315653 08/31/17 (9)
CITY OF CARMEL, INDIANA VENDOR: 371270ONE CIVIC SQUARE ARTISTS DEVELOPMENT COMPANYCHECKAMOUNT: $RRRRR1,100.00"
CARMEL, INDIANA 46032 324 W.MAIN STREET CHECK NUMBER: 315653
CARMEL IN 46032 CHECK DATE: 08/31/17
DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION
1203 4359300 100081 61 1,100.00 BOOKING ENTERTAINMENT
om _0 O » � $ O
§ 8_ 22 2 m g O C
w # > m � 0 9
n @ % m
Dm
q 2 2 m« \
A 2
\ 0 � / e \
A ] N) m q o
e 2 -n a m
3 � 2
U Q
_ 0 q 2 /
CO ) 0 2 > 2
o I f z
O 2
> -n O
0O
§ E m |
8 Z
( $ 2 7 CD � /
$ i 2
CL g i 0 m
-n m 2 a a g O
ƒ_ R -
CL
/ 2
v
A =
0 / § J
c m - E I
g 2 g % 3 G ,
04,a /
2 2 i ± / I
I & @
k 2 k
& f - G ƒ C,
C 2 3
(D
#
G N) m § CL 2 ƒ
ƒƒ \ § ) \ f }
• � «
.� so
-n C)m
E g « 7
g� ° 0 ƒ k
� 0 CD
/
/ A _
0 %k § k g
| \� 0-
8 = 0 D
. �0 / Q
a� ƒ I 7 2
U) CL
2 E {
n } 0 E \= r- 0
/ C ) 0 { C
v § a 0
% \ m m 2 » o
CL2 \ 'CL M #
CO) § m \ � \
E
CL f 2 ƒ\
= 0 .
2 §
8 ¥ D
INVOICE
Invoice ID: 00061
Issue Date: August, 22, 2017 G1
Artists Development Company
Due Date: September 30, 2017 324 W Main St,Carmel,IN 46032
3131
Subject: Entertainment Bookings for September 3evelop entco
info@artistdevelopmentcompany.com
(Carmel on Canvas event)
For: The City of Carmel
ITEM DESCRIPTION Date NAME AMOUNT
TYPE
Service Contracted Friday Austin Johnson $250.00
Entertainment September 15,
Guitar/Vocal 2017
Service Friday Reilly Spiller $100.00
Contracted September 15,
Entertainment 2017
Guitar/Vocal
Service Contracted Friday Dianna Davis $200.00
Entertainment September 15
Accordion 2017
Service Contracted Saturday, Molly Jones $300.00
Entertainment September, 16
Harpist 2017
Service Contracted Sunday, $250.00
Entertainment September Emma Hedrick&
Jazz trio 17, 2017 The Main Street
Jazz Band
TOTAL DUE
$1,100.00
�o 1000 1
1
artist
development
company
PERFORMANCE AGREEMENT n
L'
This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the"Effective Date"), is now entered into by and between Artist Development orporation ("ADC"), and Austin Johnson,
an individual or entity authorized to do business in the State of Indiana.
1. Performance. The Performer shall provide the following live entertainment: Guitar / Vocals (the "Performance") on
September 15 2017 (the "Performance Date"), from 11:00 F�M. to 2:30 P.M, at Carmel Arts & Desi- n District,
Carmel, Indiana(the"Venue").The Performer shall provide all equipment necessary or desirable for the Performance.
2. Payment. ADC shall pay to the Performer the sum of $250.00 (the "Payment") upon payment to ADC by the City of
Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC shall pay to the Performer the full amount of the Payment sum as specified in Paragraph 2 hereinabove.
If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments,
liabilities, losses, costs, and expenses(including, without limitation, reasonable attorneys'fees and court costs)that result
from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any
actions of the Performer and/or the Performer's agents, employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to ADC and the City of Carmel a license (the "License") to photograph, video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survive the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including, without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless ADC, and ADC's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
13. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
14. E-Verify. Pursuant to I.C. §22-5-1.7, et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
15. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
2
constitutes the entire agreement between the Performer and ADC with respect to the sut�ect
matter hereof, and supersedes all prior oral or written representations and agreements regarding
same. This Agreement may only be modified by written amendment executed by both parties
hereto. The parties represent and warrant that they are authorized to enter into this Agreement
and that the persons executing this Agreement have the authority to bind the party which they
represent. The parties warrant that they have read this Agreement and understand it, have had
the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of
this Agreement. and enter into the same treely, voluntarily, and without any duress. undue
influence or coercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows.-
ARTIST
ollows:ARTIST DEVELOPMENT CORPORATION Austin Johnson
(°ADC") ('Peribrmer)
By: By:
Blair Clark President Authorized Signature
Date: August 11, 2017
At" . .
Printed Name
TiUe h-%5,L:-e-',
FIDMN;
Last Four of SSN if Sole 4i 2,o H
Proprietor:
Date: $ /:"-f( 0
If Mirm..
I represent., as parent or
guardian of the Performer, we
shall both be bound by the terms
of this Performance Agreement
Signature of Parent of Guardian
artist
development
company
PERFORMANCE AGREEMENT
This Performance Agreement(the"Agreement"),which shall be effective as of the date it is last signed by a party hereto
(the"Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Reilly Spiller, an
individual or entity authorized to do business in the State of Indiana.
1. Performance. The Performer shall provide the following live entertainment: CuitarNocal (the "Performance") on
September 15 , 2017.(the "Performance Date"),from 11: 0 A.M.to 2:30 P.M, at Carmel Arts&Design District, Carmel,
Indiana(the"Venue").The Performer shall provide all equipment necessary.
2. Payment ADC shall pay to the Performer the sum of$100.00 (the "Payment') upon payment to ADC by the City of
Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date,then ADC shall pay to the Performer the full amount of the Payment sum as specked in Paragraph 2 hereinabove.
If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel's officers, officials, employees, agents, and attorneys, from and against all claims, suits,judgments,
liabilities, losses,costs, and expenses(including,without limitation, reasonable attomeys'fees and court costs)that result
from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any
actions of the Performer and/or the Performer's agents,employees,or contractors at or regarding the Performance.
6. license. The Performer hereby grants to ADC and the City of Carmel a license (the"License")to photograph, video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel,the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events.The License shall survive the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including, without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI,ASCAP, SESAC,
or directly from the copyright holder(s)of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless ADC, and ADC's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin,ancestry,age,disabled veteran status and/or Vietnam era veteran status.
12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial,agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
13. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
14. E Verify.Pursuant to I.C.§22-5-1.7,g 9gq„as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
15. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to cavy out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed,omitted, or caused by such party,or its employees,officers,agents,or affiliates.
16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
2
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement,and enter into the same freely,voluntarily,and without any duress, undue influence or coercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Reilly Spiller
("ADC") ("Performer")
By: By.
Blair Clark, President Authorized Signature
Date: August 11,2017
Printed Nam Y
Title
FIDITIN:
Last Four of SSN if Sole Proprietor. /
Date:
If Minor:
I represent, as parent or guardian of the Performer, we
shall both be bound by the terms of this Performance
Agreem nt.
,At, Z , it,, —
Signature of Parent of Guardi n
J lelbIle I I I-eill-
Printed Name j
Date: el2/ 71l'?
3
artist
development
company
PERFORMANCE AGREEMENT
/SG
This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the "Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Dianna Davis, an
individual or entity authorized to do business in the State of Indiana'
1. Performance. The Performer shall provide the following liv entertainment: Accordion music (the "Performance") on
September 15 , 20171(the "Performance Date"), from 11:30WM to 2:30 P.M, at Carmel Arts & Design, Carmel, Indiana
(the"Venue"). The Performer shall provide all equipment necessary.
2. Payment. ADC shall pay to the Performer the sum of$200.00 (the "Payment") upon payment to ADC by the City of
Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC shall pay to the Performer the full amount of the Payment sum as specified in Paragraph 2 hereinabove.
If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments,
liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys'fees and court costs)that result
from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any
actions of the Performer and/or the Performer's agents, employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to ADC and the City of Carmel a license (the "License") to photograph, video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survive the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including,without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless ADC, and ADC's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin,ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
13. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
14. E-Verify. Pursuant to I.C. §22-5-1.7, et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
15. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed, omitted, or caused by such party, or its employees,officers, agents, or affiliates.
16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
2
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement, and enter into the same freely,voluntarily, and without any duress, undue influence or coercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Dianna Davis
("ADC") ("Performer")
By: By:
0,;4 � oAi �
Blair Clark, President Authorized Signature
Date: August 11,2017
Dianna Davis
Printed Name
Musician
Title
FID/TIN:
Last Four of SSN if Sole Proprietor:
Date:
If Minor:
I represent, as parent or guardian of the Performer, we
shall both be bound by the terms of this Performance
Agreement.
