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HomeMy WebLinkAboutItem 06.iQMSJ�-ffla Nii�e March 9, 2015 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 • The Britins performing on Friday, October 9, 2015 • Monroe Crossing performing 2 shows on Saturday, December 5, 2015 • The Fabulous Armadillos — An Eagles Tribute, Saturday, January 16, 2016 • George Maurer Group performing on Saturday, February 6, 2016 • Ring of Kerry performing on Thursday, March 17, 2016 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 v Masiarchin L keville 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: Contract No. 27636 1. PARTIES. The parties to this agreement are: ARTIST: Rick Bertoni (Name of Leader/Contracting Party) The Britins (Name of Band/Act) Engagement Agreement PURCHASER: Joseph Masiarchin (Name of Purchaser, Contract Signer) Lakeville Area Arts Center (Contracting Party) c/o 325 33rd Avenue N. Suite 106 20195 Holyoke Avenue (Address) (Address) St. Cloud MN 56303 Lakeville MN 55044 (City, State, Zip) (City, State, Zip) 397-54-0127 (Artist's Social Security or Federal ID Number) 2. PURPOSE. This agreement sets forth the terms and conditions for an engagement in which the Purchaser contracts the Artist's professional services. It is expressly agreed that G. L. Berg & Associates, Inc. acts herein as Artist's agent whose role is to facilitate the scheduling and contracting of this date between the Artist and Purchaser. G. L. Berg & Associates, Inc. is not responsible and assumes no liability for any act of commission or omission on the part of either Artist or Purchaser. 3. ARTIST'S DUTIES. Artist agrees to provide entertainment services and to perform the engagement according to the terms and conditions as set forth below in paragraph 7. Artist agrees to indemnify, defend and hold G. L. Berg & Associates, Inc. harmless from and against all claims, costs or liabilities for damage or injury to Artist or the property of Artist during engagement. 4. ARTIST'S WARRANTIES. Artist/leader warrants that the entertainers working this engagement have given him/her the power to bind them to the terms of this contract. 5. PURCHASER'S DUTIES. Purchaser agrees to contract the Artist for services as entertainer. Purchaser agrees to the terms and conditions of the engagement and compensation for the Artist as set forth below in paragraph 7. Purchaser agrees to provide a safe and secure stage/show area. 6. PURCHASER'S WARRANTIES. Purchaser warrants there will be no recording, reproduction or transmission from the place of engagement without the prior written consent of Artist. 7. TERMS AND CONDITIONS: A) Name and place of engagement: Lakeville Area Arts Center Lakeville MN. B) Date; starting and finishing time of engagement: FRIDAY, October 9. 20 5: One 90 -minute show to begin at 7:30 a.m., with intermission. (C) Artist to be completely set-up by: 6:30 p.m. (D) Type of engagement: Public Ticketed Show, 2015-16 Performance Series. (E) Compensation: Price is $4500.00 plus four (4) hotel rooms for the night of October 9. 2015. No deposit is reouired. The full amount ($4.500.00) is to be made Pavable to RICK BERTONI and handed to the Artist immediatehr following the performance on 10/9/2015. B. CONTACT INFORMATION: (A) Contact Person to discuss event details: Name: Joseph Masiarchin Phone: 952-985-4640 Email: imesiarchin(c-61akevillemn.gov (B) AdditionaVEmergency phone number for day of event: (OVER) 9. INDEPENDENT CONTRACTOR. Artist is an independent contractor and is not an employee of the Purchaser or G. L. Berg & Associates, Inc. while rendering services. 10. ACCESS TO ARTIST. G. L. Berg & Associates, Inc. representatives shall have access to the place of engagement for the purpose of conferring with the Artist. 11. THIS AGREEMENT is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond the Purchaser's or Artist's control. NOTE: If it is an outdoor event, Purchaser should provide a rain site (or adequate & safe weather protection) as the Artist is to be paid in full even if it is rainy and/or windy to the point Artist cannot perform at scheduled place (paragraph 7.A). Also, in case of snowstorms, if Artist is notified of cancellation prior to leaving for the event it will constitute an act of God. If artist travels to the performance site before leaming the date is cancelled the Purchaser is responsible for 100% of payment. 12. BOOK -BACK. Artist and Purchaser agree that future engagements between them shall be booked through G. L. Berg & Associates for a period of at least 24 months to run from the end of this engagement. 