HomeMy WebLinkAboutItem 06.g•
August 20, 2012 Item No.
APPROVAL OF PERFORMANCE AGREEMENTS FOR
THE LAKEVILLE AREA ARTS CENTER
Proposed Action
Staff recommends adoption of the following motion: Move to recommend approval of
performing agreements with the following individuals for the Lakeville Area Arts Center.
Performers
Simple Gifts performing on Tuesday, December 18, 2012, at 7:30 p.m.
Cactus Willie, Boxcar Bob & The Drifter performing Saturday, July 27,
2013, at 7:30 p.m.
Passage of this motion will result in confirming the staff needed to offer programs
advertised in the Park and Recreation brochures and the LAAC playbill.
Overview
The Lakeville Area Arts Center offers activities to the public as advertised in the
Lakeville Park and Recreation brochures and the LAAC Playbill. Performers are
contracted to for concerts as advertised.
Primary Issues to Consider
• None
Supporting Information
• The agreements are attached.
Tom Barnard
Lakeville Area Arts Center Coordinator
Financial Impact: $ Budgeted Y/N Y Source:
Related Documents (CIP, ERP, etc .): Parks & Recreation and Arts Center Brochure
and LAAC playbill.
Notes:
„,7/ e
B O O K I N G 0C
PERFORMANCE CONTRACT
1. This is a contract for entertainment services dated July 23, 2012 between Lakeville Area Arts Center hereinafter
referred to as "PURCHASER,” and SimpleGifts hereinafter referred to as "ARTIST."
2. a. Billing: SimpleGifts
b. Performance date: Tuesday, December 18 2012
c. Venue: Lakeville Area Arts Center
d. Venue Address: 20965 Holyoke Ave, Lakeville, MN 55044 Venue Phone 952.985.4640
e. Performance Time: 7:30 pm Performance /Set Length Two 45- minute sets with intermission
f. Load -In: Artists Discretion (anytime after 8:00 am) Sound Check: Artist's discretion
g. Primary PURCHASER Contact: Tom Barnard Phone: 952.457.0108
h. Primary ARTIST Contact: Elisa Wright Phone: 507.438.6756
3. a. As compensation in full for this performance, PURCHASER will pay ARTIST in cash or by certified check the
sum of. 85% of the door
b. Admission $25 Venue Capacity 300 Gross Potential $15,000
c. Artist will be paid in full no later than Monday, November 28, 2011.
4. In addition to compensation provided for under 3a, PURCHASER will also provide the following:
dinner and bottled water for the band and crew.
5. a. ARTIST is to provide the P.A. system, if Artist, then
Purchaser will need to provide electricity to within 5' of stage.
b. PURCHASER is to provide the stage lighting.
c. ARTIST for sound and Purchaser for lighting is to provide sound and light technician(s).
6. It is hereby understood ARTIST is an independent contractor and is not an employee of PURCHASER or Venue.
7. The individuals signing this contract hereby warrant they are duly authorized and have full authority to enter into a
binding contract on behalf of their respective parties.
We, the undersigned, hereby acknowledge and confirm we have read and have approved the terms and conditions set
forth in this contract, including terms on the reverse side of this document, and any and all attached riders, as deemed
by our signatures below.
PURCHASER'S representative
July 23, 2012
Date ARTIST's repres ative Date
Printed name: Tom Barnard Elisa Wright
Company: Lakeville Area Arts Center New Folk Booking
Address: 20195 Holyoke Ave., Lakeville, MN 5217 North 6 th Street, Minneapolis, MN 55430
Phone: 952.985.4641 507.438.6756
Fax: 952.985.4649 N/A
Email Address tbamardglakevillemn.gov elisa @newfolkbooking.com
Rider attached: YES NO
Please sign both copies and return one to New Folk Booking at the address below:
13715 Rhode Island Ave. S, Savage, MN 55378
,71 Vei
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PERFORMANCE CONTRACT
1. Purchaser's Duties
a. Purchaser agrees to employ Artist for professional services as a musician/musical group entertainer(s).
b. Purchaser shall be responsible for any sales tax in connection with this performance, excluding those applying
to the sale of Artist's merchandise.