Signature of Parent of Guardian
Printed Name
Date:
3
artist
development
company
PERFORMANCE AGREEMENT
This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the"Effective Date"), is now entered into by and between Artist Development Corporation ("ADC"), and Molly Jones, an
individual or entity authorized to do business in the State of Indiana.
1. Performance. The Performer shall provide the following live entertainment: Harp Music (the "Performance") on
September 16, 2017_, (the "Performance Date"), from 5:00 P.M. to 9:00 P.M, at Carmel Arts & Design District for the
Reception, Carmel, Indiana (the"Venue").The Performer shall provide all equipment necessary.
2. Payment. ADC shall pay to the Performer the sum of$300.00 (the "Payment") upon payment to ADC by the City of
Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC shall pay to the Performer the full amount of the Payment sum as specified in Paragraph 2 hereinabove.
If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments,
liabilities, losses, costs, and expenses(including, without limitation, reasonable attorneys'fees and court costs)that result
from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any
actions of the Performer and/or the Performer's agents, employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to ADC and the City of Carmel a license (the "License") to photograph, video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survive the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including, without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless ADC, and ADC's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin, ancestry, age,disabled veteran status and/or Vietnam era veteran status.
12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
13. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
14. E-Verify. Pursuant to I.C. §22-5-1.7, et sea., as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
15. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed,omitted, or caused by such party, or its employees, officers, agents, or affiliates.
16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
2
= d ouhonlbt labY�nn dr a�
! .. 77
-
WOW. t 3
Ml-
to t that m hoe rowill
3w"aalft, we Of c'unset the
mut eny�ure�s,undue influetu�s or eo4n. y
sxow i d this A mwn*nt s f avow- a
,t
wow
mob
h*
J
1
A
J
4
t$
t
artist
development
company
PERFORMANCE AGREEMENT
This Performance Agreement(the"Agreement"), which shall be effective as of the date it is last signed by a party hereto
(the"Effective Date'), is now entered into by and between Artist Development Corporation ("ADC"), and , an individual or
entity authorized to do business in the State of Indiana.
1. Performance. The Performer shall provide the following live entertainment: Emma Hedrick and the Main street Jazz
Band (the"Performance") on September 17 , 201 (the"Performance Date'), from 2:00 P.M. to 6:00 P.M, at Carmel
for the Arts Fair at Sophia Souare, Carmel, Indiana (the"Venue").The Performer shall provide all equipment necessary.
2. Payment. ADC shall pay to the Performer the sum of$250.00 (the "Payment") upon payment to ADC by the City of
Carmel, Indiana ("City of Carmel"), typically within forty-five (45) days of the Performance Date, which payment shall
constitute all monies due and owing to the Performer from ADC for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by ADC at least thirty (30) days prior to the Performance Date,
ADC owes no amount to Performer. If the Performance is cancelled less than thirty (30) days before the Performance
Date, then ADC shall pay to the Performer the full amount of the Payment sum as specified in Paragraph 2 hereinabove.
If the Performance is not provided by the Performer as specified in Paragraph 1 hereinabove, the Performer shall pay to
ADC one-half of the Payment sum as specified in Paragraph 2 hereinabove.
4. Sales. Neither ADC nor the Performer shall sell tickets or charge admission to the Performance. On the Performance
Date, the Performer may, in conformance with the laws, rules, and regulations of the Venue, sell the Performer's
merchandise at the Performance location, and the Performer shall retain all proceeds therefrom without contribution to
ADC.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of ADC or the
City of Carmel. The Performer hereby agrees to indemnify and hold harmless ADC and the City of Carmel, and ADC and
the City of Carmel's officers, officials, employees, agents, and attorneys, from and against all claims, suits, judgments,
liabilities, losses, costs, and expenses (including,without limitation, reasonable attorneys'fees and court costs)that result
from any claim for wages, benefits, or otherwise by any agent, employee, or contractor of the Performer or from any
actions of the Performer and/or the Performer's agents, employees, or contractors at or regarding the Performance.