13. ARBITRATION. Any disputes whatsoever which arise out of this Agreement or the performance of this agreement shall be resolved before a mutually agreed upon arbitrator. The arbitrator's decision shall be final and binding upon both parties. G. L. Berg & Associates shall in no way be liable or responsible for payments or obligations pursuant to this agreement. 14. CANCELLATION CLAUSE. Artist shall be paid in full amount (100%) if this engagement is cancelled by Purchaser less than 45 days prior to the date. Artist to be paid one half (50%) of contracted amount if agreement is cancelled by Purchaser more than 45 days prior to the contracted date. Purchaser may also be responsible for out of pocket expenses including, but not limited to, airfare/transportation, hotel/lodging cancellation costs, etc. 15. RIDER. The following information and attached rider, if any, is part of this contract. Purchaser to provide lights. Purchaser and Artist to work together to provide sound; Artist will provide any supplemental sound equipment as needed. Please review and sign the attached Artist Rider. 16. ENTIRE AGREEMENT. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding except to the extent incorporated in this agreement. DATE CONTRACT WRITTEN: 2/2712015 SIGNATURE OF ARTIST: Contract No. 27636 Date: Booking Agent: Ryan SIGNATURE OF PURCHASER: 325 33rd Avenue N, Suite 106 ST. CLOUD, MN 56303 320-664-6901 fax: 320-654-8141 email: info@glberg.com (Sign both copies and riders) "White -Purchaser's Copy *Green - Artist's Copy Purchaser's copy will be sent back to you after artist has signed. Date: THE BRITINS Artist Rider In order to give you the best performance possible, The Britins provide this Rider as an attached agreement to the contract. 1. The Britins require approximately three (3) hours to setup prior to the performance start time. 2. Electrical access should be on or near the stage. Six -to -Eight separate 20 -amp circuits are recommended as a minimum need for electrical connections. 3. Purchaser is to provide a secure, clean dressing room behind or near the stage. The Britins use this room during their performance and if a dressing room is not available, costume changes maybe difficult to do and may interfere with keeping show times on schedule. Public Restrooms are not acceptable. 4. Minimum stage size should be 18'x 26' if possible. Smaller stages may complicate parts of the performance. 5. Purchaser will provide security for the band, crew and equipment during the engagement. 6. The Britins are able to provide pre-recorded music in-between shows. 7. Miscellaneous refreshments for the band in the dressing room are appreciated. The Britins will make every effort to provide you with a quality, trouble-free performance! Please contact MIKE SHUMWAY at (414) 550-2766 with any questions you may have. Signature of Purchaser Date Art Blackburn, Manager HC 3 Box 10007 Keaau HI 96749 rVIRN O S SING M (X 763.213.1349 art@monroecrossing.com M 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 511, 2015, 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 April 15's, 2015 to validate Agreement. 3) Promoter Artist—X— will provide sound system and sound tech (see www.monroecrossing.com/techinfo.htmi 4) Promoter will will not X provide 4 motel rooms for nigbt(s). (see attached rider, if applicable). 5) Promoter will provide stage area (12x16 ft minimum) with adequate lighting and power source (see www.monroecrossing.coudtechinfe.html 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 secure Green Room. 11) Promoter will provide 5 bottles of water on stage prior to EACH scheduled performance (set). 12) Promoter will provide backstage fresh (not prepackaged) deli trays (assorted veggies, FRUITS, nuts, meats, cheeses and breads/crackers wldip, condiments & soft drinks), 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 10 business days of the Performance Date. We, the undersigned, as authorized Agents for Promoter and Artist, agree to all conditions and terms of this Performance Agreement. 2015 —Ar - 8t,atJ&lyt ;,, Agent for Artist 2015 Art Blackburn, Manager Monroe Crossing Agent(s) for Promoter Lakeville Area Arts Center March 4, 2015 Art Blackburn, Manager HC 3 Box 10007 Keaau HI 96749 NjqNOSS I N 763.213.1349 art@monroecrossing.com M 'A 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 5'h, 2015, for two (2) 45-50 minutes sets, with intermission, starting at 7:00 p.m. It is further agreed that: 1) Promoter will pay Artist immediately upon conclusion of performance(s) the Performance Fee of $3000.00, plus SEE BELOW.