HomeMy WebLinkAboutItem 06.kJuly 30 2014 Item No.
PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER
Proposed Action
Staff recommends adoption of the following motion: Move to approve performance
agreements with the following performers for the Lakeville Area Arts Center.
Performers
• Monroe Crossing performing a second show on Saturday, December 6,
2014
• Dennis Warner performing Saturday, November 1, 2014
• The Whitesidewalls performing Friday, January 9, 2015
• Jay and Tammy Variety Music performing, Friday, June 12, 2015
Passage of this motion will result in confirming the performers needed to offer programs
advertised in the Parks and Recreation brochures and the LAAC playbill.
Overview
The Lakeville Area Arts Center offers activities to the public as advertised in the Lakeville Parks
and Recreation brochures and the LAAC Playbill. Performers are contracted for concerts as
advertised.
Primary Issues to Consider
• None
Supporting Information
• Performer agreements
Llwv'
Tom Barnard
Lakeville Area Arts Center Manager
Financial Impact: Budgeted: Y/N Y Source:
Related Documents (CIP, ERP, etc.): Parks & Recreation and Arts Center Brochure and LAAC
Playbill Notes:
ART BLACKBURN
17625 ARGON ST NW
14 RAMSEY MN 55303
763-213-1349
CROSSI NOINFO@MONROECROSSING.COM
," WWW.MONROECROSSING.COM
Performance Agreement
It is hereby agreed that:
Monroe Crossing (herein known as "Artist"), will appear in concert at/for the
Lakeville Area Arts Center (herein known as "Promoter"),
located at 20965 Holyoke Avenue in Lakeville MN, for A Bluegrass Christmas With Monroe Crossing
on Saturday, December 6', 2014, for two (2) 45-50 minutes sets, with intermission, starting at 2:00 p.m.
It is further agreed that:
1) Promoter will pay Artist immediately upon conclusion of performance(s) the Performance Fee of SEE BELOW*
2) Artist must receive signed Performance Agreement no later than May 15", 2014 to validate Agreement.
3) Promoter Artist _X_ will provide sound system and sound tech (see www.monroecrossing.com/teciiinfo.html
4) Promoter will will not _X_ provide 4 motel rooms for night(s). (see attached rider, if applicable).
5) Promoter will provide stage area (12x16 ft minimum) with adequate lighting and power source (see
www.inonroecrossing.com/techinfo.litmi
6) Artist will be permitted to display and sell recordings and related band merchandise.
7) Promoter will provide Artist with directions, and on-site parking by stage entrance.
8) Promoter will provide Artist with access to stage a minimum of 120 minutes prior to first performance.
9) Promoter will, at Artist's request, provide up to 10 complimentary event passes.
10) Promoter will provide 10 bottles of water on stage prior to EACH scheduled performance (set).
11) Promoter will provide secure Green Room.
12) Promoter will provide backstage deli tray (assorted veggies, fruits, nuts, meats, cheeses and breads/crackers w/dip,
condiments) OR catered meals. *One band member has a GLUTENALLERGY.
13) Promoter will promote and publicize event locally and regionally, to include postering, newspaper ads, press releases & PSAs.
14) Artist will, in a timely manner, provide adequate publicity materials as requested by Promoter.
15) Any and all Audio or Video recording by parties other than the Artist, or representative(s) of Artist, is strictly prohibited without
the express written permission of Artist
16) Performance Agreement is binding on all parties, rain or shine.
17) Should Promoter wish to reschedule the performance date(s), Artist will make every effort to accommodate Promoter.
18) Should Promoter, in the absence of a mutually agreed upon rescheduled performance date, cancel this Performance Agreement at
any time, Promoter shall immediately pay Artist full amount of Performance Fee as described above, plus 5% interest from date of
cancellation, plus reasonable attorney's fees necessary for the enforcement of the contract.
19) Artist will guarantee timely appearance of all band members or suitable replacements as deemed appropriate by Artist.
