Loading...
HomeMy WebLinkAboutDiggin Dirt 2024-06-09 Contract Number:740003 Issue Date:Apr 19,2024 MINT Agent:David Limentani N T 2846 A.N Milwaukee Ave,Chicago,IL 60618 US 1 312-260-0857 Performance Contract made April 19, 2024 between Diggin Dirt LLC ("ARTIST COMPANY")furnishing the services of Diggin Dirt ("ARTIST")and City of Ukiah ("PURCHASER") PURCHASER engages the ARTIST COMPANY to furnish the services of ARTIST for the engagement (as defined herein) upon all the terms and conditions herein set forth, including, without limitations, Addendum "A" (Terms & Conditions), the Artist Rider, and any other ARTIST COMPANY addenda which are attached hereto and incorporated herein by this reference (Agreement). PURCHASER AND ARTIST COMPANY hereby Agree as Follows: ENGAGEMENT/VENUE Artists Diggin Dirt Venue Sundays in the Park 1000 Live Oak Ave Ukiah, CA 95482 US Date Sunday, June 9, 2024 Event Festival No. Of Shows 2 Performance Live Set(90 minutes) Billing Festival Ages All Ages Announce Schedule On Sale Jun 9, 2024--5:00 PM Doors Open Jun 9, 2024--7:00 PM Show Jun 9, 2024 -- 9:00 PM Curfew COMPENSATION Flat Guarantee of$ 12,000.00 ADDITIONAL PROVISIONS Purchaser to provide backstage catering/hospitality. Purchaser to provide all requirements per Artist's rider. Purchaser to provide and pay for lodging, all approved by Artist. Artist to be paid in full, rain or shine. PAYMENTS Deposit Paid to Mint due 4/25/24 $ 6,000.00 Balance due on site $ 6,000.00 Deposit payable by WIRE TRANSFER to MINT TALENT GROUP Mint Talent Group, LLC, Account#750011799, at City National Bank, Routing: #122016066; Swift: CINAUS611- Or Paid by certified/cashier's check sent to: 2846 A. N Milwaukee Ave, Chicago, IL 60618, United States. Balance to be Paid by cash, money order or cashier's check Payable to Diggin Dirt LLC. prior to performance or Artist will not perform. MERCHANDISE 100% Soft Goods, 100% Recorded, Artist Sells. PRODUCTION PURCHASER to provide and pay for Sound and Lights, approved by ARTIST. TICKETING Tier(6/9/24) Total Comps/Kills Price Total FREE 6000 0 $ 0.00 $ 0.00 Total 6000 0 Gross Potential $ 0.00 Net Potential $ 0.00 Ticketing Fees Ticket Notes: CONTACT LIST ARTIST Diggin Dirt VENUE Sundays in the Park Manager: Promoter: Daniel Kellner Carter Grissom 847-404-0272 707-391-8676 daniel@onthebusmgmt.com highestvibrationmusic@yahoo.com Marketing: Production: Daniel Kellner Jake Burgess 847-404-0272 707-391-3693 daniel@onthebusmgmt.com jburgess@cityofukiah.com Tour Manager: Marketing: diggindirtband@gmail.com Jake Burgess 707-391-3693 jburgess@cityofukiah.com PURCHASER ARTIST COMPANY Sage Sangiacomo City of Ukiah Daniel Kellner Diggin Dirt LLC 300 Seminary Ave 2025 Ernest Way Ukiah, CA 95482 US Arcata, CA 95521 US X� � X ADDENDUM"A" ADDITIONAL TERMS AND CONDITIONS A.COMPENSATION 1)Unless otherwise specified,all payments shall be made in full without any deductions whatsoever. 2)In the event the payment to ARTIST shall be based in whole or in part on receipts of the performance(s)hereunder,PURCHASER agrees to deliver to ARTIST a certified statement of the gross receipts of each performance within two(2)hours following such performance.ARTIST shall have the right to have a representative present in the box office at all times and such representative shall have access to box office records of PURCHASER relating to gross receipts of the Engagement. 3)In the event that the payment of ARTIST'S share of said performance(s)receipts is based in whole or in part upon expenses related to the Engagement,PURCHASER shall verify by paid receipts,cancelled check or similar documents all such expenses,or they shall not be included as an expense of the Engagement. 4)In the event the payment to ARTIST does not include a percentage payment,if the actual gross box office receipts from the Engagement exceed the gross potential as stated on the face of this Agreement or as otherwise agreed in writing between parties,such excess shall be immediately paid in full to ARTIST in cash. 5)PURCHASER agrees to pay all amusement taxes,if applicable. 