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HomeMy WebLinkAboutContract 1712 peace hisquit This agreement is made effective as of May 20th 2016,between City of Cathedral City with an address of 68700 Avenida Lalo Guerrero,Cathedral City,CA 92234,hereafter referred to as Purchaser and Ultra Nate hereafter referred to as Artist(herein represented by Peace Bisquit Productions&Management).Purchaser agrees to the hiring of Artist. Said Artist is to perform services at: Venue name:Outside Stage Event:2017 Cathedral City LGBT Days Location:68700 Avenida Lab Guerrero,Cathedral City,CA 92234 Event Date:Friday,March 24th of 2017 Soundcheck:TBC/Set time:7pm Therefore the parties agree as follows: 1.Description of Services: On the aforementioned date,location and time,Artist will undertake all reasonable efforts to perform a 25-30 minute Live PA.It is left to the Artist's discretion whether or not she will perform an encore,but she agrees to the aforementioned minimum. 2.Compensation: The full payment is agreed to be in the amount of$5,000.00(Five Thousand US Dollars).The first half deposit in the amount of$2,500.00(Two Thousand Five Hundred US Dollars)is payable to and in the name of the Artist in way of wire payment(you must cover all transaction fees your financial institution might be charging)within ten(10)business days of issue of this agreement or the proposed engagement is subject to cancellation.The equal balance due amount is due upon arrival at the event location in Cashier's Check,and prior to the performance.No exceptions. 3.Complimentary tickets and passes: Purchaser shall provide,at Purchaser's expense,ten(10)complimentary tickets for each performance. Tickets shall be given to Artist's road manger upon arrival at venue.Purchaser shall also provide ten(10)backstage passes for each performance. Passes shall be given to Artist's road manager or representative immediately upon arrival at the venue. 4.Merchandising: Artist,or its designee shall have the sole and exclusive right,without obligation to any party,to sell and distribute merchandise of any kind at the Engagement including,without limitation, merchandising containing the name,voice,likeness,and logo of Artist and any member thereof (collectively"Artist Merchandise").Unless otherwise agreed to in writing producer shall 100%of the gross receipts resulting from the sale of Artist merchandise.Purchaser shall provide,at its sole cost,well lit,secure,prime locations for merchandising. Producer shall have sole approval over any vendors selling Artist Merchandise. Purchaser shall,at its sole cost,prohibit the sale or distribution of all unauthorized or so-called"bootleg"merchandise on or adjacent to the Venue. 5.Advertising: No advertising shall commence before documents are signed by all parties.Advertising must be approved by management and include approved images,logos and links to related web pages. PEACE BISQUIT Phone:718-789-1689 Fax:718-789-1665 963 Kent Avenue,Building E-#3 Brooklyn,NY 11205-U.S.A (initial) , , 3 peace bisquit 6.Dressing Room/Catering: Purchaser shall provide at his sole cost and expense 1 dressing room with a lockable door.The dressing room shall be clean and comfortable,and shall contain adequate lighting,mirrors,and comfortable seating and private toilet facilities.Purchaser shall provide the following items in each dressing room: -One(1)full-length mirror -One(1)scented candle -Five(5)towels -One(1)couch -Two(2)chairs -One(1)long table -One(1)long clothes rack Purchaser shall provide the following for one dressing room before sound check: -2 bottles of BAKAL vodka(if available) -Hot water,herbal teas,coffee and honey -Halls throat lozenges -Spring/still(also for stage during performance) -Mineral Water or Seltzer Water -Orange juice&Cranberry juice -Wheat Whole crackers -Grilled Chicken(no fried!)or Lean Turkey -Green Salad with Oil&Vinegar Important:Please have basic hospitality and cold beverages available to the performers in the dressing rooms after the performance. Purchaser shall provide the following items after sound check,and preferably two(2)hours prior to the start of the show: -One(1)hot meal per day for two to four(2-4)people These meals should be INDIAN,THAI,ASIAN OR MEDITERRANEAN.Fresh green salad(WITH LEMON &OIL)/Fresh fruit/Coffee-tea/ Please:no fried foods,fast or chain franchise foods. All foods should be baked,steamed,or grilled only. 7.Sound/Lighting:Live PA TECH Requirements: Two(2)onstage monitors One(1)CD player with USB Flash drive playback capabilities One(1)wireless Shure UHF 58 microphone with a straight mic stand One(1)standard Shure microphone with cord—for backup purposes Purchaser must also provide a lighting system,which consists of an adequate number of instruments(Fresnels and Lekos)to cover the stage,adequately with six(6)washes/scenes. In addition to the above,please provide the following: Two(2)follow spots/Four(4)specials/Four(4)flood lights Gel colors should include amber R-04,blue R74,magenta R-46,purple R-56,red R-27,orange R- 23,no blue R-60,Avid green.Purchaser must provide a professional lighting operator and professional follow spot operators with headset communication to lighting console. ***Sound technician must be able to accommodate a Shure PSM200 TransMixer(Ear Monitor Transmitter),and have any MIC/LINE female adapter required for the mixer,to accommodate the Ear Monitor Transmitter. In addition,a power converter must be provided,from local,to US voltage of 110/120 Volts. PEACE BISQUIT Phone:718-789-1689 Fax:718-789-1665 963 Kent Avenue,Building E-#3 Brooklyn,NY 11205-U.SA (initial) 1C1.5 peace bisquit 8.Transportation: All travel by air(regular economy)or by train(first class)MUST be paid for by PURCHASER and confirmed with ARTIST before purchasing,for Two(2)people.Purchaser shall also provide and pay for ground transportation for Artist and crew which should accommodate a total of two(2) people and should be at Artist sole disposal commencing with the arrival of Artist at the airport and continuing through the Artist's stay in the jurisdiction both before and after the performance and returning to the place of departure. Local transportation may be in the form of a van or car with a professional driver who has a solid knowledge of the surrounding area. 9.Accommodation: Purchaser must provide and pay for two(2)King rooms(with private toilet and bath)to be available for early check-in and late check out(if air travel times require).Accommodations referably with a fitness room or at least a facility nearby within walking distance of hotel. These accommodations should be at a hotel of four(4)or five(5)star international rating and should cover artist's entire stay.Pre-arrpoved is DoubleTree by Hilton Hotel Golf Resort(67967 Vista Chino,Cathedral City,CA 92234) 10.Security: Purchaser must guarantee proper security at all times to insure the safety of Artist's instruments,costumes and personal property before,during and after their performance. Any loss or damage to Artist's property shall be the sole responsibility of Purchaser. 