* 2) Artist must receive signed Performance Agreement no later than April 15', 2015 to validate Agreement. 3) Promoter Artist X_ will provide sound system and sound tech (see www.monroecrossing.con/techinfo.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 ivww.mouroecrossing.com/techinfo.htmI 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 secure Green Room. 11) Promoter will provide 5 bottles of water on stage prior to EACH scheduled performance (set). 12) Promoter will provide backstage fresh (trot pre packaged) deli trays (assorted veggies, FRUITS, nuts, meats, cheeses and breads/crackers w/dip, condiments & soft drinks), OR catered meals. - One band member has a GLUTEN ALLERGY 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 immediately upon conclusion of final set the guarantee of $3000.00. Additionally, check payable to Monroe Crossing for 50% of all NET door proceeds (ticket sales) in excess of $3000.00 shall be mailed to Artist within 10 business days of the Performance Date. We, the undersigned, as authorized Agents for Promoter and Artist, agree to all conditions and terms of this Performance Agreement. 12015 Arf 6Lac jC,btwv- March 4, 2015 Agent for Artist , 2015 Art Blackburn, Manager Monroe Crossing Agent(s) for Promoter Lakeville Area Arts Center ENGAGEMENT AGREEMENT C AGREEMENT made this 5th day of March between Lakeville Arts Center (Herein referred to as Purchaser) and The Fabulous Armadillos Inc (herein referred to as Producer) regarding the services of Takin' It To The Limit: An Eagles Tribute featuring The Fabulous Armadillos and Collective Unconscious (herein referred to as ARTIST). • Venue: Lakeville Arts Center • Address: Lakeville, MN • Event: Takin' It To The Limit: An Eagles Tribute DATE(S) OF ENGAGEMENT: • Date(s): January 16, 2016 • Showtime(s) / Length: (2) 60 minute sets with intermission. EVENT DESCRIPTION: Theater Performance • GROSS COMPENSATION: (In U.S. Dollars) $6500.00 band guarantee with 70/30 split AFTER Purchaser expenses. 70% Purchaser/30% Artist Gross compensation to PRODUCER is to be paid as follows: DEPOSIT of $1625.00 or 25% to be paid on or before 10/112015. Final payment of $4875.00 due prior to performance. Funds from 70/30 split to be paid on settlement following performance. Payment to be paid to Fabulous Armadillos Inc. TAX ID# 26-2603329 11864 Evergreen Cir NW Coon Rapids, MN 55448 • TICKET PRICES: N/A • CAPACITY: 280 • GROSS POTENTIAL: N/A • OTHER CONSIDERATIONS: • PURCHASER to provide suitable dressing room for 10 people. • SPECIAL PROVISIONS: PURCHASER to provide stage and suitable power for our production company. ARTIST will provide PA and Lighting and pay any crew expenses involved with the hired production company. All ARTIST catering to be discussed and mutually agreed upon, to include deli tray, and/or sandwiches for 10 people including 24 pack of bottled water. • The fee on this contract is for ARTIST services only. • We acknowledge and confirm that we have read and approved the terms and conditions set forth in this contract. Signature of Purchaser: Purchaser's Name: Address: Phone: Date: Signature of Producer: Date: Producer's Name: Greg Armstrong for The Fabulous Armadillos Inc. Address: 11864 Evergreen Cir NW Coon Rapids, MN 55448 Phone: 612-730-1554 ENGAGEMENT AGREEMENT pg. 2 BE IT FURTHER AGREED ADDITIONAL PROVISIONS MADE PART OF THIS CONTRACT ALL ATTACHED RIDERS ARE PART OF THIS CONTRACT • In the event of sickness or of accident to Artist, or if a performance is prevented, rendered impossible or unfeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation services, war conditions or emergencies or any cause beyond the control of Artist's, it is understood and agreed that there shall be no claim for damages by either party to this contract and Artist's obligation as to such performances shall be deemed waived. In the event of such non-performance for any of the reasons stated in this paragraph, ARTIST will refund deposit money. In the event the engagement is cancelled by Purchaser on day of show for any reason, ARTIST will be paid in full provided he/she is ready, willing and able to perform. • If, on or before the date of any scheduled performance, Purchaser has failed, neglected or refused to perform any contract with any other performer for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is unsatisfactory, Artist shall have the right to demand the payment forthwith, Artist shall have the right to cancel this engagement by notice to Purchaser to that effect, and in such event, Artist shall retain any amounts theretofore paid to Artist