6)PURCHASER shall enforce all social distancing and gathering restriction protocols as recommended and/or required by the CDC and Local State regulations. Guidelines and restrictions are to be re-assessed one week prior to performance.PURCHASER and ARTIST reserve the mutual right to cancel performance due to COVID-related safety measures. If the Venue is deemed unsafe for ARTIST to perform due to PURCHASER neglecting to enforce state restrictions and protocols,ARTIST shall no longer have an obligation to perform and shall receive full compensation. B.TICKETS 1)PURCHASER shall not announce,advertise,promote or sell tickets to the Engagement until authorization in writing has been received from ARTIST or AGENT. 2)No tickets shall be priced at more than the agreed upon price exclusive of value added tax or other sales-based tax without ARTIST or AGENT prior approval. 3)If ticket price scaling shall be varied in any respect,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 forth on the face page of this Agreement or as otherwise agreed in writing by the parties,or(ii)the actual ticket price scaling in effect for the Engagement. 4)It is understood that no stage seats are to be sold or used without ARTIST or AGENT prior written consent. C.BILLING 1)ARTIST shall receive billing in such order,form,size and prominence as directed by AGENT in all advertising and publicity issued by or under the control of the PURCHASER,including,but not limited to,displays,newspapers,radio and television ads,electric lights,posters,house boards and announcements. 2)PURCHASER may only use ARTIST'S name and pre-approved:voice,likeness,materials,pictures,photographs,image,or other identification of ARTIST(collectively,"ARTIST'S Likeness")in connection with PURCHASER'S advertising and publicizing of the Engagement,however PURCHASER'S use of ARTIST'S likeness shall not be as an endorsement or indication of use of any product or service and no corporate or productive/service name or logo shall be included in any such advertising and publicity absent AGENT'S prior written approval in each instance. Notwithstanding the foregoing,the placement,form,content,appearance,and all other aspects of PURCHASER'S use of ARTIST'S likeness shall at all times be subject to the prior written ARTIST or AGENT approval. D.MERCHANDISING ARTIST shall have the exclusive right to sell souvenir programs,books,photographs,recordings and any and all types of merchandise including, but not limited to,articles of clothing(i.e.T-shirts,hats,etc.),posters,stickers,etc.,on the premises of the place(s)of performance without any participation in the proceeds by PURCHASER subject,however,to concessionaire's requirements,if any,as specified on the contract face in this Agreement. E.FACILITIES/EQUIPMENT/STAFF 1)PURCHASER agrees to furnish at its sole cost and expense on the date(s),time(s)and place(s)of the performance(s)all that is necessary for the proper and lawful presentation of the Engagement,including,without limitation,a suitable venue,well-heated or cooled as per prevailing conditions,ventilated,lighted,clean and in good order,stage curtains,properly tuned grand piano or pianos(if required)and all necessary first class sound equipment in perfect working condition including amplifiers,microphones in number and quantity required by ARTIST,dressing rooms (clean,comfortable,properly heated and air-conditioned and near the stage),all necessary electricians and stage hands,all necessary first class lights,tickets,house programs,all licenses(including musical performing right licenses),special police,ushers,ticket sellers,ticket takers, appropriate and sufficient advertising in all media and PURCHASER shall pay all other necessary expenses in connection therewith. 2)PURCHASER shall also provide at its sole cost and expense all necessary equipment for the Engagement hereunder as provided on the face of the agreement,or as designated in the attached ARTIST Rider,unless otherwise agreed by ARTIST and PURCHASER in writing. 3)PURCHASER shall comply with all regulations and requirements of any union(s)that may have jurisdiction over any of the said materials, facilities and personnel to be furnished by PURCHASER and ARTIST. 4)If ARTIST so requires,PURCHASER will furnish at its expense all necessary facilities,electricians,stagehands and other personnel for lighting and dress rehearsals.PURCHASER shall furnish at its own expense all other items and personnel including,but not limited to,any and all personnel, including musicians,as may be required by any national or local union(s)required for the proper presentation of the performance hereunder,and any rehearsals therefore,except for those items and personnel which ARTIST herein specifically agrees to furnish. 