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Home My WebLink AboutPimps of Joytime 2018-08-19 C� N 0. 1-1t k— .zi 1 MrsMADISON H O U S E Issuetract Date: 4/9/2018 Due Date: 4/16/2018 Performance Agreement Agent: Julie Krarnch THE FOLLOWING IS AN AGREEMENT MADE BETWEEN THE UNDERSIGNED PURCHASER(S)AND Reachin Up Productions,Inc.,HEREIN CALLED 'ARTIST.PURCHASER HEREBY CONTRACTS FOR THE PERSONAL SERVICES OF ARTIST TO PROVIDE ENTERTAINMENT UNDER THE FOLLOWING TERMS, ARTIST: Pimps Of Joytime VENUE: Todd Grove Park BILLING: 100%Headline-See Additional Provisions ADDRESS: 600 Live Oak Ave DATE(S): Sunday,August 19,2018 Ukiah,CA 95482 CAPACITY: 6,000 AGES: All Ages TICKETS: LLgf Ouand Cgmns/Kills Ticket Price 10141 (USD) Festival 6,000 — $0.00 $0.00 Totals 6,000 0 Gross Potential $0.00 Net Potential $0.00 DEAL: $12,000 flat guarantee+hotel rooms+backline+all requirements per artists'rider ADDITIONAL *If sending a check-Please send via trackable mail service(FED EX/UPS)and provide tracking number. PROVISIONS *If,for any reason,this event is cancelled purchaser is responsible for 100%of guaranteed payment. *Pimps of Joytime's billing and set time must be coordinated with and approved by agency and management prior to announce. WLKOUT PTNTL: $12,000.00 ANNOUNCE DATE: To Be Determined ON SALE DATE: To Be Determined MERCH: 100%All Merchandise.Artist sells SCHEDULE: Doors 5:00 pm Pimps Of Joytime 6:00 pm,Two 60 Minute Sets Curfew 9:00 pm PAYMENTS: $6,000.00 USD deposit payable by Wire Transfer/ACH to MADISON HOUSE,due no later than Friday,April 20, 2018 $6,000.00 USD deposit payable by Wire Transfer/ACH to MADISON HOUSE,due no later than Thursday,July 19, 2018 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 Check to Reachin Up Productions,Inc..(Tax ID:263989850)immediately prior to performance(s). CONTACTS: Jake Burgess(Production)PH:707-391-3693 Email:jburgess@cityofukiah.com Carter Grisson(Promoter)PH:707.391.8676 Email:highestvibrationmusic@yahoo.com Signatures on Page 2 1401 Walnut Street,Suite 500 Boulder,CO 80302.1-303-544-9900-www.madisonhouseinc.com Page 1 of 4 Contract#158353 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. r � BY:X BY:X SIGNATURE OF P CHA MATTHEW THOMPSON J-W-B geae� G�'t t'i(v] MET ARTISTS MANAGEMENT/!THE PIMPS OF JOYTIME Tod�9rorefark lit GF urr 7803RD AVE 7TH FLOOR 6961:4ve eekr4ve 300 51 nn�,af,tP.�r/L��,I VE NEW YORK NY 10017 Ukiah,CA 95482 818.600.2881 Email: jburgess@cityofukiah.com matthew@metartists.com Phone: 707-391-3693 1401 Walnut Street,Suite 500 Boulder,CO 80302• 1-303-544-9900•www.madisonhouseine.com Page 2 of 4 Contract 9158353 PRODUCTION CONTROLS:Artist shall have sole and exclusive creative control over the production,presentation and performance of Artist's engagement hereunder and any changes thereto.Purchascr ag,ces t-D ca.,iply promptly with the directions of Artist or Artist's representative concerning stage settings for Artist's engagement hereunder. ARTISTS COMPENSATION:If payment to Artist is based in whole or in part on receipts from Artist's engagement hereunder,Purchaser shall first apply any and all receipts derived from Artist's engagement toward the payments required to be made by Purchaser hereunder.Purchaser agrees to provide Artist or Artist's representative with a cert.fied statement of the gross receipts of Artist's engagement within two(2)hours following Artist's engagement.Artist may have a representative present at the box office who shall have access to Purchaser's box office records relating to Artist's engagement.Artist's compensation shall be paid to Artist without any deductions for taxes,fees,levies or union dues whatsoever,all of which shall be the sole responsibility 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 OVERAGES.All overage monies owed to Artist shal I be paid to Artist immed ately following Artist s performance by cash or cashier's check only. ROYALTIES:Purchaser will be responsible for the payment of all music royalties in connection with Artist's engagement hereunder. WORK PERMITS AND VISAS:Purchaser shall be solely responsible for procuring and paying for,at no cost to Artist,all work permits and visas required for the engagement"Failure to procure such work permits and visas or provide necessary documentation to obtain them will be deemed a material breach of this Agreement,and Artist(i)will be rel eyed of any further obligations Artist may have pursuant to this Agreement;(ii)shall have the right to retain all monies previously paid by Purchaser;and(iii)shall be entitled to exercise all rights and remedies otherwise available to Artist at law,in equity or otherwise as if Art st has fully performed all obligations under this Agreement.Artist agrees to provide all personal information reasonably required in order to enable Purchaser to procure such work permits and visas