by Purchaser. • IT IS EXPRESSLY AGREED THAT FABULOUS ARMADILLOS INC. ACTS HEREIN AS AGENT FOR ARTIST OR PURCHASER. IN FURTHERANCE THEREOF AND FOR THE BENEFIT OF FABULOUS ARMADILLOS INC. IT IS AGREED THAT NEITHER PURCHASER NOR ARTIST WILL NAME OR JOIN FABULOUS ARMADILLOS INC A&A PARTY IN ANY CIVIL ACTION OR SUIT ARISING OUT OF, IN CONNECTION WITH OR RELATED TO ANY ACTS OF COMMISSION OR OMISSION PURSUANT TO THIS AGREEMENT BY EITHER PURCHASER OR ARTIST. • If Purchaser engages the Artist for a future performance within twelve months of the actual performance engagement date on this contract, without utilizing FABULOUS ARMADILLOS INC. as the agency, then the Artist and/or the Purchaser shall be liable to pay FABULOUS ARMADILLOS INC. ten percent (10%) of the gross contract price paid to Artist by Purchaser. • ARBITRATION OF CONTROVERSIES: The courts of St. Cloud, Stearns County, Minnesota shall have exclusive jurisdiction over any and all controversies or claims arising out of or relating to this contract or the breach thereof. Purchaser hereby designates the Secretary of State, State of Minnesota as its agent for service or process. In the event that Artist or Agent must resort to litigation to enforce this agreement, all reasonable costs of collection, including reasonable attorney's fees, court costs and related litigation costs shall be payable by Purchaser. • This contract cannot be assigned or transferred without the written consent of Artist. It contains the complete understanding of the parties hereto and may not be amended, supplemented, varied or discharged, except by an instrument in writing. This contract is not binding upon the parties until executed and delivered by Artist or his designee to Purchaser. The terms "Artist" and "Purchaser" as used herein shall include and apply to the singular and the plural and to all genders. • No performance on the engagement shall 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 Artist relating to and permitting such recording, reproduction or transmission. Any radio or TV appearances In conjunction with this contract must have prior approval by Artist and inserted in contract. • If any of the provisions hereof are determined to be void by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force and effect. • Receipt of this contract by Purchaser and commencement of the engagement shall be deemed acceptance by Purchaser of all terms and conditions herein, regardless of Purchaser's failure to sign and return this contract. Initial., 755S510v1 Contract No. 27626 1. PARTIES. The parties to this agreement are: ARTIST: PURCHASER: Engagement Agreement George Maurer Joseph Masiarchin (Name of Leader/Contracting Party) (Name of Purchaser, Contract Signer) George Maurer Group Lakeville Area Arts Center (Name of BandlAct) (Contracting Party) c/o 325 33rd Avenue N, Suite 106 20195 -Holyoke Avenue (Address) (Address) St. Cloud MN 56303 Lakeville MN 55044 (City, State, Zip) (City, State, Zip) 41-1559635 (Artist's Social Security or Federal ID Number) 2. PURPOSE. This agreement sets forth the terms and conditions for an engagement in which the Purchaser contracts the Artist's professional services. It is expressly agreed that G. L. Berg & Associates, Inc. acts herein as Artist's agent whose role is to facilitate the scheduling and contracting of this date between the Artist and Purchaser. G. L. Berg & Associates, Inc, is not responsible and assumes no liability for any act of commission or omission on the part of either Artist or Purchaser. 3. ARTIST'S DUTIES. Artist agrees to provide entertainment services and to perform the engagement according to the terms and conditions as set forth below in paragraph 7. Artist agrees to indemnify, defend and hold G. L. Berg & Associates, Inc. harmless from and against all claims, costs or liabilities for damage or injury to Artist or the property of Artist during engagement. 4. ARTIST'S WARRANTIES. Artist/leader warrants that the entertainers working this engagement have given him/her the power to bind them to the terms of this contract. 5. PURCHASER'S DUTIES. Purchaser agrees to contract the Artist for services as entertainer. Purchaser agrees to the terms and conditions of the engagement and compensation for the Artist as set forth below in paragraph 7. Purchaser agrees to provide a safe and secure stage/show area. 6. PURCHASER'S WARRANTIES. Purchaser warrants there will be no recording, reproduction or transmission from the place of engagement without the prior written consent of Artist. 