HomeMy WebLinkAboutRunaway June contract Ellensburg WAi 1679 75888540:svc-p0vdf0matver8eir6eeiv766 p 7571v230e:4ri4hat-:t864r9 51411klkC8 viB79v59Drv68k9vi577Ae6k56 6
CREATIVE ARTISTS AGENCY
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BV#AAGAnNFdf-aFm2u0F 21st F-fRFEpF Mar, 2023 FMamyaa,F RJ Touring, Inc. Fb2atau,fpmatFtapatta-FmEFf0F"COMPANY"woFpPt,u02u,(Fm2aF0at:usa0FEpFm2aF
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"PURCHASER"wgF"mFu0FdPmPfhhRFf(taa-FPcE,FMamyaa,Fm2aFcftmua0Ff0FpEhhEy04FN2aFPURCHASERF2ataMRFa,(f(a0Fm2aFCOMPANYFf,-Fm2aFCOMPANY
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DATE LOCATION VENUE #SHOWS SHOW TIME ARTIST SET
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DEAL TERMS:23,500 USD Guarantee.
Deposit(s) Due:Purchaser warrants and represents it is prohibited by state law from making any deposit payments related to this
Agreement prior to Artist's performance of services on the date of the Engagement. Deposit structure must be MFN
(Most Favored Nations).
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BhhF-acE0um0F02fhhFMaFcfu-FMRFPURCHASERFmEFCREATIVE ARTISTS AGENCY, LLC's ("CAA")Fshua,mFmtP0mFfssEP,mFE,FMa2fhpF
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s2as3oFchaf0aFdf3aFcfRfMhaFmEFRJ Touring, Inc.gFB,RFtaqPuta-Fu,sEdaFmfxFtacEtmu,(FEMhu(fmuE,0FEpFSPts2f0atFpEtF
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ARTISTF,EFhfmatFm2f,FctuEtFmEFcatpEtdf,saoFa:a,u,(FEpFa,(f(ada,mg
WIRE TRANSFER SHOULD BE SENT TO:
Bank USD wire information: kumRFnfmuE,fhFlf,3
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Account #: i8iv161v16i
ABA #: iee8i 8
Swift code: k"nBi J
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NOTE:
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Billing:Btmu0mFmEFtasau:aFi88%FkEvHaf-hu,aFMuhhu,(g
Performance Length:Btmu0mFmEFcatpEtdFE,aFsEdchamaF0amgFSPts2f0atFtaqPa0m0FE,aF17Fdu,PmaF0amg
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Support Talent:RUNAWAY JUNEFmEFsEv2af-hu,aFf,-FEca,oFkEhmFDEt-FbsE,WLtda-wFmEFsEv2af-hu,aFf,-FshE0ag
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Additional Provisions:Btmu0mFfcctE:a0F0PccEtmgF
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Merchandise:98/e8F0EpmoF68/i8F2ft-FvFBtmu0mF0ahh0
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TICKET SCALING:
Jul 3, 2023-8:45 PM (Public Event)NEmfh4 Kuhh04 kEdc04 ahhfMha4
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Capacity: 2,400 0 240 2,160 Gross Potential: 0.00 USD
Adj. Gross Potential: 0.00 USD
Net Potential: 0.00 USD
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"pFBtmu0mFu0FheadliningFm2u0Fa,(f(ada,m4F"All support talent is subject to Artist approval."
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Signed: (ARTIST/COMPANY)
COMPANY: RJ Touring, Inc.
Signed: (PURCHASER) BA: Brian Waymire
PURCHASER: Kittitas Valley Event Center, by Cory Wright - 205 W 5th Ave,
Ellensburg, WA 98926-2890
Booking #: 886136
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-There are no cancellation privileges for this contract by either party unless such cancellation is due to a material breach of the
contract, force majeure, or inclement weather.
