|
CONTRACT ADDENDUM
<br />Producer: EC TOURING, INC.
<br />Performance Date: SUNDAY, JULY 3, 2022
<br />Buyer: KITTITAS VALLEY EVENT CENTER
<br />Location: Kittitas Valley Event Center -Ellensburg, WA
<br />(Outdoor Show)
<br />1. CONFLICT WITH CONTRACT: All terms of this Addendum shall supersede any conflicting terms in the Contract/Producer rider, solely to
<br />the extent of conflict.
<br />2. CANCELLATION: There are no cancellation privileges for this contract by either party unless such cancellation is due to a material breach
<br />of the contract, force majeure, or inclement weather.
<br />3. MERCHANDISING: Except as may otherwise be stated in the agency -issued agreement ("Contract Face"), Producer shall pay twenty
<br />percent (20%) of merchandise sales to venue, less any tax, however Producer shall only be required to pay ten percent (10%) to venue for
<br />sales derived from cd's/dvd's and books, less any tax and Producer shall provide all necessary sellers.
<br />4. RADIUS PROTECTION FOR PERFORMANCE AND PROMOTION: Except as my otherwise be stated on the contract face, Artist /
<br />Producer shall not perform publicly within a radius of 150 miles from the Location listed above for a period beginning from the time of
<br />confirmation/acceptance of Buyer's offer, and running until 30 days following the Performance Date, unless Producer obtains Buyer's
<br />express written consent. Such consent shall not be unreasonably withheld.
<br />5. SOUND LEVEL CONTROL: It is an express condition of this contract that the Buyer shall have control of the maximum sound level
<br />volume at all times, in consultation with Producer. And Producer's sound engineer shall reasonably cooperate with Buyer to achieve a
<br />satisfactory maximum level. THIS WILL BE STRICTLY ENFORCED.
<br />6. MEET REET 1 MARKETING: Subject to the terms of the Contract Face and Producer/Artist Rider, Artist agrees to conduct a meet &
<br />greet with no more than 30 individuals at a time convenient for Artist. The meet & greet will be well organized and run smoothly and
<br />quickly. Event may request up to 30 photos signed by Artist. Artist agrees to assist in promotions and marketing for the event as their
<br />schedule allows. Buyer may request Artist interviews, radio and video liners, meet & greet passes for contest winners, and merchandise
<br />giveaways. Producer and Artist will limit on-site promotions to official Engagement sponsors and media partners, unless otherwise agreed.
<br />In the event Artist has any sponsorship and/or related obligations, Buyer and Producer will work in good faith to reasonably accommodate
<br />any such obligations without unduly interfering with Engagement sponsor and media partner rights.
<br />7. ADVANCE WITH BUYER: Producer's representative shall contact E=RIC i'+IIARCUSE (@, 615-347-5801 , not less than two (2) weeks prior
<br />to the Performance Date to advance all production and technical aspects related to Artist's performance. Producer shall make reasonable
<br />efforts to supplement any of their required production specifications with any equipment already provided by Buyer. Buyer shall make best
<br />efforts to accommodate as much production equipment as possible, subject to safety and structural limitations. In no event shall Buyer be
<br />required to use all of Producer's supplied production. If Producer requires any additional production equipment, which Buyer is not
<br />otherwise obligated to provide, such requests shall be subject to Buyer's approval. Additional equipment, unless otherwise previously
<br />agreed upon, (including backline, in -ear monitors, artist specified consoles, moving lights, and any other non-standard equipment) is to be
<br />provided by Producer and installed in accordance with venue safety protocols, to which Producer is made aware of in a separate writing.
<br />TAX & INSURANCE INFORMATION/PAYMENT: Producer shall complete and return the proper tax form (WT -11, W-9 or W4 -NA which
<br />has been supplied to artists booking agency). All cash requests are subject to Buyer's approval. Producer shall maintain its current
<br />insurance policy with limits to be not less than $1 million per occurrence and $2 million aggregate, and Producer shall have reasonable
<br />opportunity to cure any breach of policy limits. Upon request, Producer shall provide proof of such insurance. Producer shall be responsible
<br />for paying all of its own applicable taxes or dues in connection with the compensation received from Buyer, including, but not limited to, any
<br />employment withholding tax, union dues, and pension plans. For clarification, Buyer shall remain responsible (as stated under the
<br />applicable law) for withholding any tax on the compensation paid from Buyer to Producer (e.g., Buyer shall withhold any non-resident
<br />entertainer tax). In the event the Producer contracts with Buyer as an individual, as opposed to a legal entity, Buyer will require a COI
<br />(Certificate of Insurance) as detailed in this paragraph. If Producer contracts directly as an individual, they acknowledge that they shall
<br />carry their own general liability and workers compensation insurance as required by law in order to perform at this event. Producer's failure
<br />to comply with any workers compensation obligation imposed on Producer by applicable law shall be considered a breach of this
<br />agreement and Purchaser may, as its sole right and remedy, cancel the engagement as a result thereof (subject to Producer's reasonable
<br />opportunity to cure some upon timely, separate, and written notice from Purchaser).Artist/Producer further acknowledges that they must
<br />provide a COI to Romeo Entertainment Group/Buyer within ten (10) days of written request by Buyer. For clarification, It is expressly
<br />understood and agreed that the parties hereto are acting as Independent contractors with respect to one another and not as partners, co -
<br />venturers, joint venturers, employee -employer, agency or other affiliate relationship and, as such, neither party (including their respective
<br />contractors, agents, or employees) shall be eligible for the other's worker's compensation insurance benefits.
<br />CATERING: All catering requirements and requests must be mutually agreed upon between Producer and Buyer. All special food
<br />requests and allergy information should be submitted within two weeks prior to the Performance Date.
<br />10. FORCE MAJEURE: If either Party's obligations under this agreement are rendered impossible, hazardous or is otherwise prevented or
<br />impaired for reasons beyond a Party's control including, without limitation, a venue accident, a venue interruption, or failure as related to
<br />the venue, act(s) of God, riots, strikes, labor difficulties, epidemics, earthquakes, any act or order of any public authority, and/or any other
<br />cause or event including, but not limited to, acts of terrorism, similar or dissimilar, beyond either Party's control, then both Party's obligation
<br />
|