7. TERMS AND CONDITIONS: (A) Name and place of engagement: Lakeville Area Arts Center, Lakeville, MN, B) Date; starting and finishing time of engagement: SATURDAY, February 6, 2016: One 90 -minute to 2 -hour show to begin at 7:30 p.m., with intermission. (C) Artist to be completely set-up by: 6:30 p.m. (D) Type of engagement: Public Ticketed Show, 2015-16 Performance Series. "Pre -Valentine's" Theme. (E) Compensation: Price is $2500.00 complete. No deposit is required. The full amount ($2,500.00) is to be made payable to NEW AGE PRODUCTIONS INC and handed to the Artist immediately following the performance on 216/2016. 8. CONTACT INFORMATION: (A) Contact Person to discuss event details: Name: Joseph Masiarchin Phone: 952-985-4640 Email: imasiarchin(&Iakevillemn.gov (B) Additional/Emergency phone number for day of event: (OVER) 9. INDEPENDENT CONTRACTOR. Artist is an independent contractor and is not an employee of the Purchaser or G. L. Berg & Associates, Inc. while rendering services. 10. ACCESS TO ARTIST. G. L. Berg & Associates, Inc. representatives shall have access to the place of engagement for the purpose of conferring with the Artist. 11. THIS AGREEMENT is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond the Purchaser's or Artist's control. NOTE: If it is an outdoor event, Purchaser should provide a rain site (or adequate & safe weather protection) as the Artist is to be paid in full even if it is rainy and/or windy to the point Artist cannot perform at scheduled place (paragraph 7.A). Also, in case of snowstorms, if Artist is notified of cancellation prior to leaving for the event it will constitute an act of God. If artist travels to the performance site before learning the date is cancelled the Purchaser is responsible for 100% of payment. 12. BOOK -BACK. Artist and Purchaser agree that future engagements between them shall be booked through G. L. Berg & Associates for a period of at least 24 months to run from the end of this engagement. 13. ARBITRATION. Any disputes whatsoever which arise out of this Agreement or the performance of this agreement shall be resolved before a mutually agreed upon arbitrator. The arbitrator's decision shall be final and binding upon both parties. G. L. Berg & Associates shall in no way be liable or responsible for payments or obligations pursuant to this agreement. 14. CANCELLATION CLAUSE. Artist shall be paid in full amount (100%) if this engagement is cancelled by Purchaser less than 45 days prior to the date. Artist to be paid one half (50%) of contracted amount if agreement is cancelled by Purchaser more than 45 days prior to the contracted date. Purchaser may also be responsible for out of pocket expenses including, but not limited to, airfare/transportation, hotel/lodging cancellation costs, etc. 15. RIDER. The following information and attached rider, if any, is part of this contract. Purchaser to provide lights. Purchaser and Artist to work together to provide sound; Artist will provide any supplemental sound equipment as needed. 16. ENTIRE AGREEMENT. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding except to the extent incorporated in this agreement. DATE CONTRACT WRITTEN: 2/2512015 Booking Agent: Ryan SIGNATURE OF ARTIST: SIGNATURE OF PURCHASER: Date: 325 33rd Avanue N, Suite 106 ST. CLOUD, MN 56303 i 320-654-6901 fax: 320-654-6141 email: Info@glberg.com (Sign both copies and riders) Contract No. 27626 "White -Purchasers Copy "Green - Artist's Copy Purchaser's copy will be sent back to you after artist has signed. Date: Contract No. 27635 9 ttcrtamment 1. PARTIES. The parties to this agreement are: ARTIST: PURCHASER: Engagement Agreement Paul Cotton Joseph Masiarchin (Name of Leader/Contracting Party) (Name of Purchaser, Contract Signer) Rina of Ker (Name of Band/Act) do 325 33rd Avenue N. Suite 106 (Address) St. Cloud MN 56303 (City, State, Zip) 469-58-9773 (Artist's Social Security or Federal ID Number) Lakeville Area Arts Center (Contracting Party) 20195 Holyoke Avenue (Address) Lakeville MN 55044 (City, State, Zip) 2. PURPOSE. This agreement sets forth the terms and conditions for an engagement in which the Purchaser contracts the Artist's professional services. It is expressly agreed that G. L. Berg & Associates, Inc. acts herein as Artist's agent whose role is to facilitate the scheduling and contracting of this date between the Artist and Purchaser. G. L. Berg & Associates, Inc. is not responsible and assumes no liability for any act of commission or omission on the part of either Artist or Purchaser. 