-The parties agree and understand that the COVID-19 pandemic creates unique health
and safety issues that could prevent this engagement from occurring. With full
knowledge of this situation, the parties hereby agree to engage in good faith to discuss
any then current circumstances caused by the COVID-19 pandemic that may affect the
engagement and shall abide by the guidelines outlined below.
a. If any state, federal, or county governmental entity cancels/denies permits (e.g., ban
on mass gatherings) this shall be a Force Majeure event and all parties shall bear their
own costs and risk and all deposits shall be promptly refunded to Purchaser. The parties
shall work in good faith to try and reschedule the engagement.
b. If any state, federal, or county governmental entity requires a reduction in venue
capacity or imposition of other COVID-19 measures (e.g., no camping, temperature
checks, staggered entry) that Purchaser decides makes the show impossible the
Purchaser shall have the right to attempt to reschedule the engagement, propose new
deal terms for the existing engagement (e.g. two shows in the same day, reduced
guarantee) or cancel the event. If Purchaser makes a determination of impossibility
under this clause 31 days or more prior to the engagement Producer shall promptly
refund any deposit monies paid. If Purchaser makes a determination of impossibility
under this clause within 30 days or less of the performance date, Producer shall have the
right to retain ten (10%) of the artist's guarantee to cover expenses and any remaining
deposit monies shall be promptly refunded to Purchaser.
c. Poor ticket sales are NOT an excuse to cancel.
Chairman - Board of Kittitas County Commissioners
CAA/REG Terms & Conditions #2
Purchaser/End Buyer Signs or REG signs on behalf of Purchaser/End Buyer
2
The following additional terms and conditions are incorporated in and are part of the Agreement attached hereto.
1. PURCHASER agrees that it shall be solely responsible to provide a safe environment for the performances set forth in the Agreement (the
“Performances”) including but not limited to with respect to the staging, stage covering, grounding, supervision and direction of the Engagement, and
security, so that the Performances and all persons and equipment are free from adverse weather and other conditions, situation and events (“Adverse
Conditions”). COMPANY and Artist shall not have any liability for any damage or injury caused by such Adverse Conditions. PURCHASER further
agrees to furnish at its sole cost and expense all that is necessary for the proper presentation of the Performances, and if required by COMPANY, any
and all rehearsals therefor, including, but not limited to:
a. Equipment, materials, labor, licenses, permits, including, but not limited to, a suitable theater, hall or auditorium (well-heated, lighted,
clean, and in good order), stage and any other instruments specified by COMPANY, a public address system in perfect working condition (including
microphone(s) in number and quality as required by COMPANY), and comfortable, well-lighted dressing rooms;
b. All stagehands, stage carpenters, electricians, electrical operators, and any other labor as necessary and/or required by any national or
local union(s) to take in, hang, work, and take out all materials required for the Performance(s), including, but not limited to, scenery, properties and
baggage;
c. Any musicians and musical contractors, as may be required by any national or local union(s) in connection with the Performance(s), and
any rehearsals therefore; provided, however, that COMPANY shall have the right to name such musical contractor and to approve such musicians;
d. All lights, tickets, house programs, licenses, including, but not limited to, any performing rights licenses, special police and security,
ushers, ticket sellers for advance or single sales (wherever such sales take place), and ticket takers;
e. Appropriate and sufficient advertising and publicity as customarily provided on a first-class basis, including, but not limited to, bill-
posting, mailing, and distribution of circulars, advertising in the principal newspapers, and other media. PURCHASER shall pay all necessary
expenses in connection with such required advertising and publicity.
2. PURCHASER will comply promptly and professionally with COMPANY'S directions regarding the arrangement of stage decor and settings for
the Performance(s).
3. COMPANY will have sole and exclusive control over the production, presentation, and performance of the Performance(s), including but not
limited to, the details, means, and methods of the performances of the performing artist hereunder. COMPANY shall have the sole right as
COMPANY sees fit to designate and change, at any time, the performing personnel.
4. The Performance(s) to be furnished by COMPANY shall receive billing in such order, form, size, and prominence as directed by COMPANY.
5. PURCHASER will comply with all regulations and requirements of any national or local union(s) that may have jurisdiction over any of the
materials, facilities, services, and personnel to be furnished by PURCHASER or COMPANY, or otherwise used in the Performance(s);
6. PURCHASER will not have the right to broadcast or televise, photograph, or otherwise reproduce the Performance(s), or any part thereof unless
such is pre-approved in writing by Artist management, in Artist’s sole discretion. Still non-professional photos via personal handheld devices
permitted by audience members (specifically excluding any media or professional equipment, photographers, videographers, etc. unless such is pre-
approved in writing by Artist management, in Artist’s sole discretion). Purchaser shall be solely responsible to obtain and pay for any and all
necessary third party licenses, approvals, and consents in connection with any rights granted (if any) to or on behalf of Purchaser in connection with
the Agreement.