CONFIDENTIALITY:Purchaser understands and agrees that no information regarding show grosses or attendance will be reported to any third party without the express prior written permission of Artist or Artist's representative.Failure to comply will be treated as a material breach of this Agreement, and Artist reserves all rights and remed es available to Artist at law,in equity or otherwise.Under no circumstance is Purchaser to announce or advertise the engagement without the prior written approval of Artist or Artist's representative. ARTIST'S RIGHT TO PAYMENT OF 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 obligations hereunder,or(c)Artist has good faith reason to believe the Engagement may be cancelled,then Artist shall have the right to request full payment of the Guarantee in advance of the engagement date(s)and Purchaser agrees to remit full payment of the Guarantee to Artist via bank wire promptly upon request. BILLING:Artist's engagement hereunder shall receive billing in such order,form,size and prominence as directed by Artist or Artist's representative in all advertising and publicity issued by or under the control of Purchaser,Including,but not limited to,displays,newspapers,radio and television ads, posters 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 Artist's representative. PROMOTION:Purchaser shall not announce,advertise,promote or sell tickets to Artist's engagement until written authorization has been obtained from Artist or Artist's 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 Artist's representative TICKETS"All "ckets sha11 be numbered.No tickets shall be priced at higher than the agreed upon price(exclusive of hout the prior written approval of Artis is representative.If ticket price scaling is varied in any manner,the tiro ompensation payable to Artist shall be based an whichever of the o 3GVhtg'�efle to Artist:(i)the ticket set for in the underlying Agreement or as otherwise agreed in writing by the parties;or(ii)the actuynamic ticket pricing without the prior written approval of Artist of Artist's representative.Any inclusio hereunder in a or series offer shall be subject to the prior written consent of Artist or Artist's represent,rve. ,jU �, ` _.> _ IN I +WM Artislfronrafid agai area mg 1401 Walnut Street,Suite 500 Boulder,CO 80302•1-303-544-9900•www.madisonhouseinc.com :�`3 Initial Page 3 of 4 Contract#158353 nnec i n with,anyany c�ion or dema,id sustair der: INSURANQE-P-urchaser shall add Artist and Artist's employees as additional insureds to a commercial general MW" "n-ran%e policy with limits o &: 6 liabifty of Five Million Dollars($5.UU0;M0)io the eve t!>or-bodi fury arising from the negligence of Purchaser as Z�— promoter and operator of the V e.-la-edditio , is s employets sftafFbe-e b Purchasers worker's compensation insurance. Purchaseo4hs vi a evidence of the required insurance coverage prior to Artist's engagement ereun er. PURCHASER'S DEFAULT/CANCELLATION:If,on or before the date of Artist's engagement,Purchaser fails or refuses to perform any contractual obligations relating to Artist's engagement herein and/or any contractual obligation with any other performer,or if the financial status of Purchaser has been impaired,or in the opinion of Artist or Artist's representative,is unsatisfactory,Artist shall have the right to demand payment of the full Guarantee. If Purchaser fails or refuses to make such payment,then such failure shall be deemed a material breach of this Agreement,and Artist shall have the right,without prejudice to any other rights or remedies,to:(i)immediately terminate this Agreement and cancel Artist's engagement hereunder,(ii) retain all amounts previously paid to Artist by Purchaser;(iii)receive the full Guarantee(or balance thereof)and all out of pocket expenses incurred by Artist in connection with Artist's engagement.For the avoidance of doubt,Purchaser shall remain responsible for all transportation,accommodations and expense reimbursements for Artist and Artist's 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 shalt 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 Artist's 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 Artist's crew and entourage. LIMITATION OF LIABILITY:In no event shall Artist(nor any of Artist's 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.Artist's 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 Artist's 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 Artist's 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 Sheet,Suite 500 Boulder,CO 80302• 1-303-544-9900•www.madisonhouseinc.com fj Initial Page 4 of 4 PIMPS OF JOYTIME - HOSPITALITY & TECH RIDER - 2018 ACCOMMODATIONS: • Accommodations for seven (7) adults for the evening of performance. Hotel is to be nearby and part of a national chain such as Holiday Inn, Comfort