2. Purchaser's Warranties
a. Purchaser warrants there will be no recording, reproduction, or transmission from the place of engagement in
any manner or by any means whatsoever without prior consent of the Artist and New Folk Booking.
3. Artist's Duties
a. Artist agrees to provide professional services as a musician/musical group or performer and to perform the
engagement according to the terms and conditions set forth in this contract.
b. Artist shall have the sole and exclusive control over the production, presentation and performance of the
engagement hereunder, including, but not limited to content, volume, sound mix, and visual presentation.
4. Artist's Warranties
a. Artist/group leader herby warrants that the individual members of group working this engagement have given
him the power to bind them to the terms and conditions of this contract. Each member of performing group
has the right to enforce this performance contract.
5. Acts of God
a. This agreement is in effect rain or shine. It is understood that if the stage area is NOT sheltered and inclement
weather occurs, the engagement will be either cancelled or moved to an indoor location. If it is cancelled,
Artist will still receive full compensation.
b. In the event of debilitating injury, sickness, labor strikes, earthquakes, floods, fire or similar destructive Acts
Of God (with the exception of inclement weather), both Artist and Purchaser will be excused from the
performance contract requirements and a new date, agreed upon by both parties, will be set for no more than
90 days from the original performance date.
6. Cancellation
a. In the event of cancellation by the Purchaser for any reason other than those detailed in Paragraph 5, the Artist
will be paid in full. In the event of cancellation by the Artist for any reason other than those detailed in
Paragraph 5, all deposits shall be returned to Purchaser within 14 days of the performance date.
7. Liability
a. Artist and New Folk Booking and Purchaser (as applicable, the "Indemnifying Party ") each shall indemnify
and hold harmless the other (and its respective members, officers, directors, shareholders, parents, employees
and agents) (collectively, the "Indemnified Party ") from and against all loss, expense, damage, claim, or
liability (including prevailing party's reasonable attorneys' fees and expenses if so awarded) that arises from
or in connection with (i) any injury to the person and/or property of any registrant, guest, member, employee
or agent of Indemnified Party arising out of the negligence or misconduct of Indemnifying Party, its agents, or
employees, or (ii) any breach of the covenants, representations and warranties of Indemnifying Party made
herein.
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Contract for Services
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956-83
The musical group Cactus Willie, Boxcar Bob & The Drifter (The Cowboy and Hobo Show) will perform a
show Saturday, July 27, 2013, beginning at 7:30 p.m. ending at 9:00 p.m. at the Lakeville Area Arts Center,
20965 Holyoke Avenue, Lakeville, MN 55044.
The agreed arrangement of responsibilities and payment will be as follows:
The Cowboy and Hobo Show:
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• Provides all sound equipment, musical instruments, microphones and related items needed to do the
show.
• Provide limited advertising on their website, handouts at other shows before the arranged date of
performance.
The Lakeville Area Arts Center:
• Provides the location, stage, and lighting, seating, and box office services.
• Provides advertising, handouts, mailers to the general public.
Both parties agree to split the ticket revenue for this show at an even 50/50 split. The Lakeville Area Arts
Center will handle all admissions for the performance, staff the ticket sales table, and issue the payment to The
Cowboy and Hobo Show on the Monday following the performance.
Money from purchases of albums, tee shirts, and related band owned retail merchandise will be taken by the
band members or their wives who will keep all proceeds the day of the performance.
Both parties will be responsible to contact the other if something would happen that would affect the above
agreed contract. All is done in good faith and neither party would proceed to legal actions should something
arise to negate the agreement.
The Cowboy and Ho resentative:
Date: �� Z
City of Lakeville representative:
City Clerk:
Date:
Date:
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