mobile 25' XLR needed for mobile RF receiver lives on bass Mic Stand + XLR provided Mic Stand + XLR provided Mic Stand + XLR Provided Mic Stand + XLR Provided Mic Stand + XLR Provided drums drums drums drums amp Catering and Hospitality If a meal is being provided, it should feed 20 people and be served two hours before the performance time, or just after the performance, whichever is nearer to a standard meal time. Meals should be fresh and healthy and should include one vegetarian meal, everyone else eats meat. We have one meat eater with a severe nut allergy. Chili, though delicious, is not advised (for obvious reasons)! If meal buyout, please provide for 20 people in denominations of 10's and S's for ease of distribution. Please give this and any drink tickets to Dan or John at load in.. In the Green Room(s) -15 hand towels -Drinking water is pretty important: Our first choice is a water cooler (spring or filtered water) and cups. 2nd choice is filtered water in bar pitchers (5 or six, no ice) and cups. Third choice is another case of bottled water for the green room. -trail mix/nuts (NO MSG) - small size baby carrots in bag -cheese and meat tray if budget allows. -one hummus and one dairy section french onion dip (none of that non -refrigerated variety please) -one bag tortilla chips and regular size salsa (medium) -one large bag potato chips - 1 x 30 PACK case of Modelo (1st choice) or Tecate (2nd), or Miller High life, PBR etc.. - 4 coconut waters -ice for drinks -18 MICROBREWS (an assortment, pales, IPA, pilsner, porter) -18 dry hard cider (no REDD's please as they arent GF) Crispin, Angry Orchard, Strongbow -1 bottle red wine - 1 bottle white wine -corkscrew -brewed coffee with Y2 and Y2 and sugar (some soymilk would be great too) -a small assortment of juice spritzers, coke, diet coke, red bull, mineral water. When in question due to budget, we would prefer dinner buyout or meals to snacks in green room. We'd love a bottle of whiskey (bourbor or Irish) or 100% agave tequila after the show, if it is in your budget to do so. On Stage 20 bottles of water, placed around the stage, near where the musicians play. 10-15 hand towels. ALL CORDS SHOULD BE COILED AS FAR OUT OF THE WAY AS POSSIBLE. (so stiltwalkers and dancers don't trip, we're a big band!) Merch Area The M4 "Band Made" store is a boutique of clothing, accessories and hats, made by members of the band, in addition to the standard CDs and DVDs. We'll take up a bit more room than your average concession stand. Here's what we need: -Tables (totalling 10 feet of surface space) - power outlet -2 chairs or stools Dance Floor lights Sometimes our stilt performances occur OFF STAGE if stage height is too low. Please direct can lights on the dancefloor area in front of the stage, or off to either side of the stage (unless the ceilings are lower than 10 feet, then don't bother.) For the Bus -Reserved Parking for a 45 -foot bus -Standard 110 outlet to plug in power cord (we have a 120 -foot extension cord) or 220 shore power with 50amp plug. Air If your venue is at high altitude, we'd really appreciate an oxygen tank backstage. We allow fog machines but please be sensitive to amount of time used as it may affect our horn players. Pur aser'ignature / date Purchaser name