HomeMy WebLinkAboutC01-151 Marshal Austin Productionsontract #8735
P R O D U C T I O N ST'
13111 W. Alameda Pkwy., #28F
Lakewood, CO 80228
Ph (3 03) 988 -2200 FAX (303) 988 -1878
ADDITIONAL TERMS AND CONDITIONS AND
RIDER ATTACHED HERETO HEREBY MADE A PART OF THIS CONTRACT
THIS CONTRACT for the personal services of the musicians on the engagement described below is made
on May 5, 2001 between Eagle County Fair & Rodeo (hereinafter referred to as "PURCHASER") and PERFECT
STRANGER (hereinafter referred to as "ARTIST") whose services are furnished by MAE (hereinafter referred to as
"PRODUCER "). It us mutually agreed between the parties upon all the terms and conditions herein set forth,
including those entitled "Additional Terms and Conditions," as follows:
1. Place of Engagement: Eagle County Fairgrounds
Scaling: $14.00 general admission $6.00 children $10.00 seniors
Capacity: 2,650
2. Date of Engagement: Saturday, July 28,2001
a. Number of Shows: Two (2)
b. Time of Show(s): First show at approx. 1 Op
c. Length of Each Show: 45 minutes
3. Billing: (in all forms of advertising)
Artist shall receive 100% sole headlining billing
4. Full Price Agreed Upon: $10,900.00
5. Additional Provisions: MAE will also provide Staging, Lights, Sound, Monitors, Tech and a MAE
production representative on 7/28/01. Purchaser agrees to and will provide the following: access to
performance area at least six hours prior to doors ( Artist will not perform without a sound check
before doors at the venue are open), two able bodied loaders at load -in and immediately following
Artists last show at backstage for load -out, Five (5) double non - smoking hotel rooms on 7/28/01 at a
Commercial Hotel (ie. Holiday Inn, Best Western) with early check -in, an eight -foot table in a high
traffic area w /electrical outlits and a volunteer to sell souvenir items at no cost to Artist, security for
the autograph line, the following hospitality upon arrival ( (2) 12 packs of Dr. Pepper, (1) 12 pack of
Coca -Cola, (1) case of bottled water, 25 lbs. of ice), (6) 9 volt/ Duracell Alkaline batteries, (4) Double
AA/Duracell Alkaline batteries (Batteries are for the show), a hot meal for eight (8) immediately after
sound check, six (6) hand towels and (6) six bottles of water on stage for performance, secure parking
for a 48 -foot tour bus and available 240 volt power, a 15 passenger van w /driver to transport Artist
and Artists equipment to and from the hotel , electrical power run to the performance area for Sound
and Lights and a heated, ventilated, lighted comfortable dressing room near stage. Purchaser agrees
not to advertise engagement until deposit and signed contracts are received by MAE and a verbal
confirmation of such receipt with MAE is completed.
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6. All payments shall be paid by PURCHASER in US funds by CERTIFIED or CASHIER'S CHECK, or
CASH as follows:
a. $5,450.00 shall be paid to and in the name of the PRODUCER'S agent Marshall Austin
Productions, Inc. not later than 5/20/01.
b. The balance in the amount of $5,450.00 shall be paid to and in the name of the PRODUCER:
Marshall Austin Productions, Inc. not later than 7/20/01
7. Unless otherwise specified, engagement price includes all agents' commission due MARSHALL
AUSTIN PRODUCTIONS.
8. No performance of the engagement shall be recorded, reproduced or transmitted from the place of
performance, in any manner or by any means whatsoever, in the absence of a specific written agreement
from Artists relating to and permitting such recording, reproduction or transmission.
9. It is expressly understood by the parties hereto that neither the Federation nor the Local Union are parties .
to this contract in any capacity except as expressly provided in 6 above, and therefore, that neither the
Federation nor the Local Union shall be liable for the performance or breach of any provision hereof.
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first
above written.