20) Artist is not liable or responsible for failure to appear due to documented illness or accident, schedule delay of public conveyance,
vehicular failure, storms, floods or other acts of man or nature deemed beyond Artist's control.
Promoter shall pay to Artist 75% of all GROSS ticket sales (minus ticketing fees). Payment shall be mailed to Artist
within a week of the Performance Date.
We, the undersigned, as authorized Agents for Promoter and Artist, agree to all c d' ions and terms of this Performance
Agreement.
, 2014 ...�___ ..__ 12014
Agent for Artist
2014 Art Blackburn
Monroe Crossing
Agent(s) for Promoter
Lakeville Area Arts Center
CONTRACT
THIS CONTRACT for the personal services of DENNIS WARNER, for the engagement described
below, is entered into between DENNIS WARNER and the undersigned PURCHASER OF MUSIC
on this 1st day of July, 2014.
I. A) Location of Engagement ................ Lakeville Area Arts Center - Lakeville, MN
B) Date of Engagement .................... Saturday November 1, 2014
C) Starting Time & Length of Performance ... 7:30pm (two 45 minute sets)
D) Arrival Time / Set up Time TBA
E) Guaranteed Compensation .............. $1000 guarantee plus 60% of remaining ticket sales, less
seating charge, credit card fee and sales tax.
F) Purchaser Will Make Payment(s) .... .... $1000 due immediately after performance, payable
to "Dennis Warner". Balance due within 10 days of
performance.
II. A) No recording, reproduction or transmission of the engagement described above shall be permitted without a specific written agreement with Dennis Wamer,
B) It is Understood that this contract is binding on both parties; it cannot he canceled unless either party is unable to fulfill the terms of this contract due to an
Act of God or any other legitimate condition(s) tvyord the control of Dennis Warner or the Purchaser. In this case, both parties shall be released from any
liability. However, it is agreed that best efforts will be made by all parties to so adapt that the program be presented as scheduled.
C) 77tis pertains to OUT W- OR ENGAOEXIENTS ONLY, and shall take precedence over Section 11 Part A above: It is understood that if the stage area is
NOT sheltered and inclement weather occurs, the engagement will be either canceled or moved to an indoor location. If it is canceled, Dennis Warne, will
still receive full compensation. It is recommended that an alternative location be secured indoors in the event of inclement weather.
D) Any controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration in accordance with the Rules of Practice
and Procedure of the Arnerican Arbitration Association which are in effect at the time any such controversy or claim arises. All rulings and awards shall be
final and binding upon the Purchaser and Dennis Warner.
III. ADDITIONAL PROVISIONS:
* Concert to be billed as "Dennis Warner & the D's"
" Purchaser will provide five bottles of room temperature water and a 6-8 foot merchandise table.
* Tax ID # 475746106.
* Promotional materials available at www.WamerSongs.com. Click on "Media" link.
* Purchaser will provide complete sound system. See ATTACHED rider for DW Equipment needs
IN WITNESS WHEREOF, the parties below have caused this Agreement to be duly executed
on the day and year first written above.