5)PURCHASER shall ensure compliance with all applicable requirements of laws and regulations as to health and safety,licensing,insurance, hygiene,fire,access,egress,security,and generally relation to the performance(s)and the venue(s)and the venue(s)for such performances(s). F.PRODUCTION CONTROL 1)ARTIST shall have the sole and exclusive creative control over the production and presentation of ARTIST'S performance at the Engagement hereunder,including,but not limited to,the details,means and methods of the performance of the performing artist's hereunder,and ARTIST shall have the sole right,as ARTIST may see fit,to designate and change at any time the performing personnel other than the ARTIST herein specifically named. 2)ARTIST shall at all times be the headline act and will be the closing act of each show,unless otherwise specified herein. 2 3)PURCHASER agrees that no performers other than those to be furnished by the ARTIST hereunder will appear on or in connection with the Engagement hereunder unless otherwise agreed in advance.Any supporting acts require ARTIST advance approval or remain subject to cancellation. 4)PURCHASER agrees that no other Engagement outside of the agreement contained hereunder to occur on the same date at the same facility/venue,unless otherwise agreed by ARTIST or AGENT in advance.No separate matinee or early or late shows whatsoever,unless otherwise agreed by ARTIST or AGENT in advance.ARTIST RESERVES THE RIGHT TO CANCEL FOR PAYMENT IN FULL AT ANY TIME IF SUCH CONDITIONS ARE NOT FOLLOWED OR DISCLOSED,INCLUDING UPON ARRIVAL DAY OF SHOW. 5)PURCHASER agrees to promptly comply with ARTIST'S directions as to stage settings for the performance hereunder. G.NO RECORDING/BROADCAST PURCHASER shall not itself,nor shall it permit or authorize others(including,without limitation,PURCHASER or venue employees, representatives or contractors)to record,broadcast,televise,film,photograph,webcast,or otherwise reproduce the visual and/or audio performances hereunder(or any part thereof)and/or ARTIST and/or ARTIST'S personnel at any time during the Engagement for any purpose, archival or otherwise.In the event PRODUCER does so grant any of the aforementioned rights,such rights shall be subject to a separate written agreement and PURCHASER shall be responsible,at PURCHASER's sole cost and expense,for securing any and all necessary third party rights, licenses,clearances,and permissions(including,but not limited to,all necessary publishing and record label clearances)required in connection with PURCHASER's capture and/or exploitation of the same.Notwithstanding the foregoing,and further to any additional obligations of PURCHASER to indemnify PRODUCER/ARTIST contained in this Agreement,PURCHASER shall indemnify and hold harmless PRODUCER and ARTIST from any and all damage(s)it,or they,may sustain as a result of PURCHASER's failure to comply herewith. H.EXCUSED PERFORMANCE 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 or any material obligation under this Agreement,then ARTIST'S obligations hereunder will be fully excused,there shall be no claim for damages or expenses 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 payment provided for therein 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 present,ready,and willing to perform(but for the occurrence of such Force Majeure Event),then 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 to perform,PURCHASER shall remain responsible for all transportation,accommodations, expense reimbursements and any other payments or compensation for ARTIST and entourage pursuant to the terms of this Agreement. A"Force Majeure Event"shall mean any one or more of the following acts which makes any performance(s)by ARTIST contemplated by this Agreement impossible,infeasible or unsafe:act(s)of God;act(s)of regulation(s)of any public authority or bureau,civil tumult,epidemic,act(s)of the public enemy;act(s)or threats of terrorism;threats;insurrections,riots or other forms of civil disorder in,or around,the Engagement venue or which ARTIST reasonably believe jeopardizes the safety of ARTIST,any of ARTIST'S equipment,musicians or other performers,or any of ARTIST'S key personnel,;embargoes;labor disputes(including,without limitation,strikes,lockouts,job actions,or boycotts);fires;explosions; floods;shortages of energy or other essential services;failure of technical facilities;failure or delay of transportation;death;disability,illness,injury or other inability to perform of ARTIST,any of ARTIST'S musicians,other performers,crew,representatives or advisors,any of ARTIST'S family members,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. 