HomeMy WebLinkAboutEarl Thomas 2023-06-25Sundays in the Park
Performance Contract
THIS CONTRACT is made __/__/23 by and between Earl Thomas, hereinafter called the Artist,
and the City of Ukiah, called the Purchaser. This contract for Artist’s personal services on this
engagement described below shall consist of all the provisions in this Contract, and any
attachments. This Contract shall be executed by Artist and returned by March 17, 2023.
1.Purchaser’s Contact Information:
Promoter’s Name: Carter Grissom
Company Name: City of Ukiah
Address: 300 Seminary Drive
City, State, Zip: Ukiah, CA 95482
Phone: (707) 463-6201
2.Place of Engagement:
Sundays in the Park – Todd Grove Park
3.Performance Information:
Date(s): June 25th, 2023
Gate Opens: 5pm
Show Time(s): 6:00pm
Sets: 2 x 60 minute sets
Load in: 3pm to 4pm
Sound Check: 4pm
Venue Capacity: 4000
Ticket Price: Free
Closing Act: N/A
4.Radius Clause
Artist agrees not to perform publicly within a 30-mile radius of Venue for 2 weeks prior to
and following this engagement.
5.Type of Engagement:
Outdoor Concert Series, to be billed as: Earl Thomas
6.Compensation Agreed Upon:
Payment of $5000 is due to Earl Thomas for the performance on July 9, 2023 (50%
prior to show, 50% day of show).
Meals: Dinner provided by food vendor, access to green room with snacks and
drinks
Lodging: Super 8 Ukiah
Transportation: N/A
Backline: N/A
7.Merchandising:
Artist shall retain one hundred percent (100%) of the gross receipts resulting from
the sale of the artist’s merchandise
8.Technical Requirements:
Purchaser shall provide sound & a trained engineer to run the board. Band will provide
a stage plot and sound requirements with signed contract.
COU No. 2223-161
9.Cancellation:
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 thirty (30) days prior to
this engagement. If it is less than 30 days, the deposit will not be returned. Any
engagement cancelled within thirty (30) days or less will require full payment unless
the Artist agrees to waive any part of that payment or Purchaser and Artists agree to
reschedule the engagement for another time.
10.Force Majeure:
Neither party shall be liable in damages or have the right to terminate this Agreement
for any delay or default in performing hereunder if such delay or default is caused by
conditions beyond its control including, but not limited to Acts of God, Government
restrictions (including the denial or cancellation of any export or other necessary
license), wars, insurrections and/or any other cause beyond the reasonable control of the
party whose performance is affected.
11.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.
12.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 – City of Ukiah
Earl Thomas ___________ _____________
Artist Name - (or Agent) Spelled Out
__________________________________ ____________________
Artist Signature (or Agent) Date
__________________________________
Address
__________________________________
City, State, Zip