Lakeville Area Arts Center
PURCHASER'S FULL AND CORRECT NAME
Thomas Barnard
AUTHORIZED AGENT FOR PURCHASER
X
SIGNATURE OF AUTHORIZED AGENT
20965 Holyoke Avenue
Lakeville, MN 55044
952-985-4641
Dennis Warner
DENNIS WARNER OR AUTHORIZED AGENT
X 6"e- -
SIGNATURE OF DENNIS WARNER OR AUTHORIZED AGENT
Return Signed Contract by July 15th
Main Trail Productions
PO Box 365 Clearwater, MN 55320 USA
Office: 320.558.6940 Cell: 320.293.6215
Email: Dennis@WarnerSongs.com
Web: www.WarnerSongs.com
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David "Swanee Swanson
Phone: 612-202-8525
Pax. 715-246-5810
4744 Margaret Street
New Richmond, Wl 54047
E-mail: swanee@whitesidewalis.com
www.whitesidewalls.com
ENGAGEMENT CONTRACT
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1) THIS CONTRACT for the personal services of The WhitesidewallO is made this
:Lday
of �1Y1✓ 20 between
A _ A 71
by a undersigned (°Purchaser) and SwaneWs Music, lnc-{DBA "The Whitesidewallso-)
represented by the undersigned Owner/Manager, =VC91�0—d±lo j
2} Name of VenueTh F_�I,�EI�U LLS
3) Date(s) of Engagement(s):f K) QA �. A WiAG
4) Performance Times: 0L)grJq;N 0 q3 pm(a?-1HP- gat; wl dOmN. iNTgRm)
5) Engagement Type and Description: Pvai0 paubmarlele-bj:f —x016 Ar,6iy
6) Location of Engagemenit,(,�ievLi , � ka-,; OTS m6� 1, �o Au LRrr via, c 61
i 4-4-
7) Other Terms or Cor
8) Net Contract Price:
9) Payments to be made as follows:
NIA / A non-refundable securi DEPOSIT payable to "The Whi%sidewaW in the
amount of S N which must be returned with this signed
Engagement Contract.
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The BALANCE of $�Ul��T Gll"�must be received Pp'
b performance_ Checks shall be made payable to "The Whitesidewails"
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4 I) &-
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10) CANCELLATIONS:
a) This agreement of The Whitesidewallse to perform is subject to proven detention by
sickness, accidents, riots, strikes, epidemics, extreme or dangerous weather
conditions, acts of God, or any other legitimate conditions beyond The
WhitesidewallO control. The Whitesidewalle shall not be held liable for costs,
damages, losses, delays, or non fulfillment of the terns of this contract if such
costs, damages, losses, delays, or non -fulfillment is caused by any such condition.
If the performance is cancelled due to poor weather or unsafe electrical conditions,
and if it is an outside performance, total contract price is to be paid in full.
b) The agreement may be cancelled by either party, without cause, by submission of
written notice to the other party, not less Than 45 days prior to performance date. If
Purchaser cancels this agreement prior to 45 days before the performance, the
deposit (or 50% of total compensation if no deposit is indicated, whether it has
been paid yet or not) will be forfeited and no other compensation shall be required.
If Purchaser cancels within 45 days of performance, Purchaser shall pay the full
contract amount as shown in Line 8. Said amount will be due and payable on the
date of such cancellation. If The Whitesidewalle cancels this agreement; all
moneys paid prior to the date of cancellation will be refunded. Upon cancellation,
neither party shall be held liable for any other costs, damages or expenses except
as provided herein and both parties expressly waive any rights thereto.
11) TRADEMARK/SERVICEMARK: Purchaser recognizes and acknowledges
ownership by David L Swanson in and to the trademark I servicemark for The
WhitesidewallO and agrees that use of the mark The Whitesidewale will be made
only in connection with the promotion of The Whitesidewall? for this contracted
engagement, and all use thereof inures to the benefit of The Whilesidewallso'.
12) RECORDING: Purchaser agrees that no performance of The WhitesidewalWo shall
be in any way recorded, reproduced, or transmitted from the place of performance
without prior approval by The Whitesidewalle.
