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HomeMy WebLinkAboutRJ Touring PSACAA Version #: l CREATIVE ARTISTS AGENCY 401 Commerce Street, Penthouse Nashville, TN USA 37219 +1 61 5 383 8787 0,?/GI/UAt AGREEMENTmadethis 2Ist dayof Ma'.2023 between RJTouring. lnc. (hereinafterreferredtoas"COMPANY"),furnishingtheservicesof the artist(s) professionally known as Runaway June (hereinafter referred to as'Artist") and Kittitas Valley Event Centei (hereinafter referred to as 'PURCHASER"). lt is mutually agreed upon between the parties as follows: The PURCHASER hereby engages the COMPANY and the COMpANy hereby agrees to furnish the entertainment presentation hereinafter described, upon alllcrms and conditions herein set forth. amended DATE LOCATION VENUE #SHOWS SHOW TIME ARTIST SET Mon Jul 3,2023 Ellensburg, WA DEAL TERMS: Deposit(s) Due: Performance Sound & Talent: Marketing: Additional Provisions: 23,500 USD Guarantee. Purchaser warrants and represents it is Agreement prior to Artist's performance (Most Favored Nations). Event Check All payments shall be paid by certified check, money order, bank draft, wire transfer to Company as the payee, or eash. All deposits shall be paid by PURCHASER to CREATIVE ARTISTS AGENCY LLC'S ('CM) client trust account on behalf of Company as the payee. While CAA will receive payment on behalf of Company, CAA is not the payee. lf paying by check, please make payable to RJ Touring. lnc.. Any required income tax reporting obligations of Purchaser for payments made hereunder shall be reported as solely for Company, regardless of payments sent to CAA on behalf of Company, including but not limited to deposits. Unless otherwise set forth above or on the contract face, BALANCE of guarantee, plus percentage payments, if any, and sound and lights payments, if any, to be paid by PURCHASER to ARTIST no later than BrieFte performance, evening of engagement. immediately following WIRE TRANSFER SHOULD BE SENT TO: Bank USD wire information: City National Bank 400 N. Roxbury Drive, 4th FL. Beverly Hills, CA 9021 0 Attn: Mariam Zakian Creative Artists Agency - Client Trust Account Account #:101-797-791 ABA #: 122016066 liT+T'i'l$;^T,i?,8ffi![il^?fXk Swift code: CINAUS6L lfri,:ff;$'lt?.t,1,,H,".."f,]l-Hf,I* We dO nOt aCCept ACH WifeS. lMINGAutIORllYovliRrlsEVuNr NOTE: Please include the name of the Artist and date of Performance on all transfers. All transfer fees to be remitter. Artist to receive I00% Co-Headline Artist to perform one set. Purchaser uests one 75 minute set. Patriot Night Under The Lights 7:00 PM 8+45+M 7:00 PM prohibited by state law from making any deposit payments related to this of services on the date of the Engagement. Deposit structure must be MFN as advanced and mutually agreed upon. Existing Event Production will be in place. Purchaser to provide and for first class sound,and Artist's RUNAWAY JUNE to co-headline and open, Colt Ford to co-headline and close.. Priorto announcing or scheduling on-sale date, purchaser MUST contact Fletcher Foster (FletcherF@F2Entertainmentgroup.com) AND Hayley Corbett (hayleyc@f2entertainmentgroup.com) for approval of all announce, marketing and advertising plans, including presenting radio stations, promotional comps, approved admats, and radio/tv spots.. Artist approves radio presents.. Artist a announce, on-sale. . Artist approves support.. Purchaser to provide and pay for backline, per Artist specilications and advance.r Purchaser to provide and pay for catering, per advance. Catering must include vegetarian options to feed three (3) adults, along with full catering listed in the Artist Rider requirements.. ln the event of inclement weather that renders any performance impossible, hazardous, or unsafe, Purchaser shall remain liable for payment of the full aqreed upon compensation even if such performance is prevented by such weather conditions. As long as artist is ready, willing and able to perform. When Artist is asked to pertorm on an outdoor stage that is not part ol a secure, permanent structure, Purchaser agrees to provide a licensed structural engineer to inspect and certify that all structures (below, around, and above the performance and surrounding area) meet safety standards, can withstand moderate wind & rain conditions, and safely support all production equipment either hanging from or otherwise attached to any part of the structure.. PUTChASCT wiII implement aII AND COMPLY WITH HEALTH AND SAFETY PROTOCOLS RELATED TO THE USE AND OCCUPANCY OF THE APPLICABLE SITE/VENUE, THE OPERATION OF THE ENGAGEMENT AND ANY STANDARDS RELATED TO COVID-l 9 OR OTHER PUBLIC HEALTH EMERGENCY AND SUCH PROTOCOLS WILL BE BASED ON REQUIREMENTS IMPOSED BY GOVERNMENT AND/OR PUBLIC AUTHORITIES, AND GUIDELINES GENERALLY ENDORSED BY THE PROFESSIONAL MEDICAL COMMUNITY AND INDUSTRY STANDARDS, WHICH MAY INCLUDE, WITHOUT