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HomeMy WebLinkAboutArise Roots 2022-06-26 30101 Agoura Ct Suite 202A, Agoura Hills, CA 91301 Phone: 310.589.3757 THIS CONTRACT made on Friday, 04 day of March Year 2022 between Arise Roots (herein referred as Artist) and City of Ukiah (herein referred as Purchaser). Both parties are aware that The Empire Agency is acting as the agent between both parties. ARTIST NAME : Arise Roots VENUE NAME : Sundays in the Park ADDRESS : Todd Grove Park - 600 Live Oak Ave, CITY/ST/ZIP : Ukiah,CA 95482 PHONE : N/A WEBSITE : www.cityofukiah.com/sundays-in-the-park/ CONTRACT DUE DATE : 03/25/2022  SHOW DATE : 06/26/2022 BILLING : Headline OTHER ARTISTS : TBD NOTES :  CAPACITY : 6,000 AGE LIMIT : All Ages RADIUS CLAUSE : N/A DEAL GUARANTEE : $4,000.00 TERMS : $4,000 FLAT GUARANTEE DEPOSIT 1 : $2,000.00  DEPOSIT 1 DUE : 04/01/2022 AMOUNT DUE DATE OF SHOW : $2,000.00 HOSPITALITY :See Rider LODGING : Purchaser to provide Hotel Rooms SOFT MERCH : ARTIST % :100 HOUSE % :0 HARD MERCH : ARTIST % :100 HOUSE % :0 MERCH SELLER :Artist   TICKET SCALING  TICKETS COMPS PRICE EXTENDED       Gross tix 0 0 $0.00 Net Tix 0 Average tix $0.00  SUMMARY APPROX. GROSS POTENTIAL :$0.00 PRE TAX COST :$0.00 TOTAL FIXED:$0.00 TOTAL VARIABLE:$0.00 SALES TAX :$0.00 ARTIST GUAR.:$4,000.00 PROMOTER TOTAL :$0.00 TOTAL COSTS :$4,000.00 APPROX.SPLIT POINT :0.00 NET AFTER COSTS :0.00 POT.ARTIST INCOME :$4,000.00 POT.PROMOTER TOTAL :$0.00 BUYER CONTACT :Sage Sangiacomo     PRODUCTION CONTACT : 707-463-6201 jburgess@cityofukiah.com Jake Burgess 707-391-3693 LOAD IN :Per Adv SOUND CHECK :Per Adv DOORS :TBA SHOW TIME :7:00 EMPIRE ARTIST TIME :TBA # SETS :1 SET LENGTH :90 Minutes CURFEW :TBA Additional Provisions on Contract :  - Show advance must be coordinated with Todd Johnson at 619.992.2165, ariseroots@gmail.com - PURCHASER to provide hospitality, see rider. - Production provided by PURCHASER. - PURCHASER is required to clear the venue before mutually agreed upon door time on ticket shows - ARTIST is to receive a mutually agreed upon number of comp tickets - PURCHASER must and may only use ARTIST supplied promotional materials, images, photos and logo in all advertising. This includes, but is not limited to print, web, radio and television. - All requests for promotional materials should be directed to Max O'Leary at 310.589.3757 x307, max@empireagency.com - ARTIST will not be filmed, recorded or participate in any listening programs without ARTIST, AGENT or MANAGEMENT approval - All support acts must be approved by MANAGEMENT. - If deposit is wired, a fee of $15.00 (USD) must be added to your deposit and wire transfer record must be emailed to us on or before the due date. - TICKET COUNTS must be emailed every MON-WED-FRI to Max O'Leary at max@empireagency.com 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 shall be paid to Artist immediately 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. 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 remedies 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. 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. 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. TICKETS: All tickets shall be numbered. No tickets shall be priced at higher than the agreed upon price (exclusive of tax) without the prior written approval of Artist or Artist's representative. If ticket price scaling is varied in any manner, the percentage of compensation payable to Artist shall be based on whichever of the following is more favorable to Artist: (i) the ticket price scaling set for in the underlying Agreement or as otherwise agreed in writing by the parties; or (ii) the actual ticket price. There shall be no dynamic ticket pricing without the prior written approval of Artist or Artist's representative. Any inclusion of Artist's engagement hereunder in a subscription or series