7. Except for local press in commercially reasonable numbers, any free admissions will be subject to COMPANY'S prior written approval.
8. In the event that payment to COMPANY is not based in whole or in part on the receipts of the Performance(s), then this Section 8 shall not apply
to the Agreement. In the event that payment to COMPANY will be based in whole or in part on the receipts of the Performance(s):
a. Ticket prices must be submitted to and approved by COMPANY in writing before tickets are ordered or placed on sale;
b. PURCHASER will deliver to COMPANY a certified statement of the gross box office receipts of each such performance within two (2)
hours following such performance; and
c. COMPANY will have the right to have its representative present in the box office at all times. Such representative will have the right to
examine and make extracts from box office records of PURCHASER relating to gross box office receipts of the Performance(s). COMPANY will
have the right, at its own expense, to audit PURCHASER's box office records relating to gross box office receipts of the Performance(s) upon
reasonable notice on or before the date two (2) years after the Performance(s). Such audit will be conducted during normal business hours, and at
PURCHASER's normal place of business where PURCHASER maintains such receipts.
9. COMPANY will have the sole and exclusive right, but not the obligation to sell souvenir programs and other souvenir items, including audio
CAA/REG Terms & Conditions #2
Purchaser/End Buyer Signs or REG signs on behalf of Purchaser/End Buyer
3
recordings in any and all formats and media, in connection with, and at, the Performance(s). The receipts thereof will be paid to COMPANY and
PURCHASER (if applicable) at the split rate as set forth on the face page of the CAA Agreement. PURCHASER will make reasonable
accommodations to facilitate COMPANY's sales activities.
10. Unless otherwise mutually agreed and specifically set forth on the face page of the CAA Agreement, PURCHASER agrees that COMPANY may
cancel the Performance(s) hereunder, in COMPANY's sole discretion, by providing at least thirty (30) days’ notice to PURCHASER prior to the
Performance(s) date. In such event, COMPANY will return any amounts previously paid by PURCHASER pursuant to this Agreement, and shall
have no further obligations.
11. If, before the date of any scheduled performance, it is found that PURCHASER has not performed fully its obligations under any other
agreement with any party for another engagement, or that the financial credit of PURCHASER has changed, been misrepresented or been impaired,
COMPANY may cancel the Agreement without payment or penalty of any sort.
12. In the event that PURCHASER fails or refuses fully to perform any of its obligations hereunder, including but not limited to timely making any
of the payments required by this Agreement:
a. COMPANY, in its sole and exclusive discretion, may immediately terminate this Agreement;
b. COMPANY will have the right to retain any amounts theretofore paid by PURCHASER;
c. PURCHASER will immediately reimburse COMPANY for any out-of-pockets costs incurred by COMPANY and/or Artist as a result of
PURCHASER's breach;
d. PURCHASER will remain liable to COMPANY for the guarantee and any additional compensation due COMPANY, as set forth in the
Agreement; and
e. COMPANY and/or Artist will be entitled to assert all claims and to exercise all rights and remedies available, whether at law or in
equity.
Purchaser shall be granted a reasonable opportunity to cure said breach (if curable) within a reasonable amount of time; however, in no event shall
any cure period extend later than prior to Artist’s commencement of travel to the Performance. Notwithstanding the foregoing, there shall be no cure
period for failure to make timely payments hereunder.
13. In the event of an alleged material breach of this Agreement by COMPANY and/or Artist, PURCHASER agrees that the maximum damages
which PURCHASER may seek to recover will be limited to necessary out-of-pocket expenses directly incurred by PURCHASER relating to the
Performance, including out-of-pocket costs, taking into account any amounts that PURCHASER recovered or could have recovered using its best
efforts to mitigate its damages. Notwithstanding the foregoing, PURCHASER will not be entitled to recover any alleged lost profits or similar
damages.
14. Currency. Unless otherwise provided herein, CAA will hold all deposits in United States Dollar accounts. Purchaser shall bear any currency
conversion risks associated with delivering funds in other than United States Dollars or requesting deposit refunds (when such refunds are applicable)
in other than United States Dollars.
15. Force Majeure/Inclement Weather.
a. A "Force Majeure Event" is defined as one or more of the following causes beyond the parties’ reasonable control which renders
performance impossible, impracticable, or unsafe: death, illness of, or injury to Artist or a member of Artist's immediate family, any of Artist's
musicians, or any of COMPANY's key personnel; theft, loss, destruction, or breakdown of instruments or equipment owned or leased by COMPANY
or Artist; fire; threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in, around, or near the Performance(s) venue; strike, lockout, or
other forms of labor difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God; absence of power
or other essential services; failure of technical facilities; failure or delay of transportation not within COMPANY's or Artist's reasonable control;
and/or any similar or dissimilar cause beyond COMPANY's or PURCHASER's reasonable control.
b. If a Force Majeure Event occurs, and in the event that PURCHASER has agreed to pay any of Artist’s/Company’s expenses in
connection with the Engagement as set forth on the face page of the Agreement or in a separate writing between Artist/Company and an authorized
representative of Purchaser (email sufficing) (including without limitation travel expenses, backline, production, hotel rooms, ground transportation,
and/or similar expenses; provided such expenses are set forth on the face page of the Agreement or in a separate writing between Artist/Company and
an authorized representative of Purchaser (email sufficing)), PURCHASER will pay COMPANY for any reasonable and necessary out of pocket
costs and expenses incurred (or not cancelable or refundable, as applicable, and will be incurred by COMPANY and/or Artist) by COMPANY and
Artist in connection with the Engagement (unless otherwise mutually agreed in writing, or specifically set forth on the face page of the CAA
Agreement, that some greater amount be paid to COMPANY in such event and further provided that no amount shall exceed the amount set forth on
the face page of the CAA Agreement), and the parties' respective obligations hereunder will otherwise be excused fully, without any additional
obligation, subject to the provisions of Section 15(c) below, and each of the parties shall bear its own costs incurred in connection with this
Agreement.
c. Notwithstanding the foregoing, if Artist has commenced performance, PURCHASER will nonetheless pay COMPANY the full amount of
CAA/REG Terms & Conditions #2
Purchaser/End Buyer Signs or REG signs on behalf of Purchaser/End Buyer
4
the guarantee set forth in this Agreement.
15.1 In the event that this Agreement concerns a support artist performance, and the headline artist of such engagement does not perform for any
reason (except a Force Majeure Event cancellation or Inclement Weather cancellation, which also results in cancellation of Artist’s performance, for
which this Section 15, would then apply), if Artist is ready and willing to perform the services set forth herein, COMPANY will be entitled to receive
the full, agreed upon compensation set forth in this Agreement.
15.2. Inclement Weather. Notwithstanding anything contained to the contrary herein, inclement weather shall not be deemed a Force Majeure Event.
Unless otherwise mutually agreed and specifically set forth on the face page of the CAA Agreement, PURCHASER shall remain liable for payment
to COMPANY for the full guarantee plus all other compensation set forth hereunder if the Performance(s), whether in whole or in part, is rendered
impossible, infeasible or unsafe by inclement weather conditions. For clarification, PURCHASER shall remain responsible for all other terms and
conditions of this Agreement regardless of whether the occurrence of inclement weather or a Force Majeure Event takes place, including, without
limitation accommodations, transportation, and expense reimbursements for Artist and touring party, only as previously negotiated and agreed to on
the face page of the CAA Agreement and, where applicable, such costs are actually incurred, or are non-refundable or non-cancellable.
15.3 All terms of this Section 15, including Section 15.1 & 15.2, as well as any terms on the face page of the CAA Agreement addressing Force
Majeure Events and/or Inclement Weather, if and as applicable, shall be on a most favored nations basis with all other artists performing at the event
(e.g. fair, festival, rodeo, etc.). In the event any other performing artist is entitled to more favorable terms than Artist or Company hereunder,
PURCHASER shall immediately notify COMPANY of such in writing, and COMPANY and Artist shall automatically be entitled to such more
favorable terms, in COMPANY and Artist’s sole discretion. Notwithstanding anything to the contrary herein, in the event the entirety of the Event is
not cancelled or refunds are not issued despite a Force Majeure Event or Inclement Weather or PURCHASER has cancellation insurance,
COMPANY shall nonetheless be paid in full.
16. Insurance
a. PURCHASER agrees to provide public and general liability insurance coverage, including without limitation, public and general
liability automobile, liability, and comprehensive coverage, in an amount not less than $1,000,000 per occurrence (or such higher amount as required
by law or mutually agreed by the parties) to protect against any claim for personal injury or property damage otherwise brought by or on behalf of
any third party, person, firm, or corporation as a result of or in connection with the Performance(s). For any engagement at which the allowable
capacity is Thirty Thousand (30,000) or more attendees, the required commercial general liability insurance coverage limit shall be in an amount of
not less than Five Million Dollars ($5,000,000), or its local currency equivalent, per occurrence; and for any engagement at which the allowable
capacity is Fifty Thousand (50,000) or more attendees, the required commercial general liability insurance coverage limit shall be in an amount of not
less than Ten Million Dollars ($10,000,000), or its local currency equivalent, per occurrence.
b. PURCHASER shall maintain in effect (a) workers’ compensation insurance (or the equivalent thereof if workers’ compensation
insurance is not available) to the extent required by law, order, rule, or regulation governing the event, Performance and/or PURCHASER, and (b)
hired and non-owned automobile insurance. PURCHASER shall supply COMPANY with certificates of insurance showing coverage of the above at
least ten (10) business days prior to the Performance date; provided, however, that if PURCHASER does not provide such certificate by the
foregoing date, COMPANY may, in its sole discretion, terminate this Agreement. If PURCHASER has not provided certificates of insurance as set
forth herein, COMPANY may elect to perform the show; provided, however, that PURCHASER will be responsible nonetheless for the insurance
coverage specified herein.
c. The insurance policies described herein will contain provisions requiring the insurance company to give COMPANY at least ten (10)
days prior written notice of any revision, modification, or cancellation. Any proposed change in certificates of insurance will be submitted to
COMPANY for written approval prior to any such change taking effect.
d. All of the insurance requirements set forth above shall not be construed as a limitation of any potential liability on behalf of Purchaser.
All such insurance required above shall be primary and non-contributory unless otherwise set forth in the indemnification section.
17. Indemnification
a. Except to the extent such is directly due to negligence of Artist or COMPANY, PURCHASER shall indemnify, protect, and hold
COMPANY, Artist, the individual performing members of Artist, Artist's managers, accountants, attorneys, agents, and their respective contractors,
employees, licensees, and designees (collectively, the "Indemnified Parties") harmless, from and against any claim, demand, action, loss, cost,
damage, or expense whatsoever (including, without limitation, reasonable attorneys' fees) arising out of or in connection with (i) PURCHASER's
breach or alleged breach of the Agreement; and (ii) the Performance, including, but not limited to:
1. Any claim, demand, or action made by any third party, as a direct or indirect consequence of the Performance;
2. Any and all loss, damage, and/or destruction occurring to COMPANY's, Artist's, and/or their respective employees',
contractors', or agents' instruments and equipment at the place of the Performance, including, but not limited to, damage, loss, or destruction caused
by forces beyond the parties' control;
CAA/REG Terms & Conditions #2
Purchaser/End Buyer Signs or REG signs on behalf of Purchaser/End Buyer
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3. A breach or alleged breach of any warranty, representation, or agreement made by PURCHASER hereunder in connection
with the Performance, including, without limitation, any failure by PURCHASER to perform any agreement entered into between PURCHASER and
any third party; and
4. Damage or injury to any patrons, or the venue, or any fixture or personal property therein, caused by fans or any others no t
engaged by COMPANY. For the avoidance of doubt, no claim, deduction, or offset will be made by PURCHASER in respect of same, unless proof
of such damage and the cause thereof is provided to COMPANY, and COMPANY expressly agrees to such claim, deduction, or offset in writing.
b. If an insurable risk occurs, resort to the procedures set forth in the insurance policies required hereunder, and any resulting remedies,
will be the first remedy of PURCHASER.
18. PURCHASER shall pay all taxes and fees incurred due to Performance(s), including all amusement taxes. Unless otherwise mutually agreed
upon and specifically set forth on the face page of the CAA Agreement, all payments shall be made in full without any deductions whatsoever.
