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HomeMy WebLinkAboutItem 06.lAugust 1, 2011 Proposed Action Overview Primary Issues to Consider • None Supporting Information • The agreements are attached. Tom Barnard Lakeville Area Arts Center Coordinator Item No. APPROVAL OF PERFORMANCE AGREEMENTS FOR THE LAKEVILLE AREA ARTS CENTER 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 • AudioBody /Jason Tardy performing a concert on Saturday, September 10, 2011 • Home Free performing a concert on Saturday, March 10, 2012 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. 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. Financial Impact: $ Budgeted: Y/N Y Source: Related Documents (CIP, ERP, etc.): 2011 Parks & Recreation and Arts Center Brochure and LAAC playbill. Notes: 9ow ►RTIST$ WC 44167 310 Avenue • Russell, IA 50238 • 641- 203 -4100 • www.dowartists.com Event Agreement This Event Agreement (this "Agreement "), dated this June 16, 2011 is by and between AudioBody /Jason Tardy 8 Sunrise Trail, Turner, ME 04282 (hereinafter referred to as "Artist "), through their artist representative Dow Artists, Inc., 44167 310 Avenue, Russell, Iowa 50238 and Lakeville Area Arts Center (hereinafter referred to as "Purchaser "). The Artist and Purchaser hereby agree as follows: 1. Event Information: Saturday, September 10, 2011 • Concert: 7:30 — 9:00 p.m. with 15 minute intermission • Outreach: Juggling show in the schools either Thursday or Friday, Sept. 8 or 9 (30 -45 minute school show) 2. Contact Person: 3. Performance Location: Tom Barnard Lakeville Area Arts Center 952/985 -4641 (work) 952/985 -8831 (home) 952/457 -0108 (cell) tbarnard(aci.lakeville.mn.us Lakeville Area Arts Center — Seating: 300 20195 Holyoke Avenue Lakeville, MN 55044 4. Compensation: $4,000 plus 1 hotel room for 1 night Dow Artists, Inc. Event Agreement — Page 1 of 3 AudioBody — Lakeville, MN 9/11 4. Purchaser will make payments by Company Check, Certified Check, Money Order, Bank Draft or Cash (U.S. Currency) as follows: a) A $800 deposit shall be paid by PURCHASER via a company or certified check by 15, 2011, payable to the ARTIST'S AGENT: Dow Artists, Inc. (Tax ID #20- 1813 79). a) The balance of $3,200 shall be paid by PURCHASER in University check, cash or certified check no later than Saturday, September 10, 2011 prior to the evening show, payable to the ARTIST: Jason Tardy (Tax ID # 006 -82- 0467). THERE ARE TO BE NO DEDUCTIONS FROM THE AGREED PRICE FOR ANY REASON WHATSOEVER. 5. Hotel Details and Special Requirements: - Number of Artists: 2 (Jason and Matt Tardy) - Required Stage Equipment: See attached Riders that are an integral part of this agreement. - Artist will retain 100% merchandise sales. - Hospitality: Please see attached Rider 6. Special Conditions: Complimentary Tickets — 2 pairs of tickets to be held for AudioBody and/or Dow Artists, Inc. for the public performance. 7. Additional Terms: The attached Technical Rider and Hospitality Rider contain additional terms that are part of the Agreement and are incorporated herein. 8. Force Majeure: The ARTIST or PURCHASER shall not be liable for failure to present if such failure is caused by or due to the physical disability of the ARTIST or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, fire, bomb scares, blackout, interruption or delay of transportation service, or any cause beyond control of the PURCHASER or ARTIST. Dow Artists, Inc. Event Agreement — Page2 of 3 AudioBody — Lakeville, MN 9/11 9. Cancellation Policy: In the event that the PURCHASER cancels this agreement, with or without good cause, the PURCHASER and ARTIST agree to negotiate in good faith to arrive at a mutually satisfactory alternative date for the Performance, and if such negotiations are not successful, the PURCHASER understands and agrees that it shall pay 50% of the COMPENSATION ( #4 above) made under this agreement as liquidated damages, and that it shall reimburse ARTIST for any out -of- pocket expenses incurred prior to the date of cancellation, and in that event the PURCHASER and ARTIST shall have no further obligation to each other. In the event that the PURCHASER cancels this agreement within sixty (60) days of the event, with or without good cause, the PURCHASER and ARTIST agree to negotiate in good faith to arrive at a mutually satisfactory alternative date for the Performance, and if such negotiations are not successful, the PURCHASER understands and agrees that it shall pay 100% of the COMPENSATION ( #4 above) made under this agreement as liquidated damages, and that it shall reimburse ARTIST for any out -of- pocket expenses incurred prior to the date of cancellation, and in that event the PURCHASER and ARTIST shall have no further obligation to each other. 