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HomeMy WebLinkAboutLos Pinguos 2020-01-15 Cou No. 1 92-0 Walters Music Agency 12733 Manor Drive, Auburn CA 95603 Phone: 805-705-6368 email: waltersmusicagency@gmail.com Los Pinguos Performance Contract THIS CONTRACT is made this 151h day of January, 2020,by and between Los Pinguos hereinafter called the Artist, and City of Ukiah, represented by Sage Sangiacomo, hereinafter called the Purchaser. This contract for Artist's personal services on this engagement described below shall consist of all provisions in this Contract, and any attachments. This Contract shall be executed by Purchaser and returned by February 14,2020. 1. Purchaser's Contact Information: Contact Name: Sage Sangiacomo Company Name: City of Ukiah Address: 300 Seminary Drive City, State, Zip: Ukiah, CA 95482 Phone: Carter- 707-391-8676, Jake-707-391-3693 Place of Engagement: City of Ukiah, Sunday's In the Park, Grove & Park Phone: 707-463-6237 Performance Information: Date(s): Sunday, June 28, 2020 ShowTime(s): 6:00 PM (2 X 60 minutes) Load in Time: 3:00 PM Sound Check: 4:00 PM Capacity: 5000 Ticket Price: Free Admission 4. Type of Engagement: Stage Show (5 piece Band, 2 guitars, bass, Keys and drums) 5. Full price agreed upon: $3,000.00 Guarantee plus 5 rooms and meals. 6. payment schedule as follows: A deposit of$450.00 is due by February 14, 2020 to Walters Music Agency. And the balance of$2,550.00 is due to Los Pinguos immediately following the performance on June 28, 2020. Meals: Dinner for 5 people provided by purchaser. Lodging: 5 rooms provided by purchaser. Airport pick up and drop off: n/a FINAL PAYMENT MUST BE IN THE FORM OF CASH OR CITY CHECK 100% HEADLINE BILLING TO LOS PINGUOS 7. Merchandising: Artist shall retain One hundred percent (100%) of the gross receipts resulting from the sale of the artist's merchandise. Purchaser shall provide table. 8. Technical Requirements: Purchaser shall provide sound by a professional sound company and engineer. 8. Cancellation: 8.a) Purchaser agrees that Artist shall have the right to cancel this engagement without liability upon written notice to Purchaser no later than 30 days prior to the date of performance in the event Artist is called upon to render their services for a radio or television appearance, motion picture, or any career advancing opportunity. Artist will attempt to reschedule the date with the purchaser for a mutually convenient time. 8.b) Should Purchaser have cause to cancel this agreement, notice must be given to Artist in writing via U.S. Postal Service or similar carrier no later than sixty(60) days prior to this engagement. Any engagement cancelled within thirty(30) days will require full payment unless Artists agree to waive any part of that payment or Purchaser and Artists agree to reschedule the engagement for another time. 4. Force Maleure: This agreement by both parties to perform their obligations herein is subject to proven detention by serious illness, accidents, or accidents to means of transportations, labor disputes or walkouts, acts of God, or any act of public authority material breach of Contract by Purchaser, or any other condition beyond either party's control. Neither party shall be liable to fulfill the remainder of the Contract nor perform or present any"make-up" date unless expressly agreed to by both parties for a convenient future time. 10. Disputes and Attorney's Fees: Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its [applicable] rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 11. It is agreed that Artist signs this Agreement as an independent contractor and not an employee. In witness whereof, the parties have executed this Contract on the respective dates shown by their signatures. Sage Sangiacomo Lisa Walters - Agent City of Ukiah For Los Pinguos A orize ignature Authorized Signature