11.Sound Check: A sound check is required prior to performance. The places of engagement shall be ready and available to Artist at a predetermined time. Light and sound technicians that will operate the system during the Artist's performance must be available for soundcheck. 12.Reproduction: No portion of the performance rendered hereunder may be broadcast,photographed,recorded, filmed,taped or embodied in any form for any purpose of reproducing such performance without Artist's prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices. Without limiting in any way the generality of the foregoing prohibition,it is understood to include members of the audience,press,and Purchaser's staff. In the event that Purchaser,its agents,servants,employees,contractors,etc.reproduce,or cause to reproduce or cause to reproduced the Artist's performance in the form of films,tapes or any other means of audio or video reproduction,upon demand by Artist,Purchaser shall deliver all of the same(together with any and all masters,negative and other means of reproduction thereof)to Artist at Purchaser's sole cost and expense,in addition to all other legal or equitable remedies which Artist may have. 13.Artistic License: Artist shall have the sole and exclusive right as to the content,production and presentation of performance. 14.Cancellation: If,prior to the scheduled performance(s),it is found that the Purchaser has not fully performed its obligations under the agreement,including Rider requirements provided or that the financial PEACE BISQUIT Phone:718-789-1689 Fax:718-789-1665 963 Kent Avenue,Building E-#3 Brooklyn,NY 11205-U.S.A (initial) 1E9 peace bisquil credit of Purchaser has been impaired,Artist shall have no obligation to perform. Purchaser shall be liable to Artist for damages and reasonable attorney fees in addition to the compensation provided herein. It is also understood that the payment is non-refundable even in cases of cancellation due to Force Majeure,in which event parties have the right to re- schedule within 90(ninety)days of the original performance date,and at a mutually agreed upon date and location(if location is different than originally scheduled).Payment is only refundable in the occurrence or non-performance by Artist due to reasons in Artist's control. 15.Force Majeure: Artist's obligation to perform as referred to in this agreement is subject to detention or prevention by sickness,injury to body,disability,inability to perform,accident,means of transportation,loss of permits,Acts of God,riots,strikes,epidemics,fire,or any event or events similar or dissimilar beyond Artist's control in which case Artist shall have no liability of any kind to Purchaser. 16.Inclement Weather: Notwithstanding anything contained herein,inclement weather shall be deemed a Force Majeure occurrence and the Purchaser shall remain liable for the agreed upon talent fee even if the performance called for is prevented by such weather conditions.Artist reserves the right to determine,in good faith,whether any such weather conditions shall render the performance(s) impossible,hazardous,or unsafe. Inclement weather could mean a natural disaster such as a hurricane or any dangerous weather condition that poses public safety issues. In case of such event, Purchaser shall have the right to reschedule the performance at a mutually agreed upon • time within 60(sixty)days of the originally scheduled performance. 17.Insurance: Purchaser agrees to provide comprehensive general liability coverage to protect against any and all injury to person or persons or property as a consequence of the installation and/or operation of the equipment and instruments provided or used by the Artist,Purchaser or any of its employees,contractors and agents insuring against fire,vandalism,theft,riot,or any event causing harm or damage to loss of instruments or equipment.Purchaser also agrees to provide a policy for worker's compensation covering all employees of Purchaser and Artist. 18.Entire Agreement/Modification Of Contract: This rider together with the Contract attached constitutes the entire agreement between the parties and may not be assigned,amended,altered,canceled or in any way changed without express consent of Artist. 19 Choice Of Law/Forum: This agreement shall be deemed made and entered into in the State of New York and shall be governed by all of the laws of such State applicable to agreements wholly to be performed therein. 20.Paragraph Headings: Paragraph headings are inserted in this Rider for convenience only and are not to be used in interpreting this agreement. PEACE BISQUIT Phone:718-789-1689 Fax:718-789-1665 963 Kent Avenue,Building E-113 Brooklyn,NY 11205-U.SA (initial) .. 3 peace 6isquit The Purchaser has read this entire contract and fully understands and agrees to all terms and conditions listed within. 14 —>. . On Behalf of the Artist: Date: May 24th 2016 Sign here date here On Behalf of the Purchaser: Date: - � Si ��� r h i ,`'/C Charles P.McClendon,City Manager c/o City of Cathedral City 68700 Avenida Lab Guerrero,Cathedral City,CA 92234 Tel:(760)770-0372/Email:cparman @cathedralcity.gov PEACE BISQUIT Phone:718-789-1689 Fax:718-789-1665 963 Kent Avenue,Building E-113 Brooklyn,NY 11205-U.S.A (initial)