13) INDEPENDENT CONTRACTORS: The Whitesidewalle act as independent
contractors, and not as employees of the Purchaser_
14) CONTRACTOR RESPONSIBILITIES: The WhitesidewalisP are responsible only
for their own conduct. Purchaser agrees to pay for all damage done to The
Whiiesidewale equipment due to the wrongful act of Purchaser, its employees,
agents or guests. Purchaser assumes all risk of the engagement and shall
indemnify and hold entertainer harmless against any claims or legal actions brought
against The WhitesidewallO arising out of personal injury or property damage
occurring at the engagement which is not caused by The Whitesidewalls
15) COLLECTION FEES: The Purchaser agrees to pay to The Whitesidewalle all
attomey`s fees and collection agency fees incurred in the collection of any amount
owed to The Whitesidewalle under the terms and provisions of this Engagement
Contract
Page 2 of 5
16} CONTRACT ENFORCEABILITY:
a) if any provision of this Engagement Contract shall be deemed to be invalid, illegal
or unenforceable, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired thereby_
b) This Engagement Contract shall be construed in accordance with, and disputes
shall be governed by, the laws of the State of Minnesota. The State District Court of
the county in which The `Nhitesidewalle is located or the Federal District Court of
Minnesota shall have jurisdiction and venue over all controversies arising out of, or
.relating to, this Engagement Contract
c) This Engagement Contract is the complete, final and exclusive statement of the
terns of the agreement between the parties and supersedes any and all other prior
and contemporaneous negotiations and agreements, whether oral or written,
between them relating to the subject matter hereof_
17) ACCOMODATIONS: All engagements over 120 miles or 2.5 Hours drive time from
St Paul, MN will require 5 double hotel rooms to be provided. 'Note, please refer
to item #7 in the attached performance rider.
Wy signature below, confirms that 1 have read and agree to the above terms
and condifions of the en4� t contract and the attached performance
rider.
cornpwwNam
By:
Slgnat= Of Purchaser
Printed Name TWO
bled L o -6 vv NIV
Street Address
JA,�EVILLF, 1V, 50 �—
c /statmoo
q5,� -���
Phone Fax
The Whitmidewalis®
David Swanson
tDwner Date
1744 Margaret S�fi
New Richmond, Wt 17
Phone: 612-202-8525
Fax 715-246-5810
Email:swanee@whitesidewalis.com
www.whitesidewaiis.corn:
EIN# 39-1840452
N� 1 0Enrail
�e.vi�1 seeht2l-.
Paqe 3 of 5
1744 Margaret St
New Richmond. Wl 54017
612-202-8525
PERFORMANCE RIDER
This Ppfformance Rider is attached to and here y rppde an i tegral pari of
dated flJNE by and between K 1
and hereafter referred to as "Purchaser" and The Whitest ewalls .
1. POWER REQUIREMENTS: The Purchaser will provide a 220 volt single phase,
4 conductor electrical service, where service to each leg shall be 50 (fifty) amps OR
5 (five) separate 20 amp 110 volt circuits. In the event there are no electrical
service disconnects, The WhitesidewailsP will make no electrical tie-in. A licensed
and bonded electrician must perform the electrical tie-in. 'NOTE- Generators are
not recommended. In the event a generator is used, a separate deposit will be
required. Power failure, delays in performance, and/or damage to equipment or
personnel due to faulty electricity is Purchaser's sole responsibility.
2. STAGE/SOUNDRIGHTING: Purchaser will provide a stage measuring 16' deep,
24' wide and 18" in height. The Whitesidewails® must approve any deviation from
these specific stage requirements 30 days prior to performance date. Purchaser
shall provide/reserve space to accommodate audio console and lighting console
(including follow spot). Minimum square footage shall be no less than 5'x 5' for
each console or 5' x 10' when consoles are combined. Space for console shall be
no greater than 100' from stage. Any delay in starting performance due to
incomplete staging is Purchaser's sole responsibility.
3. ACCESS TO VENUE: A clear access to the load -in at stage is required at least 4
(flour) hours prior to the time the audience is to be admitted_ Lights in the loading
and stage areas shall remain ON until load-inlout is complete. Purchaser will
provide parking, as close to the stage as possible, for the equipment truck and up
to fire additional vehicles at no cost to The Whiiesidewalis ®. The Whitesidewalls®
and their accompanying personnel shall be allowed complete access to stage,
backstage, and performance areas. If necessary, Purchaser will provide back stage
passes, badges, or other identification to allow access. In the event an electrician
is required for the electrical tie in, the electrician must be available at the time of
load in. Delays in starting performance due to failure to provide clear access are
purchaser's sole responsibility.