3 I.INCLEMENT WEATHER Notwithstanding anything contained to the contrary 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 the performance(s)called for herein is prevented by such weather conditions,regardless of which party(ARTIST or PURCHASER)cancels the Engagement.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 touring party.ARTIST shall have the sole right to determine in good faith whether any weather conditions shall render the performance(s)impossible,infeasible,hazardous or unsafe. J.ARTIST'S RIGHT TO CANCEL PURCHASER agrees that ARTIST may cancel the 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 the Agreement in accordance with this Section G,ARTIST shall return to PURCHASER any deposit previously received by ARTIST or AGENT 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. K.PURCHASER DEFAULT 1)In the event PURCHASER refuses or neglects to provide any of the items herein stated or comply with any provisions hereunder,and/or fails to promptly make any of the payments as provided herein and/or fails to proceed with the Engagement and/or fails to furnish ARTIST or AGENT with any documentation,tickets or notice or proof thereof as required hereunder,at the times herein specified,then any such failure shall be deemed a substantial and material breach of this Agreement and ARTIST shall have the right(in ARTIST'S sole discretion),without prejudice to any other rights and remedies to:(i)immediately terminate this Agreement and cancel any or all remaining Engagement hereunder;(ii)retain all amounts already paid to ARTIST by PURCHASER as partial compensation for such breach;(iii)receive the full GUARANTEE(or unpaid balance thereof) plus all other payments and other compensation due pursuant to this Agreement and all out of pocket expenses incurred by ARTIST in connection with the Engagement or the transactions contemplated by this agreement;and(iv)ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this Agreement.For the avoidance of doubt,in all instances PURCHASER shall remain responsible for all transportation,accommodations,and expense reimbursements for ARTIST and entourage pursuant to the terms of this Agreement. 2)If,on or before the date of any scheduled Engagement,PURCHASER has failed,neglected,or refused to perform any contract with AGENT/ARTIST,and/or any contract with any third party relating to this Engagement,and/or any other contract with any other performer for any other engagement(whether or not related),or if the financial standing or credit of PURCHASER has been impaired or is in ARTIST or AGENT'S opinion unsatisfactory,ARTIST shall have the right to demand payment of the full GUARANTEE and all other compensation due pursuant to this Agreement.If PURCHASER fails or refuses to make such payment forthwith,then any such failure shall be deemed a substantial and material breach of this Agreement,and ARTIST shall have the right(in ARTIST'S sole discretion),without prejudice to any other rights and remedies,to:(i) immediately terminate this Agreement and cancel any or all remaining Engagement hereunder;(ii)retain all amounts already paid to ARTIST or AGENT by PURCHASER as partial compensation for such anticipatory breach;(iii)receive the full GUARANTEE(or balance thereof)and all other compensation due pursuant to this Agreement and all out of pocket expenses incurred by ARTIST in connection with Engagement or the transactions contemplated by this Agreement;and(iv)ARTIST shall have no further liabilities and/or obligations in connection with the Engagement or the transactions contemplated by this Agreement.For the avoidance of doubt,in all instances PURCHASER shall remain responsible for all transportation,accommodations,and expense reimbursements for ARTIST and entourage pursuant to the terms of this Agreement. L.INSURANCE/INDEMNIFICATION 1)PURCHASER shall obtain and maintain,from the date hereof through