Inn, Quality Inn, Fairfield Inn, Marriott Courtyard, Hampton Inn, Best Western, etc. These are offered as a guideline; we realize all towns do not have national hotel chains. • Please provide confirmation numbers no later than two weeks prior to performance. • Please reserve four double rooms with two beds per room. • Please reserve rooms on the same floor whenever possible. • No hostels, bed & breakfasts, motels or billeting whenever possible. • Please confirm all lodging arrangements with both: Nathan Grant nathan@metartists.com Matthew Thompson matthewCa7metartists.com HOSPITALITY: • Please provide at least one, lockable, well-lit dressing room for Pimps of Joytime to use during day/night of performance. • Please DO NOT shop the rider until the tour manager has advanced our daily needs. We don't need everything everyday and would like to limit waste as much as possible. LOAD IN & SOUND CHECK: • one (1) case of bottled water- (NO Dasani or Aquafina) • one (1) six pack of sparkling water • one (1) bottle of quality sauvignon blanc (or similar) • one (1) six pack of Bud Light or similar • st�e-(tj'bStfle o�f 1i�'uor�kleFradar�-sf}�ter, C-spolon;-�a�aese�-}- • two (2) large or six (6) small Harmless Harvest Coconut Waters + one (1) large bottle of Odwalla or Naked brand smoothie/juice • A few bottles of Kombucha • one (1) box of organic almond milk • Natural Peanut Butter • Organic cashews • Organic dried goji berries • Organic Fruit Preserve- (Jelly) Gluten-Free Granola Bars • Organic granola • Organic hummus • Organic tortilla chips • Fresh lemon and ginger • Organic, gluten free, sliced whole grain bread— (Please no white bread) • Selection of organic fruit— (Grapes, Apples, Oranges and Bananas) • Coffee and Tea • Organic Honey FOLLOWING SOUND CHECK: • Hot meals for seven (7) adults (including 3 vegan and 4 white meat or fish dishes) OR a $15.00 per person meal buyout. ON STAGE: • one (1) case of still bottled water • twelve (12) hand towels TECH PERSONNEL: • Venue to provide 1 FOH tech, 1 Monitor tech aFid-,69 fully knowledgeable of all aspects of the provided PA system and-4i94ystem for the duration of sound check and performance. Xx6 1"5am4-5 STAGE PLOT 1 INPUT LIST: • Please see our stage plot and input list for details on how the stage is to be set-up and how the board should be patched. Please note that we do have in-ear monitors for everyone except the drummer (4 in-ear mixes + 1 drum mix). This is for most instances. We do on occasion travel without IEMs. MERCHANDISE: • Please provide one 8-foot table in a well-fit area and someone to sale where there is ample foot traffic. -G,UE-S`"ST: • - a ..pr_ovide _g.ues"9et&4er-M s o oy—ifflW7tTsrtorba ` pr ideel-995-ay-#o 5fbMWd. .V z 5-0 L3- If there are any questions or concerns about any of the above, please reach out to management: Matthew Thompson mafthew@metartists.com Nathan Grant nathan@metartists.com [IN- •• fl O NF ui W z N W V N -0 m i 5 I y K # A PIMPS OF JOYTIME BACKLINE Updated : January 30th, 2018 DRUM SET: Ludwig (preferred), OR Slingerland one(1) 14"x20"or 14"x22" kick drum one(1) 14"x16" or 16"x16"floor tom one(1)6.5"x14" snare drum (Ludwig Black Beauty or Supraphonic preferred) Drum Hardware: three(3) boom cymbal stands one(1)snare stand one(1)drum throne one(1) Drum Rug KEYS: one (1) Hammond B3 with Leslie 122 (if Hammond is unavailable Nord Electro will be acceptable) one (1) Hohner D6 Clavinet one (1) Wurlitzer 200 Electric Piano w/working sustain pedal one (1) Fender Super Reverb two(2) Keyboard Stands one (1) Keyboard bench or drum throne BASS AMP: fin order of preference) one (1) Mesa Boogie Carbine M9, Subway or Prodigy one (1) Mesa Boogie 6x10 Powerhouse Cab OR one (1)Aguilar DB 751 head or Ampeg SVT VR head one (1)Ampeg SVT 8x10 cab (silver face preferred) GUITAR AMP: two(2) Fender Super Reverb amplifier two(2)guitar stands PERCUSSION: one (1) LP 11.75" Conga one(1) LP 12.6"Tumba one(1) Double Conga Stand (please no cradles) one(1) LP Bongo set one(1) Bongo Stand two(2)cymbal stands to mount toys one (1) 5"x14" brass snare one (1) snare stand o ❑ ❑ ❑ ❑ ❑ F- F- F F- 1- w W w a � W ❑ _.l J J J J J _ _ = z C7 Q ❑ ❑ ❑ ❑ ❑ ❑ o w w J J co � (�' (�' Q' a' �' a' Q a J J J J J J J Q F- p O O O O O O — — — — � � w w Ir Of w H z w � O N °a � o 0 0 0 0 0 0 w o ¢ w w w w w 'K X � � � � � U F w j j j < < < t9 C� } } y. } } } } z m cn N a K � or m � f?: H H !¢- Fa- Z z Y Y Y Y Y Y Y Z 0 Z Z ir J N ❑ ❑ ❑ ❑ ❑ ❑ N cn m cq u7 U U U p 3 O 0 Q ❑ a z w x z N x d 0 f- = 0 _U U p U 0 O LL w O F- F- U W 4 r N ❑ ¢ X > X F w = w (� U o O H ► z 0 F- O O a Y ~ O ¢ W L7 J w N F O a w cn = w to U m T J ¢ a d W � W' �' ¢ w m w w - ❑ CE J a 0 ¢ i z z w v, a w a U) Z a O O o z w m 00 ❑ ❑ Y W -� Y Y w {wrj U' Uf a U ° 0 0 C9 J J a F- z0 ❑ m N w = r N M V In fD 1� UO O) O r^ N M In CO ti w m O r N V r r r r r r r N N N N N N