Paqe 4 of 5
4. DRESSING ROOM: Purchaser will provide a separate private dressing room with
electrical outlets, sink with hot/cold running water, lock and key and comfortable
seating for 7 people, near the stage. It should be made available from load -in thru
load -out. In most hotel situations, an additional sleeping (or hospitality) room, or
nearby meeting room (preferably with bathroom /shower facilities) will serve as a
dressing room.
5. REFRESHMENTS: Purchaser will provide refreshments for the band and crew (7
people total). At load -in: a CASE of bottled water is required at the stage please.
Other refreshments are appreciated. Suggestions include salads, fruit, veggies,
desert items, soft drinks, coffee (cream & sugar).
6. ADVERTISING: The Whitesidewalle name and/or likeness will appear in all ads
connected with the event(s) named in the agreement, in the first position and 1001%
size. The correct layout is "The Whitesidewalls Rock `N' Roll Revue."
7. HOTEL ROOMS: If hotel rooms are a provision of the agreement, they must be
prepaid (including all takes, gratuities, parking, and related fees), located at the
venue hotel, and reserved under the name of the band. Early check-in and/or late
check-out may be required. Double rooms should be reserved.
8. /MERCHANDISE: The Whiiesidewalle reserve the right to sell merchandise
before, during and after its performance. The Whitesidewallso shall retain the sole,
exclusive right to merchandising and the moneys derived therefrom. This includes,
but is not limited to: t shirts, records, tapes, CDs, posters, pins, hats, etc.
9. SECURITY: Purchaser will provide adequate security for personnel, stage, back
stage, and parking areas. Purchaser will not allow stage access to audience
members. Purchaser is responsible for loss or damage to equipment, personnel, or
vehicles due to inadequate security, or an unruly audience.
10. PERSONNEL: The WhitesidewailO retains the right to add, subtract, or change
band members and crew without notice. A Complete personnel list will be provided
to purchaser upon request.
Signature of Purchaser Date The Whiiesidewatts Date
David Swanson, Owner
Printed Name Title
Page 5 of 5
Lakeville Arts Center Invoice 6 12 2015.txt
Jay & Tammy variety Music Agreement
Invoice # 6122015
I, Tom Barnard, Arts Center Manager tbarnard@lakevillemn.gov
City of Lakeville
20965 Holyoke Ave.
Lakeville, Minnesota
55044
office: 952-985-4641 www.lakevillemn.gov
Confirm that I have contracted Jay & Tammy variety Music
PO Box 1957
Belton, Texas 76513
254-228-7992 www.jayandtammy.com
To Perform on The Following Date: Friday, June 12, 2015.
(Come Rain or Come Shine)
Remuneration for the performance, consisting of One Hour of Music,
Starting at 7:30pm - 8:30pm, shall be the sum of $ 650.00.
50/50 split of The Ticket sales @ $10.00 Per Ticket with $650.00 Minimum Guarantee
to Tammy Roy.
(100 Tickets x $10.00 = $1,000.00) ($ 650.00 to Jay & Tammy variety Music $
350.00 to Lakeville Arts center)
(200 Tickets x $10.00 = $2,000.00) ($1,000.00 to Jay & Tammy variety Music
$1,000.00 to Lakeville Arts center)
(300 Tickets x $10.00 = $3,000.00) ($1,500.00 to Jay & Tammy variety Music
$1,500.00 to Lakeville Arts center) etc.
Tickets will be $12.50 Per Ticket. This extra $2.50 covers Lakeville Art Center web
site reserved ticketing, sales tax, and
credit card services.
Page 1
Lakeville Arts center Invoice 6 12 2015.txt
Please make check payable to: Tammy Roy.
contractors Signature
Date
Please return a copy of this agreement, properly executed to Jay & Tammy Roy.
For Jay & Tammy Variety Music
Page 2