completion of the Engagement,public and comprehensive general liability insurance coverage in an amount of not less than Five Millions Dollars($5,000,000)per occurrence(but in no event in amounts less than the limits 4 required but the venue and/or as set forth in the ARTIST Rider,if any)indemnifying and holding ARTIST and ARTIST'S traveling party and ARTIST'S respective officers,directors,principals,agents,employees and representatives,harmless from claims and/or actions by any and all persons who suffer death,personal injury or property damage during or incidental to any performance given under this Agreement or arising out of or in connection with this Agreement.The foregoing policies maintained by PURCHASER shall contain a waiver(s)of subrogation with respect to the ARTIST and their respective officers,directors,principals,agents,employees and representatives,and each policy shall contain all appropriate riders and endorsements.PURCHASER will provide evidence of the existence of the insurance coverage referred to herein by naming ARTIST,and their respective officers,directors,principals,agents,employees and representatives,as"additional insureds"and providing ARTIST with originals or copies of certificates of insurance so reflecting and providing that ARTIST shall be notified in writing by the insurance carrier of any change or modification in the policy,not less than fifteen(15)days prior the effective date of such change.ARTIST'S failure to request,review or comment on any such certificates shall not affect ARTIST'S rights or PURCHASER'S obligations hereunder. 2)Without limiting the generality of the foregoing,PURCHASER hereby indemnifies and holds ARTIST,as well as their respective agents, representatives,principals,employees,officers and directors,harmless from and against any loss,damage or expense,including,without limitation, reasonable attorney's fees,incurred or suffered by or threatened against ARTIST or any of the foregoing in connection with or as a result of any claim for death,personal injury or property damage or otherwise brought by or on behalf of any third party person,firm or corporation as a result of or in connection with the Engagement,or any acts or omissions of PURCHASER or its employees,agents,or other representatives in connection with the transactions contemplated by this Agreement,which claim does not directly result from the gross negligence of the ARTIST. M.LIMITATION OF LIABILITY In no event shall ARTIST(nor any of their respective agents,representatives,principals,employees,officers,directors and affiliates)be liable to PURCHASER(or any third party)for any indirect,incidental,consequential,special,punitive(or exemplary),or any similar damages,including, without limitation,lost profits,loss of revenue or income,cost of capital,or loss of business reputation or opportunity,as to any matter under, relating to,or arising out of the Engagement or the transactions contemplated by this Agreement,whether in contract,tort or otherwise,even if ARTIST has been advised of the possibility of such damages.Under no circumstances shall the liability of ARTIST(or any of their respective agents,representatives,principals,employees,officers,directors and affiliates)exceed,in the aggregate,an amount equal to the lesser of(i)the amount of reasonably necessary out-of-pocket expenses directly incurred by PURCHASER in connection with the Engagement;or(ii)the amount of the GUARANTEE which ARTIST have actually received in accordance with the terms of this agreement.PURCHASER agrees that it shall not (and shall cause its affiliates not to)seek indirect,incidental,consequential,special,punitive(or exemplary),or any other similar damages as to any matter under,relating to,or arising out of the Engagement or the transactions contemplated by this Agreement. N.CONFIDENTIALITY PURCHASER agrees that the terms of the Contract are strictly confidential.Accordingly,PURCHASER shall not disclose the terms or contents of the Contract to any third parties unless(i)the other party agrees in writing to the disclosure,or(ii)disclosure is absolutely required by applicable law or court order.The parties hereby agree that each party may disclose the terms of the Contract and to its agents,employees,legal representatives or financial advisors as my be necessary in fulfilling the terms hereof.In