3. ARTIST'S DUTIES. Artist agrees to provide entertainment services and to perform the engagement according to the terms and conditions as set forth below in paragraph 7. Artist agrees to indemnify, defend and hold G. L. Berg & Associates, Inc. harmless from and against all claims, costs or liabilities for damage or injury to Artist or the property of Artist during engagement. 4. ARTIST'S WARRANTIES. Artist/leader warrants that the entertainers working this engagement have given him/her the power to bind them to the terms of this contract. 5. PURCHASER'S DUTIES. Purchaser agrees to contract the Artist for services as entertainer. Purchaser agrees to the terms and conditions of the engagement and compensation for the Artist as set forth below in paragraph 7. Purchaser agrees to provide a safe and secure stagetshow area. 6. PURCHASER'S WARRANTIES. Purchaser warrants there will be no recording, reproduction or transmission from the place of engagement without the prior written consent of Artist. 7. TERMS AND CONDITIONS: (A) Name and place of engagement: Lakeville Area Arts Center. Lakeville MN. B) Date; starting and finishing time of engagement: THUKSDAY, March 17. 2016: One 90 -minute show to begin at 6:30 p.m., with intermission. (C) Artist to be completely set-up by: 5:30 a.m. (D) Type of engagement. Public Ticketed Show, 2015-16 Performance Series. (E) Compensation: Price is $3750.00 complete. No deposit is required. The full amount ($3.750.00) is to be made payable to PAUL COTTON DBA RING OF KERRY and handed to the Artist immediately followinq the nerformance on 3/17/2016. 8. CONTACT INFORMATION: (A) Contact Person to discuss event details: Name: Joseph Masiarchin Phone: 952-985-4640 Email: imasiarchin(cDlakeyillemn.gov (B) Additional/Emergency phone number for day of event: (OVER) 9. INDEPENDENT CONTRACTOR. Artist is an independent contractor and is not an employee of the Purchaser or G. L. Berg & Associates, Inc. while rendering services. 10. ACCESS TO ARTIST. G. L. Berg & Associates, Inc. representatives shall have access to the place of engagement for the purpose of conferring with the Artist. 11. THIS AGREEMENT is subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate conditions beyond the Purchaser's or Artist's control. NOTE.- If it is an outdoor event, Purchaser should provide a rain site (or adequate & safe weather protection) as the Artist is to be paid in full even if it is rainy and/or windy to the point Artist cannot perform at scheduled place (paragraph 7.A). Also, in case of snowstorms, if Artist is notified of cancellation prior to leaving for the event it will constitute an act of God. If artist travels to the performance site before learning the date is cancelled the Purchaser is responsible for 100% of payment. 12. BOOK -BACK. Artist and Purchaser agree that future engagements between them shall be booked through G. L. Berg & Associates for a period of at least 24 months to run from the end of this engagement. 13. ARBITRATION. Any disputes whatsoever which arise out of this Agreement or the performance of this agreement shall be resolved before a mutually agreed upon arbitrator. The arbitrator's decision shall be final and binding upon both parties. G. L. Berg & Associates shall in no way be liable or responsible for payments or obligations pursuant to this agreement. 14. CANCELLATION CLAUSE. Artist shall be paid in full amount (100%) if this engagement is cancelled by Purchaser less than 45 days prior to the date. Artist to be paid one half (50%) of contracted amount if agreement is cancelled by Purchaser more than 45 days prior to the contracted date. Purchaser may also be responsible for out of pocket expenses including, but not limited to, airfare/transportation, hotel/lodging cancellation costs, etc. 15. RIDER. The following information and attached rider, if any, is part of this contract. Purchaser to provide lights. Purchaser and Artist to work together to provide sound; Artist will provide any supplemental sound equipment as needed. Irish Dancers are not included in this particular performance, but may be added to this agreement for an additional $250.00 per set of two dancers. 16. ENTIRE AGREEMENT. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding except to the extent incorporated in this agreement. DATE CONTRACT WRITTEN: 2127/2015 Booking Agent: Ryan SIGNATURE OF ARTIST: SIGNATURE OF PURCHASER: Date: 326 33rd Avenue N, Suite 106 ST. CLOUD, MN 56303 �a 320.654-6901 fax: 320-664-8141 email: info@glberg.com (Sign both copies and riders) Contract No. 27635 `White -Purchasers Copy "Green - Artist's Copy Purchaser's copy will be sent back to you after artist has signed. Date: