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HomeMy WebLinkAboutItem 06.pApril 15, 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 • Schiffelly Puppets — July 2015 • Alison Scott — October 2015 • Schiffelly Puppets — December 2015 • Billy McLaughlin — December 2015 • Dennis Warner — April 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 l.. Jt Masiarchin ville Area Arts Center Manager Financial Impact: Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): Parks & Recreation and Arts Center Brochure and LAAC Plate Community Values A Sense of Community and Belonging *Please have all checks made out to Jim Schiffman* Jim Schiffman Entertainment 8680 135th Street West Apple Valley, MN 55124 952/431-0741 schiffel Iypuppets@frontiernet. net Performance ALYreement Organization: Lakeville Area Art Center Address: PO Box 835 City/State/Zip: Lakeville, MN 55044 Telephone: 985-4600 Contact Person: Joe or Karla 10Sima 1978'1 The Schiffelly Puppets will perform on July 9, 2015 with a show time of 10:30am. *The cost of the show is $350.00 ``Performance fee is payable upon immediate completion of the show. A late fee of $10.00 per day will be imposed unless prior arrangements are made. *Please have all checks made out to Jim Schiffman 'j`Performers will arrive 20 - 30 minutes prior to scheduled show time. '['Liability Insurance must be carried by the hosting organization. *Schiffelly Puppets agrees that this contract is non -cancelable with the exception of proven detention due to sickness, accidents, acts of God and other emergencies beyond our control *Please sign and return contract Special Instructions The undersigned parties do hereby agree to enter into a Contract as per terms, dates, place set Forth,herein G- Sclii telly Puppet -Jim Schiffman Organization's Representative If you have any questions regarding this contract please contact Jim Schiffman at 952/431-0741. 8680 135th St. W. Apple Valley, MN 55124 952/431-0741 Visit us on the web at www.schiffellypuppets.com B00 K ING``r� 0C PERFORMANCE CONTRACT 1 a. This is a contract for entertainment services dated March 26, 2015 between Lakeville Area Art Center hereinafter referred to as "PURCHASER," and Alison Scott hereinafter referred to as "ARTIST." 2 a. Artist Billing: Alison Scott Band b. Performance Format: Quartet c. Performance Date: Saturday, October 3, 2015 e. Venue: Lakeville Area Art Center - 20965 Holyoke Ave, Lakeville, MN f. Venue Phone: (.952) 985-4640 g. Performance Consisting of: Two 45 -minute set between 7:30 and 9:30pm h. Audience Age Limitations: All Ages I. Primary Contact: Joe Masiarchin Phone: (952) 985-4641 Email: jmasiarchin@lakevlllemn.gov Web: http://www.ci.lakeville.mn.us/ 3 a. As compensation in full for this performance, PURCHASER will pay ARTIST in cash or certified check, the sum of: $1500 vs. 50% of door, whichever Is + Please make check payable to Alison Scott b. Admission: $16 floor and balcony 1 $20 main floor c. Venue Capacity: 300 d. Gross Potential: Around e. Merchandise sales coordinated by: Artist ARTIST %: 100 Recorded: 100 soft f. ARTIST will be paid in full *w prig —t0 P1248FIRW Additional monies owed due to bonuses and percentages will be p id to ARTIST no later than 45 minutes after the end of the ARTIST'S performance. � L47CYId1� '3 LuEtKS %�FtE✓t tDE� t2�nqLG, , 4 a. In addition to compensation pro4ided for under 3.a., PURCHASER will also provide the following: Water for the band and crew 5 a. Advance with: Joe Masiarchin - Primary Contract - Clause 21 b. Purchaser w/ Artist Supplement is to provide P.A. system c. Purchaser w/ Artist Supplement is to provide stage lighting d. Purchaser w/ Artist Supplement Is to provide sound and light technician(s) e. Load In: per advance Sound Check: per advance Doors:7pm 6 a. It is hereby agreed to and understood that ARTIST is an independent contractor and not an employee of PURCHASER, VENUE, or New Folk Booking. 7 a. The individuals signing this contract hereby warrant that they are duly authorized and have full authority to sign this agreement on behalf of their respective parties. 