addition to the foregoing,ARTIST has advised PURCHASER,and PURCHASER hereby acknowledges,that ARTIST's privacy is highly valued and requires all efforts be made to maintain confidentiality with respect to all information and material of every kind concerning ARTIST,ARTIST'S business,and ARTIST's professional and personal lives, activities and affairs(collectively,"Sensitive Information"),other than information or material publicly and intentionally disclosed by ARTIST. PURCHASER agrees that all Sensitive Information shall be deemed to be confidential,private,secret and sensitive,and shall be kept confidential and secret by PURCHASER.PURCHASER shall not,at any time,(a)disseminate,publish,state or in any other manner disclose any Sensitive Information which comes to the attention of or is derived by PURCHASER as a result of the Engagement or otherwise,subject to any disclosure which PURCHASER may be required to make by judicial process from a court of competent jurisdiction or otherwise as a matter of law;(b)give any interviews(whether oral or written)concerning Sensitive Information without ARTIST'S prior written consent;(c)write or prepare,or assist in the preparation of any books,articles,programs,or other oral or written communications which concern or discuss Sensitive Information;or(d)take any action,or make any remarks,that may harm or disparage ARTIST or ARTIST'S reputation or public image.For purposes of this paragraph, "PURCHASER"shall include its employees,agents and independent contractors. 5 O.NOTICES All notices required hereunder shall be given in writing at the address stated in the preamble of this Agreement. P.CONTROLLING PROVISIONS In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any riders,addenda,exhibits or any other attachments hereto,the parties agree that the provisions most favorable to ARTIST shall control. Q.ROLE OF AGENT Mint Talent Group acts only as an agent for ARTIST and assumes no liability hereunder and it is agreed that neither PURCHASER nor ARTIST will name Mint Talent Group or any of its officers,directors,principals,agents,employees and representatives as a party in any civil action or suit anywhere in the world,arising out of,in connection with or related to any acts of commission or omission pursuant to or in connection with this Agreement by either PURCHASER or ARTIST. R.MISCELLANEOUS PROVISIONS 1)PURCHASER shall not commit ARTIST to any interviews,promotional appearances.Meet&Greets,photo opportunities or otherwise without ARTIST'S prior,written consent,which shall be given or withheld at ARTIST'S sole discretion. 2)PURCHASER shall not commit to any stage introductions whether from PURCHASER themselves or media presenter,DJ/celebrity personality, without ARTIST'S prior,written consent. 3)Nothing in the Agreement shall require the commission of any act contrary to applicable law or to any rules or regulations of any union,guild or similar body have jurisdiction over the services and personnel to be furnished by ARTIST to PURCHASER hereunder.In the event of any conflict between any provision of the Agreement and any such law,rule or regulation,such law,rule or regulation shall prevail and this Agreement shall be curtailed,modified,or limited only to the extent necessary to eliminate such conflict. 4)This(and any of ARTIST'S riders,addenda,exhibits or attachments hereto)constitutes the sole,complete and binding agreement between the parties hereto,and may not be amended,supplemented,altered or discharged except by an instrument in writing signed by the parties.If any part of the Agreement is determined to be void,invalid or unenforceable,such invalid or void portion shall be deemed to be separate and severable from the other portions of this Agreement,and the other portions shall be given full force and effect,as though the void and invalid portions or provisions were never a part of this Agreement. 5)This Rider and Contract shall be deemed made and entered into in the State of Illinois and shall be governed by the laws of such State applicable to contracts entered into and wholly to be performed therein.The State or Federal courts located in Chicago,IL shall have exclusive jurisdiction over any disputes arising hereunder and the parties hereto agree to submit to the jurisdiction of these courts.In such an event,the prevailing party to such dispute shall have the right to be reimbursed by the other party for its reasonable attorneys'fees. 6)PURCHASER shall not have the right to assign or transfer this Agreement,or any provision thereof. 