PURCHASER shall be responsible for payment to the appropriate governmental and/or taxing authorities of any taxes and fees which are mutually
agreed to be withheld, if any, and PURCHASER shall indemnify, protect, and hold the Indemnified Parties harmless, from and against any claim,
demand, action, loss, cost, damage, or expense whatsoever (including, without limitation, reasonable attorneys' fees) arising out of or in connection
with such taxes and/or fees.
19. UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY IN CONTRACT,
TORT, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SIMILAR
DAMAGES THAT RESULT FROM THE PARTIES' PERFORMANCE OR NON-PERFORMANCE HEREUNDER, INCLUDING BUT NOT
LIMITED TO LOSS OF REVENUE OR LOST PROFITS, EVEN IF THE PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
20. Each party represents and warrants that it has the right and authority to enter into this Agreement, and that by entering into this Agreement, it
will not violate, conflict with, or cause a material default under any other contract, agreement, indenture, decree, judgment, undertaking, conveyance,
lien, or encumbrance to which it is a party or by which it may become subject. Each party shall, at its own expense, make, obtain, and maintain in
force at all times during the term of this Agreement, all applicable filings, registrations, reports, licenses, permits, and authorizations necessary to
perform its obligations under this Agreement. Each party shall, at its own expense, comply with all laws, regulations, and other legal requirements
that apply to it and this Agreement.
THE WARRANTIES SET FORTH IN THIS SECTION ARE THE ONLY WARRANTIES MADE BY EITHER PARTY. NEITHER PARTY
MAKES ANY OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PERFORMANCE. EACH
PARTY HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF
PERFORMANCE. EXCEPT AS SET FORTH HEREIN, NO ORAL OR WRITTEN INFORMATION GIVEN BY PURCHASER, COMPANY
AND/OR ARTIST, OR THEIR RESPECTIVE EMPLOYEES, AFFILIATES, OR AGENTS WILL CREATE A WARRANTY OR
REPRESENTATION AND EACH PARTY EXPRESSLY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS AGREEMENT IN
RELIANCE UPON ANY ALLEGED REPRESENTATION OR WARRANTY OF THE OTHER PARTY OR ANY OF ITS EMPLOYEES,
AFFILIATES, AGENTS OR REPRESENTATIVES.
21. This Agreement constitutes the sole, complete, and binding agreement between the parties hereto regarding the subject matter hereof, and
supersedes all prior communications between the parties. No amendment or modification of this Agreement shall be valid or binding upon the
parties unless made in writing and executed by an authorized representative of each party.
22. The Parties each acknowledge that CREATIVE ARTISTS AGENCY, LLC acts only as agent for COMPANY, and assumes no liability
hereunder.
23. Except for the Parties' acknowledgment in Section 22 above, that Creative Artists Agency, LLC assumes no liability hereunder, in the event of
any inconsistency between these Additional Terms and Conditions and Artist's Rider (attached hereto and incorporated by reference herein), the
terms of Artist's Rider (as mutually agreed) will control.
24. Any claim or dispute arising out of or relating to this Agreement or the breach thereof shall be settled by arbitration in accordance with the
commercial rules and regulations then in effect of the American Arbitration Association. The parties hereto agree to be bound by the award of such
arbitration and judgment upon the award may be entered in any court having jurisdiction thereof. Nothing in the Agreement shall require the
commission of any act contrary to law or to any rule or regulation of any union, or similar body having jurisdiction over the Performances or any
element thereof. Wherever or whenever there is any conflict between any provision of this 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.
25. In the event that the performing artist(s) are members of the American Federation of Musicians ("AFM"), PURCHASER agrees that a
representative of AFM will have access to the place of engagement covered by this agreement for purposes of communicating with the performing
artist(s) and PURCHASER; provided, however, that PURCHASER acknowledges that AFM is not a party to this agreement and is not liable for the
performance or breach of any provision hereof.
Jurisdiction for arbitration is to be the State of Washington.
AUDIO BACKLINE RIDER
Production Contact: Mitchell Furr (815) 716-0532
“Note that “Option 1” is most preferred
Consoles
Console (Monitors)
Option 1: Midas M32
Option 2: Behringer X32
Option 3: Avid VENUE Profile or SC48
Option 4: Yamaha CL5
Console (Front Of House)
Option 1: Midas M32
Option 2: Behringer X32
Option 3: Avid VENUE Profile or SC48
Option 4: Yamaha CL5
-Please supply a talkback to the monitor console and FOH console.
-If applicable, supply a “squawk box” speaker for FOH position
RF
IEMS
-(6) Channels
-See “RJ - IEM List” for routing
Option 1: Shure PSM 900 or PSM 1000s
Option 2: Sennheiser G4
Option 3: Sennheiser G3
Handheld Microphones and Instrument Packs (8 Channels Total)
-(4) Channels for Handheld Mics
-(3) Channels used. (1) for spare.
-SM58 Capsules Preferred
-(2) Channels for Instrument Packs
Option 1: Shure UR, or ULX-D, or QLX-D
Option 2: Sennheiser 2000 Series
Mics
(1) Shure Beta 52
-If not available, provide a AKG D112
(3) Shure SM57
(5) Shure sm81
-If not enough, use (2) for Overheads. (2) additional Shure SM57s for bottom
snare, and side snare bottom, and then an additional small diaphragm condenser for high hats.
(3)Shure PG48
-Any switchable mic will suffice for these talkback mics.
Cables
Appropriate number of XLR and stage boxes
Stands
(3) Small Boom Stands
-If possible, (2) LP claws could replace (2) of the small booms
(2) Medium Booms Stands
(9) Tall Boom Stands
BACKLINE RIDER Production Contact: Mitchell Furr (815) 716-0532
“Note that “Option 1” is most preferred
Drums
Kit
Option 1: Ludwig Legacy or Classic Maple
-22-24” Kick (with muffling) -Evans EMAD2 Clear
-13” Rack Tom - Remo Coated Emperor
-16” Floor Tom - Remo Coated Emperor
-14 x 6.5” Ludwig Supraphonic Snare - Remo Controlled Sound
-14 x 6.5” Ludwig Black Beauty (or DW equivalent or similar Black Nickel
over Brass) -Remo Controlled Sound
- 14 x 8” DW Performance Snare - Remo Controlled Sound
Option 2: Pearl Reference or Masters Series - Same dimensions as above
Option 3: DW Performance or Collectors - Same dimensions as above
Cymbals
Option 1: Meinl Byzance Traditional Cymbals or Foundry Series
-15-16” High Hats
-20-21” Crashes (2 or 3 crashes)
-22-24” Ride
Option 2: Zildjian K Series (Light, Dark, or Custom), Kerope, or Konstantinople
Option 3: Sabian Artisan or HHX or AAX
Hardware
-(x5) Double Braced Boom Cymbal Stands are fine- Gearless titler preferred
-High Hat Stand (2 or 3 legged stand is fine)
-(x3) Snare Stand
- Adjustable Laptop or Music stand (please confirm if you have this or not)
-Tama Iron Cobra 900 Kick Pedal or DW 9000 series Kick Pedal (similar series
backup if possible)
-Tall Adjustable Drum Throne
-Moongels (or equivalent dampening device)
Bass
Note: Please provide 1 backup amp head. NO GKs, Peaveys, or Ampeg SVT Pro4
heads.
Option 1:
-Ampeg SVT Classic Head
-8x10 Speaker Cabinet
Option 2:
-Mesa Big Block
-8x10 Speaker Cabinet
Option 3:
-Mark Bass 500-800 Series
-8x10 Speaker Cabinet
Electric Guitar Amps
- 2 amps are required.
Option 1: Matchless DC 30
Option 2: Fender Bassman (with external cabinet)
Option 3: Vox AC30 TBX or TB/6
Option 4: Fender Deluxe Reverb
Stage
-(x2) 4-6 Guitar Boats
-(x4) Individual Guitar Stands
-Spare Instrument Cables
-Roll of black gaff tape
TECHNICAL RIDER
Production Contact: Mitchell Furr (815)716-0532
mitch_furr@yahoo.com
Presentation, Content, and Production
The Purchaser agrees and accepts the following terms and conditions regarding the
presentation of the Artist’s show. The Artist shall have exclusive control over the presentation,
production, nature and conduct of their show, including production hired by the Purchaser in
connection with the performance. (This includes all lighting, sound reinforcement and monitor
systems, backline equipment and staging. In addition any or all equipment or apparatus or
systems in or adjacent to the venue of performance that may affect directly or indirectly the
Artist’s performance.