6. License. The Performer hereby grants to ADC and the City of Carmel a license (the "License") to photograph, video
record, or otherwise depict, in, on, or through any medium (whether print, digital, or other media format), the Performer
and the Performance, for use by ADC and the City of Carmel in advertising or marketing ADC, the Venue, the City of
Carmel, the Carmel Arts and Design District, and/or ADC-sponsored or ADC-related events. The License shall survive the
termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless ADC and ADC's officers, officials,
employees, agents, and attorneys from and against all claims, suits, judgments, liabilities, losses, costs, and expenses
(including, without limitation, reasonable attorneys'fees and court costs)that result from the Performance or the breach of
this Agreement by Performer.
8. Assignment.The Performer shall not assign this Agreement or any of its obligations hereunder.
9. Copyright Permission. The Performer hereby agrees to obtain all necessary permissions from BMI, ASCAP, SESAC,
or directly from the copyright holder(s) of all songs or other works that is not in the public domain and that will be part of
the Performance, and hereby agrees to indemnify and hold harmless ADC, and ADC's officers, officials, employees,
agents, and attorneys, from and against all claims, suits, judgments, liabilities, losses, costs, and expenses (including,
without limitation, reasonable attorneys' fees and court costs) that result from the Performer's failure to obtain such
permissions.
10. Compliance with Law; Lawful Orders. The Performer agrees to comply with all federal, state and local laws,
executive orders, rules, regulations and codes applicable to the Performer's performance of its obligations under this
Agreement, and all relevant provisions thereof are incorporated herein by this reference. The Performer agrees to
indemnify and hold harmless ADC from any loss, damage and/or liability resulting from any such violation of such laws,
orders, rules, regulations and codes. The Performer further agrees to comply with all lawful orders of ADC with regards to
or related to the Performance.
11. Nondiscrimination. The Performer represents and warrants that it and all of its officers, employees, agents and
contractors shall comply with all laws of the United States, the State of Indiana and Carmel, Indiana prohibiting
discrimination against any employee, applicant for employment, or other person in the performance of the Performer's
obligations under this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and
any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national
origin, ancestry, age, disabled veteran status and/or Vietnam era veteran status.
12. Governing Law; Lawsuits. This Agreement is to be construed in accordance with and governed by the laws of the
State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder,
they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only,
and agree that such court is the appropriate venue for and has jurisdiction over the same.
13. Iran Certification. Pursuant to I.C. § 5-22-16.5, the Performer hereby certifies that it does not engage in investment
activities within the Country of Iran.
14. E-Verify. Pursuant to I.C. §22-5-1.7, et seq., as the same may be amended from time to time, and as is incorporated
herein by this reference, the Performer hereby certifies that, to the extent the Performer has any employees, the
Performer has enrolled and is participating in the E-verify program and does not knowingly employ any unauthorized
aliens. Should the Performer violate Indiana's E-Verify law, the City may terminate this Agreement in accordance with
therewith.
15. Force Majeure. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or
interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out
its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this
provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without
limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrences, orders or acts of military or civil
authority, or by national emergencies, insurrections, riots, or wars. The excused party shall use reasonable efforts under
the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable
dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable
control of a party if committed, omitted, or caused by such party, or its employees, officers,agents, or affiliates.
16. Miscellaneous. The indemnities set forth in this Agreement shall survive the termination of this Agreement. The
invalidity or unenforceability of any term or condition of this Agreement shall not affect the other terms and conditions, and
this Agreement shall be construed in all respects as if such invalid or unenforceable term or condition had not been
2
contained herein. This Agreement constitutes the entire agreement between the Performer and ADC with respect to the
subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. This
Agreement may only be modified by written amendment executed by both parties hereto. The parties represent and
warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the
authority to bind the party which they represent. The parties warrant that they have read this Agreement and understand
it, have had the opportunity to obtain legal advice and the assistance of counsel throughout the negotiation of this
Agreement,and enter into the same freely,voluntarily,and without any duress, undue influence or coercion.
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as follows:
ARTIST DEVELOPMENT CORPORATION Emma Hedrick and the Main street Jazz Band
("ADC") ("Performer*)
By: By:
Blair Clark,President Authorized Signature
Date: _ August 11,2017
�MrYL�I.. 4�t(.k--
Printed Name
Title
FID/TIN:
Last Four of SSN if Sole Proprietor:10 �
Date:
If Minor:
I represent, as parent or guardian of the Performer, we
shall both be bound by the terms of this Performance
A7reement.
Al "AA-�
STig'wn- re of Parent of Guardian
Printed Aame
Date: 02 /�—7 _
I
3