7)The waiver of any breach of any provision of this Agreement shall not be deemed a continuing waiver,and no delay in exercise of a right shall constitute a waiver. 8)Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership,or joint venture,nor to make ARTIST liable in whole or in part for any obligation that may be incurred by PURCHASER,in PURCHASER'S carrying out any of the provisions hereto,or 6 otherwise. 9)The terms"ARTIST"and PURCHASER'as used herein shall include and apply to the singular and the plural and to all genders. 10)There shall be NO charge backs to ARTIST of any kind(including,but not limited to in relation to labor and/or production costs)under any circumstances unless such charge back is expressly agreed to and pre-approved in writing by ARTIST or AGENT. 11)THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO,AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY OF THE PAYMENT OF SAID PRICE IN FULL. 7 11) GUITAR STAGE RIGHT MASTER INPUT LIST - DRUM INPU@�OEY . 1) KICK 1) KICK 2) SNARE 2) SNARE B 3) PACK 1 3) RACK 1 BASS INPUT 4) RACK 2 (DIRECT) 4) RACK 2 ■ 120V S) FLOOR 1 5) FLOOR 1 B RO RY 8) OVEM-1=2 � ERIC 7) HERAT OVERH ✓n OVERHEAD 2 8) OVERHEAD 1 1fi)VO%STAGE RIGHT � 8) OVERHEAD 2 so120V 9) BASS (DIRECT) 10) GUITAR STAGE LEFT (SL) 11) GUITAR STAGE RIGHT(SR) 12) TENOR SAX 13) BARITONE SAX 1 16)VOXBARISAX 11)VOXTENORSAX 14) LEAD VOX rf 10) GUITAR STAGE LEFT 15) VOX - SR GUIT • � � GU iI 1 ) VOX - B. SAX 1]) VOX -T SAX 15)VOX STAGE IFFT 18) VOX - SL GUIT 13) BARITONE SA%-WIRELESS 12)TENOR SAX- WIRELESS (EQUIP. SONESAX-UPPLIED BY BAND) (EQUIP. SUPPLIED BY BAND) ., SPECIAL NOTES: TYLER■ 8 ■AARON Ol B ® B O BOTH SAXOPHONES HAVE NTMIC . OWN WIRELESS INSTRUMENT MICS. 120V 120V 120V 120V ■ � AC'H O LEAD VOX HAS HIS OWN MIC AND FX PEDAL AND WILL NEED ONE ADDITIONAL 20' XLR 14) LEAD VOX - SHURE 55 AND EX PEDAL CABLE. (EQUIP. SUPPLIED BY BAND) (NEED ONE EXTRA XLR - 201) O LEAD vox WILL HANDLE ALL HIS OWN EFFECTS AND SHOULD BE RUN DRY IN THE HOUSE O PLEASE KEEP FOGNAPOR TO A MINIMUM MONITORS - LEVELS AND PREFERENCES: DURING THE SET MONITORS PREFERRED- ONE PER BAND MEMBER 4 MONITORS MINIMUM - DRUMS, LEAD VOX, SAXOPHONES (SHARED), GUITAR STAGE LEFT * IF MORE THAN 4 BUT LESS THAN ] -ADD IN ORDER: GUITAR STAGE RIGHT, SECOND SAX, BASS LEAD VOX: DRUM: TENOR SAX: BARITONES E GUITARSL: GUITARSR: BASS: SELF (100%) KICK (100%) TENOR (100%) BARITONE (110%) GUITAR SL (10D%) GUITAR SR (100%) LEAD VOX (]0%) BASS (80%) SNARE (8O%) BARITONE (WI TENOR (90%) GUITAR SR (8B%) GUITAR SL (90%) HORNS (]0%) HORNS & GUITARS (60%) LEAD VOX (60%) VOX-T. SAX (80%) VOX- B. SAX (8(Z%) VOX-SL (90%) VOX SR (80%) GUITARS (]0%) OTHER VOX (50% HORNS & GUITARS (50%) GUITAR SL (60%) HORNS (601 BASS (50%) SNARE (70%) LEAD VOX (60%) COU No. 2324-200 DIGGIN DIRT BACKLINE PREFERENCES BASS • AMPEG SVT-CL AND AMPEG SCT-810E OR EQUIVALENT QUALITY MARKBASS/AGUILAR/GK BASS HEAD • 4X10(OR 8X10 IF AVAILABLE)CABINET BY AMPEG/MARKBASS/AGUILAR/GK OR EQUIVALENT QUALITY BRAND GUITAR • TWO(2)FENDER DELUXE OR TWIN REVERB OR EQUIVALENT QUALITY TUBEGUITAR AMPS DRUMS • 5 PIECE DRUM SET(YAMAHA PREFERRED, OR DW/PEARL/GRETSCH OR EQUIV.) NOTE: DRUMMER IS 6'5", PLEASE SUPPLY LONG LEGS FOR FLOOR TOM AND MEDIUM TO TALL SNARE STAND • CYMBALS* a ZILDJIAN OR SABIAN DARK CYMBALS PREFERRED a 2 CRASH CYMBALS(16-18 INCH) 0 1 RIDE CYMBAL(18-20 INCH) 0 1 SET OF HI-HAT CYMBALS (14 INCH) • NECESSARY STANDS/HARDWARE • HI-HAT CLUTCH • 1 SINGLE KICK DRUM PEDAL* • DRUM THRONE* *IN SOME CASES,THESE ITEMS WILL BE SUPPLIED BY BAND (DRUMS ONLY) HOSPITALITY • MEALS FOR SEVEN(7)IF POSSIBLE • SECURE GREEN ROOM SPACE TO PREPARE FOR SHOW(WITH COUCHES AND CHAIRS) • JUG/PITCHERS FILLED WITH COLD FILTERED DRINKING WATER(NO PLASTIC BOTTLES IF POSSIBLE PLEASE!!) • ORGANIC FRUIT(BERRIES,CITRUS,DRIED FRUIT) • SMALL VEGGIE&DIP PLATTER • ALMOND M&M'S • CHIPS AND SALSA AND/OR GUACAMOLE • TRAIL MIX • GRANOLA BARS • TEA KETTLE WITH TEA AND HONEY(THROAT COAT,GREEN TEA,JASMINE TEA)+MUGS • 1 CASE OF LOCAL TASTY BEER OF YOUR CHOICE • 12 CANS OF GRAPEFRUIT SPARKLING WATER(SPINDRIFT PREFERRED,LA CROIX IS GOOD TOO) • 8 CANS OF COCONUT WATER • EXTRA SPICY GINGER BEER