LIMITATION, STAGGERED ARRIVAL AND DEPARTURE TIM TEMPERATURE CHECKS, PRE. Page 1 of2 2400 0.00 0 240 0.00 usD 0.00 usD SANITIZATION REQUI REMENTS,PHYISICAL DISTANCING, MASKS/FACE COVERING, FOOD & BEVERAGE SERVICE HANDLING, AND REQUIRING PERSONS DEVELOPING OR EXHIBITING SYMPTOMS TO LEAVE THE VENUE. IN addition to Purchaser's other indemnification obligations, Purchaser will indemnify, defend, and hold Company and Artist and Artist's accountants, attorneys, agents, representatives, and their respective contractors, employees, licensees, and designees harmless from and against any and all third party claim, liability, and/or loss arislng out of OT iN CONNCCT|ON With PURCHASER'S FAILURE TO ADHERE TO THE FOREGOING, UNIESS SUCh THIRD PARTY CLAIM is directly AND SOLELY due to their staff, Radius Restriction: Artist shall prior to and there will be no mention of any other within the radius until AFTER this show unless otherwise to in writi Merchandise:80/20 soft, 90/10 hard - Artist sells a Merchandise rate must be MFN (Most Favored Nations). a lf applicable purchaser must provide a mock-u of any event merchandise that includes artist name and/or likeness to artist for to Jul Total $ellable: . Attached riders are made a part hereof. as amendedr lf.Artist is headlining this engagement: 'All support talent is subject to Artist approval." ' The engagement shall noJ 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 with the Company relating to'and perriritting such recording, reproduction, or transmission. STILL NON.PROFESSIONAL PHOTOS PERMITTED BY AUDIENCE 4124t23 Event Center, BA: Brian Waymire Booking #: 886136 wA 98926-2890 - Boad of County Send To: Eric Marcuse - Romeo Entertainment Group - 565 Marriott Dr, #100, Nashville, TN 37214-5033; +l 615-947-990.l Jenny Fitzpakick - Romeo Entertainment Group - 565 Marriott Dr, #1 00, Nashville, TN 37214-5093; +t 402-359-1816 Paige Zuidema - Romeo Entertainment Group - 565 Marriott Dr, #100, Nashvillg TN 37214-5033; +1 402-bl8-2364 negligence of Company or Artist or not play within 150 mlles of venue, Company shall make reasonable efforts lo supplement any of lheir required production specificalions with any equipment alreadyprovided b_y Buyer. Buyer shall make best efforls to accommodate as much production equipment as possibt6, suUject to safety ind struclural limitations. ln no event shall Buyer be required to use all of Company's supplied production..lf Company iequires any additional Pr.o.q'lctio.n equipment, which Buyer is not olheruise obligaled to provide, such requests shall be sdOleit to'Buyer's - approval. Additional equipment, unless olherwise previously agreed upon, (including backline, in-ear monitors,'artist spetified consoles,-moving lights, and any other non-standard equipment) is to be provided by Company and installed in accordance with venue safety protocols, to which Company is made aware of in a separate writing. -'I'here are no cancellation privileges for this contract by either party urrless such cancellation is due to a material breach of the contract, force majeure, or inclement weather. RJ and safety issues that could prevent this engagement from occurring. With full knowledge ofthis situation, the parties hereby agree to elgage in good faith any then current circumstances caused by the COVID-19 pandemic that affect the engagement and shall abide by the guidelines outlined below. a. Ifany state, federal, or county governmental entity cancel permits (e,g., tran on mass gatherings) this shall be a Force Majeure event shall bear their own costs and risk and all deposits shall be promptly to Purchaser. The partie.s shall work in good faith to try and reschedule the b. Ifany state, federal, or county requires a reduction in venue (e.g., no camping, temperaturecapacity or imposition of other COVID-l checks, staggered entry) that makes the show impossible the Purchaser shall have the right to to reschedule the engagement, propose new deal terms for the existing (e.g. two shows in the same guarantee) or cancel the If Purchaser makes a determination under this clause 3l or more prior to the engagement Producer shall promptly refund any monles paid. If Purchaser makes a determination of impossibility under this within 30 days or less of the performance date, Producer shall have the ten (10%) ofthe artist's guarantee to cover expenses and any It is noted and acknowledoed that the oarties to this Aqreement aqree a-nd understand that the COVID-19 pande;mic creates unique healtl and safety issries that could prevent this enqaqem'ent from occurrino. With full kn5wledge of this situationithe parties herebl aoree to enoaoe rn oood faith to disctrsi anv then current circumstances cadsed bv the COVID-19 pandemic that may affett the enqaqement, includinq, but not limited to mutuallv-aq reeinq to resched ule the :08,?