8 a. We, the undersigned, hereby acknowledge and confirm that 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 Printed Name: Company: Address: Phone: Email Address: Promo: Photo sent via email DATE ���'cid 'O� Mar. 26, 2015 � ✓ Mar. 26, 2015 ARTIST's REPRESENTATIVE DATE Elisa Wright New Folk Booking 13715 Rhode Island Ave. S., Savage, MN 55378 507.438.6756 elisa@newfolkbooking.com Rider: per advance Please sign both copies and return one to New Folk Booking: 13715 Rhode Island Ave. S, Savage, MN 55378 ��e�d� BOOKING ,�Y ®. 1. Purchaser's Duties PERFORMANCE CONTRACT 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. *Please have all checks made out to Jim Schiffman* Jim Schiffman Entertainment 8680 135th Street West Apple Valley, MN 55124 612/309-5869 schiffel lypuppets@frontiernet. net Performance Agreement Organization: Lakeville Area Art Center Address: PO Box 835 City/State/Zip: Lakeville, MN 55044 Telephone: 985-4600 Contact Person: Joe or Karla "SINCE 1978" The Schiffelly Puppets will perform on December 16, 2015 with a show time of 10:30am. *The cost of the show is $350.00 *Performance fee is payable upon immediate completion of the show. A late fee of $10.00 per day will be imposed unless prior arrangements are made. 'j`Please have all checks made out to Jim Schiffman *Performers will arrive 20 - 30 minutes prior to scheduled show time. *Liability Insurance must be carried by the hosting organization. *Schiffelly Puppets agrees that this contract is non -cancelable with the exception of proven detention due to sickness, accidents, acts of God and other emergencies beyond our control ;kPlease sign and return contract Special Instructions The undersigned parties do hereby agree to enter into a Contract as per terms, dates, place set fort herein Schiffe—Ily Puppet -Jim Schiffman Organization's Representative If you have any questions regarding this contract please contact Jim Schiffman at 952/431-0741. 8680 135th St. W. Apple Valley, MN 55124 952/431-0741 Visit us on the web at www.schiffellypuppets.com r eN Jlr, 9:0 ❑ K I N G �V� PERFORMANCE CONTRACT a. This is a contract for entertainment services dated March 26, 2015 between Lakeville Area Art Center hereinafter referred to as "PURCHASER," and Billy McLaughlin hereinafter referred to as "ARTIST." 2 a. Artist Billing: SimpleGifts (no spaces, one word) b. Performance Format: 6 -piece c. Performance Date: Friday, December 4, 2015 e. Venue: Lakeville Area Art Center- 20965 Holyoke Ave, Lakeville, MN f. Venue Phone: (952) 985-4640 g. Performance Consisting of: Two 45 -minute set between 7:30 and 9:30pm h. Audience Age Limitations: All Ages i. Primary Contact: Joe Masiarchin Phone: (952) 985-4641 Email: imasiarchin@lakevillemn.gov Web: http://www.ci.lakeviile.mn.us/ 3 a. As compensation in full for this performance, PURCHASER will pay ARTIST in cash or certified check, the sum of: 80% of the door Please make check payable to Billy McLaughlin b. Admission: $30adv/$35 door c. Venue Capacity: 300 d. Gross Potential: $10, e. Merchandise sales coordinated by: Artist ARTIST W 100 Recorded: 100 soft f. ARTIST will be paid in full mites pfieF-tg perfnrma Additional monies owed due to bonuses and percentages will be pid to ARTIST no later than 45 minutes after the end of the ARTIST's performance. 01ii4W 3 CA)Ee KS Ar-rCi2 f262FoMr�h.�/L�, - 4 a. In addition to compensation provided for under 3.a., PURCHASER will also provide the following: dinner and water for the ensemble and crew 5 a. Advance with: Joe Masiarchin - Primary Contract - Clause 21 b. Purchaser w/ Artist Supplement is to provide P.A. system c. Purchaser w/ Artist Supplement is to provide stage lighting d. Purchaser w/ Artist Supplement Is to provide sound and light technician(s) e. Load In: per advance Sound Check: per advance Doors: 7pm 6 a. It is hereby agreed to and understood that ARTIST is an independent contractor and not an employee of PURCHASER, VENUE, or New Folk Booking. 7 a. The individuals signing this contract hereby warrant that they are duly authorized and have full authority to sign this agreement on behalf of their respective parties. 