rC, 6
Y by: K
Marshall Austin Entertainment, Inc. �
13111 W. Alameda Pkwy., #28F p O
Lakewood, CO 80228 ncaR¢�
Return all signed contracts to: MARSHALL AUSTIN PRODUCTIONS
13111 West Alameda Parkway, #28F
Lakewood, Colorado 80220
(303) 988 -2200 / Fax (303) 988 -1878
C
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ADDITIONAL TERMS AND CONDITIONS
LPURCHASER agrees to furnish and pay for at its own expense (a) on the date and at the time of the performance(s) above -
mentioned, all that is necessary for the proper presentation of the entertainment presentation, including without limitation a
suitable theatre, hall or auditorium, well heated, ventilated, lighted, clean and in good order, stage curtains, properly tuned grand
piano(s) and public address system in perfect working condition including microphone(s) in number and quality required by
PRODUCER, dressing rooms, all necessary electricians and stagehands, all lights, tickets, house programs, all licenses
(including musical performing rights licenses), special police, ushers, ticket sellers, ticket takers, appropriate and sufficient
advertising in the principal newspapers, (b) all music royalties in connection with PRODUCER'S use of music, and in addition,
the costs of any musicians (including Contractor) other than those furnished by PRODUCER as part of PRODUCER'S regular
company, (c) all amusement taxes, (d) if PRODUCER so requires, all necessary facilities, electricians, stagehands and other
personnel for lighting and dress rehearsals, and (e) 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 proper presentation of the
entertainment presentation hereunder, and any rehearsals therefor, except for those items and personnel which PRODUCER
herein specifically agree "s to furnish. PRODUCER shall have the right to name the local music contractor and to approve the
musicians hired locally.
2.In the event of sickness or of accident to ARTIST, or if a performance is prevented, rendered impossible or infeasible by any
act or regulation of any public authority bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services,
war conditions or emergencies or any other similar or dissimilar cause beyond the control of PRODUCER, it is understood and
agreed that there shall be no claim for damages by PURCHASER and PRODUCER'S obligations as to such performances shall
be deemed waived. In the event of such non - performance for any of the reasons stated in this paragraph, if ARTIST is ready,
willing and able to perform, PURCHASER shall pay the full compensation hereunder, otherwise, the monies (if any) advanced
to PRODUCER hereunder, shall be returned on pro -rata basis.
3.Inclement weather rendering performance impossible, infeasible or unsafe shall not be deemed a force majeure event payment
of the agreed upon compensation shall be made notwithstanding. If PURCHASER and PRODUCER disagree as to whether
rendition of performance(s) is impossible, not feasible or unsafe because of inclement weather, PRODUCER'S determination as
to performance shall prevail. Artist will not perform on a wet stage.
4.In the event PURCHASER refuses or neglects to provide any of the items or to perform any of its obligations herein stated,
and /or fails to make any of the payments as provided herein, PRODUCER shall have the right to refuse to perform this contract,
shall retain any amounts theretofore paid to PRODUCER by PURCHASER, and PURCHASER shall remain liable to
PRODUCER for the agreed price herein set forth. In addition, if, on or before the date of any scheduled performance,
PURCHASER has failed, neglected, or refused to perform any contract with any other performer for any other engagement, or if
the financial standing or credit of PURCHASER has been impaired or is in PRODUCER'S opinion unsatisfactory, PRODUCER
shall have the right to demand the payment of the guaranteed compensation forthwith. If PURCHASER fails or refuses to make
such payment forthwith, PRODUCER shall have the right to cancel this engagement by notice to PURCHASER to that effect,
and to retain any amounts theretofore paid to PRODUCER by PURCHASER and PURCHASER shall remain liable to
PRODUCER for the agreed price herein set forth.
5.The entertainment presentation to be furnished by PRODUCER hereunder shall receive billing in such order, form, size and
prominence as directed by PRODUCER in all advertising and publicity issued by or under control of PURCHASER. ARTIST'S
name or likeness may not be used as an endorsement or indication of use of any product or service nor in connection with any
corporate sponsorship or tie -up, commercial tie -up or merchandising without PRODUCER'S prior written consent.
6.PURCHASER shall not itself nor shall it permit others to record, broadcast, televise, photograph or otherwise reproduce the
visual and/or audio performances hereunder, or any part thereof.
7.PRODUCER shall have the exclusive right to sell souvenir, ballet books, photographs, records 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.
8.Unless stipulated to the contrary in writing, PURCHASER agrees that PRODUCER may cancel the engagement hereunder
without liability by giving the PURCHASER notice thereof at least sixty (60) days prior to commencement date of the
engagement hereunder.
9.PRODUCER shall have exclusive control over the production, presentation and performance of the engagement hereunder as
well as the means and methods employed in fulfilling each obligation of PRODUCER hereunder in all respects and in all details.
PRODUCER shall have the sole right, as PRODUCER may see fit, to designate and change at any time the performing personnel
other than the ARTIST(s) specifically named herein.
10TURCHASER agrees (a) to comply promptly with PRODUCER'S directions as to stage settings for the performance
hereunder, (b) that no performers other than those to be furnished by PRODUCER hereunder will appear on or in connection
with the engagement hereunder, (c) that no stage seats are to be sold or used without PRODUCER'S prior written consent, and
Page 4 of 4 of Contract # 8735
(d) that the entertainment presentation will not be included in a subscription or other type of series without the written consent of
PRODUCER.