offer shall be subject to the prior written consent of Artist or Artist's representative. FORCE MAJEURE, CANCELLATION & BREACH: Failure of either party hereto to comply with the terms and conditions of this Agreement due to a Force Majeure Event (hereinafter defined) will not be deemed a breach (partial or otherwise) hereof and will not subject that party to any liability in connection therewith. Cancellation or termination of this Agreement by either party for any reason other than Force Majeure or the other party's material default hereunder will be deemed a breach hereof and will entitle the non-breaching party to all remedies available under local, state and federal law. "Force Majeure Event" shall mean the occurrence of an event beyond control of Producer, Artist or Purchaser that makes performance hereunder impossible, impractical or unfeasible, including without limitation, act or regulation of public authority, fire, flooding, civil commotion, labor dispute, epidemic, substantial interruption in, delay or failure of necessary transportation or technical facilities, war, act of public enemy or terrorism, emergencies, hazardous weather conditions or acts of God. INDEMNIFICATION: Purchaser shall 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 (including attorneys' fees and court costs), liabilities, damages, losses or judgments arising out of or in connection with, any claim, action or demand sustained as an indirect or direct result of, Artist's engagement hereunder. BALANCE is due UPON DEMAND day of show in Cash, Company Check, or Cashier's Check and made payable to Artist. This balance is guaranteed Rain or Shine. NO PERSONAL CHECKS WILL BE ACCEPTED. In the event of sickness or if an accident occurs to ARTIST, or if a performance is prevented, rendered impossible, or unfeasible, by an act of regulation of any public authority or bureau, civil tumult, strike, conditions or emergencies, or any cause beyond the control of ARTIST, it is understood and agreed that there shall be no claim for damages by either party to this contract, and ARTIST's obligations as to such performance shall be deemed waived. THE EMPIRE AGENCY Acts solely as an agent for the ARTIST, and assumes none of their liability for the execution of the terms of this agreement. ARTIST will be paid in full, even if the PURCHASER is not able to hold the event due to, but not limited to the following reasons; weather, insufficient funds, cancellations, etc. ARTIST to be reimbursed for reasonable non-refundable expenses for any canceled or postponed shows due to COVID-19. ALL SETTLEMENTS SHALL BE PAID BY PURCHASER TO ARTIST ONE HOUR PRIOR TO SHOW IN CASH ONLY, UNLESS OTHERWISE ADVANCED BY ARTIST REPRESENTATIVE BANK WIRE DEPOSITS SHOULD BE DIRECTED TO THE FOLLOWING ADDRESS, AND MUST REFERENCE ARTIST, CITY AND SHOW DATE: The Empire Agency, Inc City National Bank 400 N Roxbury Drive, 5th Floor Beverly Hills, CA 90210 Tel: 3108886261 Fax: 3108886283 Account Number 127654360 Routing Number 122016066 (domestic only) Swift Code CINAUS6L (international only) This engagement is not to be advertised or publicized in any manner or form until this contract is fully processed and signed by both parties or without written approval from Artist Management or The Empire Agency. This contract becomes void if Purchaser fails to sign and return same within fourteen(14) days of date issued.        We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract.  Purchaser : City of Ukiah Artist Representation : Steven Donovan | Arise Roots  Signatory : Sage Sangiacomo       Signature : ______________________________  Signature : ______________________________Address : 30101 Agoura Ct Suite 202A,  Address : 300 W. Clay St., Agoura Hills ,CA 91301  Phone : 310.589.3757     Ukiah,CA 95482 Phone :  707-463-6201 Email : ariseroots@gmail.com  Email :  jburgess@cityofukiah.com