10. Disputes: This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa. All disputes, claims, and questions regarding this agreement will be handled in the state of Iowa. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first written. Presenter (Date) ow Artists, Inc. Signature) (Date) 614, Event Agreement should be signed and returned along with the deposit by July 15, 2011 to: Dow Artists, Inc. 4417 310 Avenue Russell, IA 50238 Dow Artists, Inc. Event Agreement — Page 3 of 3 AudioBody — Lakeville, MN 9/11 AudioBody Tech and Hospitality Rider CONTACT INFORMATION: If you have questions about the information in this rider you may contact: Jason Tardy Email: jason(a}audiobody.com Ph: 866 - 584 -4532 Cell: 585 - 329 -0165 Please attach your theatre's technical package to a signed copy of this rider and send with signed contracts. Please be sure to include the name, phone, and fax and email address of the hall's technical director, or whomever AudioBody should contact to coordinate load -in /tech /rehearsal and other details. These requirements are typical for an AudioBody performance; however, they will make every effort to accommodate unusual circumstances. These requirements are subject to change depending on facility and situation of the perfom7ance. BILLING /PROMOTION: 1. All promotion for the performance shall refer to the Artists as "AudioBody ". 2. High quality photos, printable posters and more information to promote your event can be found at http://www.audiobody.com/press/ STAGE: 1. The floor should be free from splinters, holes and other obstructions, and must be swept and mopped prior to the company's arrival. (If sectional stage is provided, all sections must be securely attached together) 2. The minimum stage should have a proscenium opening of 20' wide by 12' high with a stage depth of 20' 3. Stairs for audience access 4. Access to stage area at least 5 hours before audience arrives to allow for set up, lights and sound check 5. Backstage area connected to stage 6. AudioBody does utilize a fog machine and hazer throughout their performance. Please be sure that your fire alarm systems are equipped to deal with this during the performance and rehearsals. SOUND: 1. Professional sound system with sufficient speakers and amplification to produce quality sound without distortion or feedback. 2. Two stage monitor speakers placed in the down stage corners. 3. Two XLR cables (microphone cables) patched in the house sound system run into the stage right wing. This will be used for patching in the company's sub -mixer which runs all of the sound for the show. 4. One cordless hand held microphone (SM58 or comparable) on a stand patched into the house system. LIGHTING: Note: AudioBody will run all of their own stage lighting cues and supply all of the necessary lighting instruments and controllers for their performance. 1. A lighting technician available to run house lights during the performance. 2. Performance area able to achieve complete darkness. 3. A white cyc approximately 25 to 30 feet from the front of the stage if available. MERCHANDISE: 1. One 6 foot table with tablecloth available for the selling of Artists' CDs, posters, t- shirts, and other concessions located in an area with good audience flow toward the exit. 2. One staff person available to sell merchandise at no cost to the Artists. SCHEDULE: The following represents a typical schedule for a performance and load in /out and may be subject to change. Please note these requirements do not represent any time needed to prepare or restore the performance venue for our program. Load- in /Set up 3 hrs Sound Check/Warm up 2 hrs Dinner Break 1 hr Performance 2 hrs Load- out 2 hrs SECURITY: Vendor shall provide proper security at all times to ensure the safety of Artists' equipment and personal property for the duration of the Artist's time at the venue. Any Toss or damages to AudioBody's property shall be the sole responsibility of Vendor. DRESSING /GREEN ROOM(S): 1. Vendor shall provide at least one large dressing room suitable for performers with lockable doors for the sole use of the Artists. 