Stage
Purchaser agrees to provide a solid stage on one level of a minimum size of 24’ wide by 24’
deep by 2’ high (not including sound wings), with a minimum stage to ceiling clearance of 14’.
Stage must be set up with equipment (and backline on fly dates) prior to arrival of band/crew
with a minimum of 3 hours before show time, or 2 hours before doors. Stage shall be completely
free of deflection, cracks, obstruction, nails, etc. which might impede Artist’s movements.
STAGE MUST HAVE ROOF / COVERING FOR ARTIST.
Loaders, Stage Hand, and Electrician
A minimum of 4 loaders on the in and out of Artist’s load in will be provided by Purchaser, plus
stagehands for the changeover of show call will be required for Artist’s performance. A qualified
electrician will be required to tie-in sound and lights distros, and be on call at all times.
Runner
Purchaser shall provide one runner with a (15) passenger van who will need to be available at
load-in and be available until load-out is complete.
P.A. System and Monitors
The P.A. System professional quality and must be adequate to cover the venue, to the Artist’s
FOH Engineer, and it must be set up prior to the arrival of the band/crew. Note: Purchaser must
provide qualified personnel to provide assistance (see technical section for details)
Risers
(1) 8’x8’x18” Drum Riser (1) 4’x8’x18” Guitar Riser (1) 4’x’8’12” Bass Riser
Production Office
Artist requires a production office with one working phone line. Room must have a desk with an
office chair with wheels, two working electrical outlets, and internet (hardwired preferred).
Backdrop
Artist may be carrying a backdrop or other soft goods to be hung upstage of drum risers.
Stage Lighting
One high quality concert lighting rig capable of adequately lighting the stage and venue.
(Subject to production manager specs)
Artist will need one (1) professional lighting director for Artist’s performance. Lighting Operator
will need to have knowledge and experience with running lights for a Country / Rock show,
please have LD meet with Artist’s Production Contact during Sound Check for notes.
Spotlights
Purchaser will also supply to Artist for their performance (at no cost to Artist) Three (3) working,
high quality, professional spotlights and operators.
Soundcheck
Time shall be provided for sound check, at least 2 hours, at the request of the Artist. No patrons
shall be allowed to be present in the venue during sound check without expressed consent from
Artist’s Tour Manager.
INPUT LIST
#Input Mic Stands Notes
1 Kick Shure Beta 52 Small Boom Stand SL Upstage
2 Snare Top Shure sm57 Medium Boom Stand
3 Snare Bottom Shure sm81 Small Boom Stand LP Claw for stand if possible
4 Hats Shure sm81 Tall Boom Stand
5 Tom 1 Senn e604 Clip
6 Tom 2 Senn e604 Clip
7 OH HH Shure sm81 Tall Boom Stand
8 OH Ride Shure sm81 Tall Boom Stand
9 Snare 2 Top Shure sm57 Medium Boom Stand
10 Snare 2 Bottom Shure sm81 Small Boom Stand LP Claw for stand if possible
11 Perc L TRS to XLR at Drum World
12 Perc R “
13 Inst L “
14 Inst R “
15 Bgvs L “
16 Bgvs R “
17 Click “
18 Cue “
19 Bass DI Center Upstage
20 E Gtr Amp 1 Shure sm57 Small Boom Stand SR Upstage
21 E Gtr Amp 2 Shure sm57 Small Boom Stand SR Upstage
22 SL A Gtr Wireless Pack
23 C A Gtr Wireless Pack
24 SR Fiddle DI
25 SL Vocal Wireless sm58 Tall Boom Stand
26 C Vocal Wireless sm58 Tall Boom Stand
27 SR Vocal Wireless sm58 Tall Boom Stand
28 Drum TB Shure PG48 Tall Straight Stand Switchable Mic
29 Bass TB Shure PG48 Tall Boom Stand Switchable Mic
30 Guitar TB Shure PG48 Tall Boom Stand Switchable Mic
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