$:iffi:t'sublecttoArtist'sprofessional day, reduced of impossibiliry right t monies shall be promptly refunded to Purchaser remalnlng Page2of 2 CAA/REG Terms & Conditions #2 PurchaserlEnd Buyer Signs o+*St6*ign+on behalf of Purchaser/End Buyer The following additional terms and conditions are incorporated in and are part ofthe Agreement attached hereto. l. 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 ofthe 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"). COMPAI.IY 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 ofthe Performances, and ifrequired 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 demr 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 viapersonal 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 exhacts 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 offrce 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 Signsoa.RlEt6*igm on behalf of Purchaser/End Buyer 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 pusuant 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 is 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 (ifcurable) within a reasonable amount oftime; 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 PURCTIASER 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 Maieure/Inclement Weather. a. A "Force Majeure Event" is dehned 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, govemment agency, or public authority; act ofGod; absence ofpower 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 ofPurchaser (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 mnnection 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 I 5(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 erI&9sign+on behalf of Purchaser/End Buyer the guarantee set forth in this Agreement. I 5. I In the event that this Agreement concems a support artist perfiormance, and the headline artist of such engagement does not perform for any reason (except a Force Majeure Event cancellation or lnclement 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. lnclement 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 clarihcation, 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 ofthe 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 l5.l & 15.2, as well as any terms on the face page of the CAA Agreement addressing Force Majeure Events and/or lnclement 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 behalfof 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 ofnot less than Ten Million Dollars ($10,000,000), or its local cwrency 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 goveming 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 ifPURCHASER 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 indemnihcation section. l7. lndemnihcation 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, attomeys, 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: l. 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 agentsr 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 e+R$Gsiins on behalf of Purchaser/End Buyer 3. A breach or alleged breach of any warranty, representation, or agreement made by PURCHASER hereunder in connection with the Perflormance, including, without limitation, any failure by PURCHASER to perform any agreement entered into between PURCHASER and any third party; and 4. Damage or iqlury to any patrons, or the venue, or any fixture or personal property therein, caused by fans or any others not 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 attomeys' 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, TNCIDENTAL, SPECIAL, CONSEQUENTLAL, PLTNITTVE, 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 ofthis 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 EITHERPARTY, NEITHERPARry 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/ORARTIST, OR THEIR RESPECTIVE EMPLOYEES, AFFILIATES, ORAGENTS 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 WARRANry 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 ofeach 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, modihed, or limited only to the extent necessary to eliminate such conflict. Jurisdiction for arbitration is to be the State of Washington. 