8 a. We, the undersigned, hereby acknowledge and confirm that 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 DATE Printed Name: Company: Address: Phone: Email Address: Promo: Photo sent via email Mar. l� 26, 20151 26, 2015 ARTIST's REPRESENTATIVE DATE Elisa Wright New Folk Booking 13715 Rhode Island Ave. S., Savage, MN 55378 507.438.6756 elisa@newfolkbooking.com Rider: per advance Please sign both copies and return one to New Folk Booking: 13715 Rhode Island Ave. 5, Savage, MN 55378 800 KI NG �& 1. Purchaser's Duties PERFORMANCE CONTRACT 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 Falk 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 Artist and New Falk Booking and Purchaser (as applicable, the "Indemnifying Part") 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. 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 8th day of April, 2015. I. A) Location of Engagement ................ Lakeville Area Arts Center - Lakeville, MN B) Date of Engagement .................... Friday April 29, 2016 C) Starting Time & Length of Performance ... 7:30pm (two 45 minute sets) D) Arrival Time / Set up Time ............. TBA $1000 guarantee plus 60% of remaining ticket sales, less E) Guaranteed Compensation .............. fees for seating charge, credit card and sales tax. Fees will not be more than $3 per ticket. Ticket Price: $18 F) Purchaser Will Make Payment(s) .... .... $1000 due immediately after performance, payable to "Dennis Wamer". Balance due within 10 days of performance. IL A) No recording reproduction or transmission of the engagement described above shall be permilted without a specific written agreement with DermisWarner. B) It is understood that this contract is binding on both parties; it cannot be canceled unless either party is unable to fulfill the terms of this contmet due loan Act of God or any other legitimate condition(s) beyond the contml 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. Q This pertains to OUTDOOR ENGAGEMENTS ONLY, and shall take precedence over Section Il Part B 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 Warner 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 ofor relating to this contract, or breach thereof, shall be settled by arbitration in accordance with the Rules of Practice and Procedure of the American Arbitration Association which am 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. ADDTPIONAL 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.WarnerSongs.corn. 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 Joe Masiarchin - Program Director AUTHORIZED AGENT FOR PURCHASER SIGNATURE OF AUTHORIZED AGENT 20965 Holyoke Avenue Lakeville, MN 55044 952-985-4641 Dennis Warner DENNIS WARNER OR AUTHORIZED AGENT X � 6,-a SIGNATURE OF DENNIS WARNER OR AUTHORIZED AGENT Return Signed Contract by April 23, 2015 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 Sound Requirements & Stage Plot for DENNIS WARNER and The D's If there are any questions, please call 320/293-6215 or email "dennis@warnersongs.com" NOTES: * One monitor speaker per musician * Microphone stands should be "boom" style * Direct Lines (DI) for guitars: one XLR, one 1/4" * Microphone for Cajon should be a "boundary" type mic (audio technica ATM 87R or Shure SM91) set on the floor (Band can supply if necessary) * Marimba should have 2 overhead mics on boom stands * Minimum 12 channel mixer board with reverb & individual channel EQ settings. * Amp and speakers adaquate for the room or setting. Key: V = (4) Vocal quality mics (SM -58 or better) B = (6 total: 4 regular + 2 taller) Boom style mic stands M = (4) Monitor speakers DI = (2) Lines for instruments. one XLR, one 1/4" mono inputs. FM = (1) Floor mic - Boundary mic (see above) O = (2) Overhead mic GS = Guitar Stands (supplied by band) S = Stool (supplied by band) T = Small Table Items in RED supplied by venue/sound company Items in BLUE supplied by band. Electricity GS V S DI Lin Guitar V DI Li n r< Guitar �S V GS FM Front of Stage