11.It is agreed that PRODUCER signs this contract as an independent contractor and not as an employee. This contract shall not,
in any way be construed so as to create a partnership, or any kind of joint undertaking or venture between the parties hereto, nor
make PRODUCER liable in whole or in part for any obligation that may be incurred by PURCHASER in PURCHASER'S
carrying out any of the provisions hereof or otherwise. Purchaser will be responsible for any sales tax in connection with the
concert, except for Artist's concession sales. A statement or copy of the tax law is to be attached to the contract.
12.Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union,
guild or similar body having jurisdiction over the services and personnel to be furnished by PRODUCER to PURCHASER
hereunder. If there is any conflict between any provision of this Agreement and any law, rule or regulation shall prevail and this
Agreement shall be curtailed, modified, or limited only to the extent necessary to eliminate such conflict. PURCHASER agrees
to 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.
13.In the event of any inconsistency between the provisions of any riders, addenda, exhibits or any other attachments hereto, the
parties agree that the provisions most favorable to PRODUCER and ARTIST shall prevail.
14.PURCHASER hereby indemnifies and holds PRODUCER and ARTIST, as well as their respective agents, representatives,
principals, employees, officers and directors, harmless from and against any loss, damage or expense, including reasonable
attorney's fees, incurred or suffered by or threatened against PRODUCER or ARTIST or any of the foregoing in connection
with or as a result of any claim for 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, which claim does not result from the active and
willful negligence of the ARTIST and /or PRODUCER.
15.Marshall Austin Productions acts herein only as agent for PRODUCER and is not responsible for any act of commission or
omission on the part of either PRODUCER, ARTIST or PURCHASER. In furtherance thereof and for the benefit of Marshall
Austin Productions, it is agreed that neither PURCHASER nor PRODUCER will name or join Marshall Austin Productions as a
party in any civil action or suit arising out of, in connection with, or related to any act(s) of commission or omission of
PURCHASER, ARTIST or PRODUCER.
16.This contract (a) cannot be assigned or transferred without the written consent of PRODUCER, (b) contains the sole and
complete understanding of the parties hereto and (c) may not be amended, supplemented, varied or discharged, except by an
instrument in writing signed by both parties. The validity, construction and effect of this contract shall be governed by the laws
of the State of Colorado, regardless of the place of performance. This contract is not binding upon PRODUCER until executed
and delivered by PRODUCER or PRODUCER'S designee to PURCHASER. THE PERSON EXECUTING THIS
AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS/HER AUTHORITY TO DO SO AND SUCH PERSON
HEREBY PERSONALLY ASSUME LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL. The terns
"PRODUCER", "ARTIST" and "PURCHASER" as used herein shall include and apply to the singular, the plural and to all
genders.
17.In the event PRODUCER/ARTIST are re- booked into any establishment owned or controlled by the PURCHASER within
eighteen (18) months of termination of this Agreement, PURCHASER agrees to be jointly and severally liable for payment of
commission to agent at the same rate as provided under this Agreement.
WIRE TRANSFER INFORMATION:
Wells Fargo Bank
(303) 914 -4055
Marshall Austin Productions Inc.
Account #823 - 0130254
Routing #102000076
C,i
WEEKLY UPDATE
AGENDA REQUEST FORM
Garden Level Classroom
DATE SUBMITTED: 5-14-01 PERSON SCHEDULING:Ll
AMOUNT OF TIME NEEDED(circle one): 5 mins. 10 mins. 15 mins.
PRESENTER(S):
REQUESTED ACTION: -4AL f' c1Z/-- �i�..� -1--,�
,o
BACKGROUND:
Rev. 9/28/99
Jack W. Ingstad, County Administrator
MARSHALL
AusTrn
E NTERTAINMENT, INC.
INTEGRITY IN ENTERTAINMENT SERVICES
PLEASE SIGN ALL CONTRACT COPIES AND:
z) �ut� ��� y �� s/
RETURN ALL COPIES TO THIS OFFICE. A FULLY
EXECUTED COPY WILL BE FORWARDED TO YOU
UPON COMPLETION OF SIGNATURES.
KEEP ONE COPY FOR YOUR RECORDS.
PLEASE SIGN AND HOLD FOR LEADER'S
SIGNATURE. YOU MAY KEEP YELLOW COPY FOR
YOUR RECORDS. LEADER MAY KEEP THE GOLD
COPY. PLEASE RETURN OTHER COPIES.
DELAY MAY RESULT IN CANCELLATION
OF THE ENGAGEMENT.
P.O. Box 28 F ( #16) • Lakewood, CO.80228 • (303)988 -2200