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. EXISTING EVENT PRODUCTION WILL BE IN PLACE AUDIO BACKLINE RIDER Production Contact: Mitchell Furr (81 5) 716-0532 "Note that "Option 1" is most preferred Gonsoles Gonsole (Monitors) Option 1: Midas M32 Option 2: Behringer X32 Option 3: Avid VENUE Profile or SC48 Option 4: Yamaha CL5 Gonsole (Front Of House) Option 1: Midas M32 Option 2: Behringer X32 Option 3: Avid VENUE Profile or SC48 Option 4: Yamaha CLS PER ADVANCE -Please supply a talkback to the monitor console and FOH console -lf applicable, supply a "squawk box" speaker for FOH position EXISTING EVENT PRODUCTION WILL BE IN PLACE PER ADVANCE 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 lnstrument Packs (8 Channels Total) -(4) Channels for Handheld Mics -(3) Channels used. (1) for spare. -SM58 Capsules Preferred -(2) Channels for lnstrument Packs Option 1: Shure UR, or ULX-D, or QLX-D Option 2: Sennheiser 2000 Series Mics (1) Shure Beta 52 -lf not available, provide a AKG D112 (3) Shure SM57 (5) Shure sm81 -lf 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 sufiice for these talkback mics. Gables Appropriate number of XLR and stage boxes Stands (3) Small Boom Stands -lf possible, (2) LP claws could replace (2) of the small booms (2) Medium Booms Stands (9) Tall Boom Stands Company shall make reasonable efforts to supplement any of their required production specifications with any equipment already provided by Buyer. Buyer shall make best efforts to accommodate as much production equipment as possible, subject to safety and structural limitations. ln no event shall Buyer be required to use all of Company's supplied production. lf Company requires any additional production equipment, which Buyer is not otherwise obligated to provide, such requests shall be subject to Buyer's approval. Additional equipment, unless othenarise previously agreed upon, (including backline, in-ear monitors, artist specified consoles, moving lights, and any other non-standard equipment) is to be provided by Company and installed in accordance with venue safety protocols, to which Company is made aware of in a separate writing. BACKLINE RIDER Production Contact: Mitchell Furr (815) 716-0532 "Note that "Option 1" is most preferred TO BE MUTUALLY AGREED UPON 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 x6.5" Ludwig Supraphonic Snare - Remo Controlled Sound -14 x6.5" Ludwig Black Beau$ (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 Gymbals 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 orAAX 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 lron 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, orAmpeg 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: VoxAC30 TBX orT8/6 Option 4: Fender Deluxe Reverb Stage -(x2) 4-6 Guitar Boats -(x4) Individual Guitar Stands -Spare lnstrument Cables -Roll of black gaff tape RW Presentation,Gontent,andProduction AMENDED 'J The Purchaser agrees and accepts the followingfbrms and conditions regarding the 2 presentation of thL Artist's show. The Artistphalihave ex€fir€ive control oier the-presentation, S production, nature and conduct of their shglv, including production hired by the Purchaser in ? connection with the performance. (This indudes all lighting, sound reinforcement and monitor f systems, backline equipment and staging./ln addition any or all equipment or apparatus orE systems in or adjacent to the venue of pqfJormance that may affect directly or indirectly the Artist's performance. atong with purchlser TECHNICAL RIDER Production Contact: Mitchell Furr (815)716-0532 mitch_furr@yahoo.com Stage PER ADVANCE 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 FORARTIST. 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 forArtist'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. within a 30 mite radius or p.A. system and Monitors venue onlv 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 PER ADVANCE 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). LIJUIo-z LU co JJ =zo F(J looE.o- Fz UJ t! (9z Fv'l =t! Backdrop EXISTING EVENT PRODUCTION WILL BE IN PLACE PER ADVANCE 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 forArtist'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) +nree{g}working, high quality, professional spotlights and operators. two (2) 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. RW INPUT LIST # , lnput Mic Stairds Notes 1 Kick 2 Snare Top 3 Snare Bottom 4 Hats 5 Toml 6 Tom2 7 OHHH 8 OH Ride 9 Snare 2 Top 10 Snare 2 Bottom 11 Perc L 12 Perc R 13 lnst L 14 lnst R 15 Bgvs L 16 Bgvs R 17 Click 18 Cue 19 Bass 20 E GtrAmp 1 21 E Gtr Amp 2 22 SL A Gtr 23 CAGtr 24 SR Fiddle 25 SLVocal 26 C Vocal 27 SRVocal 28 Drum TB 29 Bass TB 30 GuitarTB Shure Beta 52 Shure sm57 Shure sm81 Shure sm81 Senn e604 Senn e604 Shure sm81 Shure sm81 Shure sm57 Shure sm81 DI Shure sm57 Shure sm57 Wireless Pack Wireless Pack DI Wireless sm58 Wireless sm58 Wireless sm58 Shure PG48 Shure PG48 Shure PG48 Small Boom Stand Medium Boom Stand Small Boom Stand Tall Boom Stand Clip Clip TallBoom Stand Tall Boom Stand Medium Boom Stand Small Boom Stand Small Boom Stand Small Boom Stand Tall Boom Stand Tall Boom Stand Tall Boom Stand Tall Straight Stand Tall Boom Stand Tall Boom Stand SL Upstage LP Claw for stand if possible LP Claw for stand if possible TRS to XLR at Drum World Center Upstage SR Upstage SR Upstage Switchable Mic Switchable Mic Switchable Mic It 20vffi120V120V12' riserI)18" riser-6tt--6ft-18" riserIrHta?IIaI120VI