2. Rooms shall be comfortable with heating or air conditioning appropriate to climate. Adequate lighting, dressing mirror, comfortable seating (chairs and /or couches) and PRIVATE toilet facilities in the rooms or within close proximity. 3. Rooms are to be directly accessible to the stage. HOSPITALITY: 1. One hotel room (non- smoking, 2 double beds) for at least the night before and the night of the performance. 2. Hotel accommodations should have WIFI included during the Artists' stay. 3. The Artists will need a full vegetarian meal to be provided for them before the performance. If no meal is provided, Artists should receive a cash stipend of $25.00 USD per artist. REPRODUCTION: No portion of the performance may be broadcast, photographed, recorded, filmed, taped or embodied in any manner for the purpose of reproducing or subsequently broadcasting such performance without Artists' prior written consent. PRESS: AudioBody may be made available for press interviews upon request. WOW RTISTS INC 44167 310 Avenue • Russell, IA 50238 • 641 - 203 -4100 • www.dowartists.com Event Agreement This Event Agreement (this "Agreement "), dated this June 23, 2011 is by and between Home Free of 260 E. Orchard St., Belle Plaine, MN 56011 (hereinafter referred to as "Artist "), through their artist representative Dow Artists, Inc., 44167 310 Avenue, Russell, Iowa 50238 and Lakeville Area Arts Center (hereinafter referred to as "Purchaser "). The Artist and Purchaser hereby agree as follows: 1. Event Information: Saturday, March 10, 2012 • Concert: 7:30 — 9:00 p.m. with 15 minute intermission 2. Contact Person: 3. Performance Location: Tom Barnard Lakeville Area Arts Center 952/985 -4641 (work) 952/985 -8831 (home) 952/457 -0108 (cell) tbarnard(&,,ci.lakeville.mn.us Lakeville Area Arts Center — Seating: 300 20195 Holyoke Avenue Lakeville, MN 55044 4. Compensation: $2,000 guarantee plus 50/50 split at the door after guarantee is met Dow Artists, Inc. Event Agreement — Page 1 of 3 Home Free — Lakeville, MN 3/12 4. Purchaser will make payments by Company Check, Certified Check, Money Order, Bank Draft or Cash (U.S. Currency) as follows: a) A $400 deposit shall be paid by PURCHASER via a company or certified check by August 12011, payable to the ARTIST'S AGENT: Dow Artists, Inc. (Tax ID #20-1813179). a) The balance of $1,600 plus 50% of the door after guarantee is met shall be paid by PURCHASER in company check, cash or certified check no later than Saturday, March 10, 2012 prior to the evening show, payable to the ARTIST: Home Free (Tax ID#26- 3107407) THERE ARE TO BE NO DEDUCTIONS FROM THE AGREED PRICE FOR ANY REASON WHATSOEVER. 5. Hotel Details and Special Requirements: - Number of Artists: 5 - Required Stage Equipment: See attached Rider that is an integral part of this agreement. - Other: See attached Rider that is an integral part of this agreement. - Hotel: 3 non - smoking double rooms (please see attached rider) - Hospitality: See attached Rider that is an integral part of this agreement. 6. Special Conditions: Complimentary Tickets — 2 pairs of tickets to be held for Home Free € t or Dow Artists, Inc. for the public performance. 7. Additional Terms: The attached Technical Rider and Hospitality Rider contain additional terms that are part of the Agreement and are incorporated herein. 8. Force Majeure: The ARTIST or PURCHASER shall not be liable for failure to present if such failure is caused by or due to the physical disability of the ARTIST or regulations of public authorities, labor difficulties, civil tumult, strike, epidemic, fire, bomb scares, blackout, interruption or delay of transportation service, or any cause beyond control of the PURCHASER or ARTIST. Dow Artists, Inc. Event Agreement — Page2 of 3 Horne Free — Lakeville, MN 3112 9. Cancellation Policy: In the event that the PURCHASER cancels this agreement, with or without good cause, the PURCHASER and ARTIST agree to negotiate in good faith to arrive at a mutually satisfactory alternative date for the Performance, and if such negotiations are not successful, the PURCHASER understands and agrees that it shall pay 50% of the COMPENSATION ( #4 above) made under this agreement as liquidated damages, and that it shall reimburse ARTIST for any out -of- pocket expenses incurred prior to the date of cancellation, and in that event the PURCHASER and ARTIST shall have no further obligation to each other. In the event that the PURCHASER cancels this agreement within sixty (60) days of the event, with or without good cause, the PURCHASER and ARTIST agree to negotiate in good faith to arrive at a mutually satisfactory alternative date for the Performance, and if such negotiations are not successful, the PURCHASER understands and agrees that it shall pay 100% of the COMPENSATION ( #4 above) made under this agreement as liquidated damages, and that it shall reimburse ARTIST for any out -of- pocket expenses incurred prior to the date of cancellation, and in that event the PURCHASER and ARTIST shall have no further obligation to each other. 10. Disputes: This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa. All disputes, claims, and questions regarding this agreement will be handled in the state of Iowa. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first written. Presenter (Date) (Dow Artists, Inc. Signature) (Date) Event Agreement should be signed and returned along with the deposit by August 1, 2011 to: Dow Artists, Inc. 44167 310 Avenue Russell, IA 50238 Dow Artists, Inc. Event Agreement — Page 3 of 3 Home Free — Lakeville, MN 3/12 Technical and Hospitality Rider 2011 -12 NOTE: All deviations from this rider must be approved. CONTACT: Each presenter should receive a telephone contact before the arrival of the ARTIST. .A representative of the ARTIST should contact the local presenter and /or the Venue Tech Director approximately 24 -48 hours before the performance date to confirm. Please give us the most appropriate contact to discuss the technical details (lights, stage, facility, etc.) PRESENTER, PLEASE PROVIDE THE FOLLOWING INFORMATION: Venue /Tech Director (NAM): PH: () Cell: O EMAIL Technical: • Stage for the show should be no smaller than 20'x10' unless prior approval by the artist. • Lighting: General lighting is adequate for most shows, however; the stage area should be brighter if possible. • We only request a 20 amp /110 volt circuit for power. • When flying, we will need to plug into the house system which should include at least 2 main speakers, 2 subs, a reverb effects unit, and a sound board we can plug our mics into. We carry our own wireless mics and in -ear monitors. If at all possible, the mixer board should have at least 5 aux sends for our individual monitor feeds. Additional FX units like compressors, noise gates, multi -band EQ, exciters, etc are appreciated but not required. • Technical questions may be directed to: Chris Rupp at 507/382 -9208 or Chris@homefreevocalband.com • FOR ENHANCED PRESENTATIONS: If reasonably available, a screen and projector can be utilized during the show. However, no great lengths need to be made to procure one. Also, if additional lighting options are available, they can be utilized to enhance the show (colors, dimming, etc). Hospitality: • We greatly appreciate 1 case of room temperature bottled water in the dressing room. If possible, a meal or light snack is also greatly appreciated 90 -120 minutes prior to the show. Lighter fare is preferred, ala Subway, salads, etc.. Please verify this with ARTIST during the initial contact conversation. • DRESSING ROOM REQUIREMENTS: One (1) private dressing room on the same floor and with easy access to the stage, furnished with chair, table, mirror, clothes rack with adequate hangers, and wastebasket. The dressing room should have access to a private bathroom (for ARTIST only) with hot and cold running . water, adequately supplied with fresh soap and towels (5), tissue and paper towels. An electric keyboard or piano in the dressing room is appreciated but not required. • RECEPTIONS: The ARTIST will be happy to attend receptions; however due to the rigorous tour schedule, sometimes the ARTIST may not be available. Before attending a reception, the company may also need to complete their touring duties and equipment load -out. Please clear all receptions in advance with the representative of the tour upon initial contact. The ARTIST will ALWAYS try to accommodate. • MERCHANDISE: The ARTIST may have merchandise for sale. If so, Presenter agrees to provide one 6 foot table and volunteer(s) to sell merchandise before the concert, at intermission, and after the concert, if ARTIST requests. • PARKING: Please provide parking or parking passes, suitable for a 9 passenger van and a 10 foot trailer near the load in area. • Comp tickets: If at all possible, artist requests up. to 5 complimentary tickets for the show. Please verify with artist during the initial contact. W ow INC www.dowartists.com 641.203.4100