St. Paul and the Broken Bones/Com Rel/3,500/Art of Wine Entertainment PERFORMANCE AGREEMENT gf! r%
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 the City of Carmel, Indiana, by and through its Board of Public
Works and Safety (the "City"), and St. Paul and The Broken Bones, LLC, an individual or entity authorized to do business
in the State of Indiana and with offices located at c/o High Road Touring; 751 Bridgeway, 3`d Floor, Sausolito, CA 94965
(the"Performer").
1. Performance. The Performer shall provide the following live entertainment: St. Paul and The Broken Bones at IU
Health North Hospital Art of Wine (the "Performance") on July 19, 2014, (the Performance Date"), from 6:00 P.M. to 10:00
P.M, at Carmel Arts & Design District, Carmel, Indiana (the "Venue"). The Performer shall provide all equipment
necessary or desirable for the Performance, except that the City shall provide: standard audio and lighting; mobile
stage trailer. Further particulars of the Performance are described in attached Exhibit A, which is incorporated herein by
this reference. If there should exist any discrepancy between the terms of this Agreement and the terms of any exhibit
attached hereto, the terms of this Agreement shall prevail.
2. Payment. The City shall pay to the Performer the sum of $3 500 (the "Payment") on the Performance Date, which
payment shall constitute all monies due and owing to the Performer from the City for or related to the Performance.
3. Non-Performance. If the Performance is cancelled by the City, then the City 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 the City one-half of the Payment sum as specified in
Paragraph 2 hereinabove.
4. Sales. Neither the City 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 the City.
5. Relationship. The Performer is not, and shall not be considered for any purpose to be, the employee of the City. The
Performer hereby agrees to indemnify and hold harmless the City, and the City'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 the City 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 the City in advertising or marketing the City, the Venue, the Carmel Arts and Design District, and/or and City-
sponsored or City-related events. The License shall survive the termination of this Agreement.
7. Indemnity. The Performer hereby agrees to indemnify and hold harmless the City and the City'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 the City, and the City'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 the City 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 the City 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 the City 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. 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.
13. 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.
14. 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.
15. 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
contained herein. This Agreement constitutes the entire agreement between the Performer and the City 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:
THE CITY OF CARMEL, INDIANA, St. Paul and The Broken Bones, LLC
by and through its Board of Public Works ("Performer")
and Safety ("City")
By By:
James Brainard, Presiding Officer Aut or ec ignature
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Da• Ann urke, Member
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Last Four ofS'to SNiff S le Proprietor
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Dia a Cordray, IAMC, treasurer
Date: —.
•
•
751 Bridgeway,3rd Floor Phone: (415)332-9292
Sausalito;CA 94965 high road touring Fax: (415) 332-4692
Contract 129225
Agreement made this date,March 17, 2014 by and between St.Paul and The Broken Bones,LLC(hereinafter referred to as Artist)and City of Carmel(hereinafter referred to
as Purchaser).It is understood and mutually agreed that the Purchaser engages the Artist to perform the following engagement upon all the terms and conditions hereinafter set forth:
ARTIST: St.Paul and The Broken Bones 1000/0 Equal Festival
VENUE: Art of Wine Festival: Carmel Arts&Design District, PNC Parking Lot Festival 21 N Rangellne Rd, Carmel, IN 46032, USA
PRODUCTION: Josh Baker 317-602-6641 joshbaker7 @gmail.com
SHOWDATES:
Sat,Jul 19, 2014
TICKETS:
• Description Quantity Comps Kills Price Deductions GP Adjusted GP
Total Shows: 1 0 0 0 Gross Potential: 0.00
Facilities Ticket Surcharge: 0 Adjusted Gross Potential: 0.00
FREE SHOW Tax(a/o): Tax Total: 0.00
Net Potential: 0.00
TERMS: 3,500.00 US Dollar(US$)guarantee paid to Artist.
Flat guarantee paid to Artist.
ADDITIONAL PROVISIONS:
Purchaser agrees to provide in house(sound and lights)
Purchaser shall provide any and all rider requirements as per Artist's specifications and approval, at no cost to Artist.
Contract Due to High Road Touring by 3/21/2014
EVENT SPECIFICS:
SATURDAY,JULY 19, 2014 TBD
Doors Open:TBD Show Time:TBD Onstage Time:TBD Curfew: 10:00pm Age Limit:All Ages
Notes:
MERCHANDISING RATES:
Building Sell Merchandise°o: Artist Sell Merchandise%: 100
Building sell Recorded.Product%: Artist Sell Recorded Product%: 100
Notes: +`V1
OTHER ARTIST(S) PAID BY PROMOTER:
PAYMENTS: f.lp Qtlptfit- 76 ov. Check A. pull o.Wlosni- tuts' a I lVt O✓I �n of euC.tt
1750 US Do r(US$ d po t IS DUE to this Agenc • • • r • in the form of a certified check or bank wire only
Balance o ayment y-epp a• e overages in cash or company check is due on the night of show made payable to Artist's
touring entity.
Deposit payments payable to High Road Touring,LLC.Mailing address:751 Bridgeway,3rd Floor
Sausalito,CA 94965 Wire Information:Bank of Marin 999 Anderson Drive,San Rafael,CA 94901 ABA 121141877 Account 07 305808
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 sped is
written agreement with the Artist.
It is understood by the Purchaser and the Artist who are parties to this contract that neither High Road Touring nor it's employees nor directors are parties to this contract in any capacity
other than as Agent and,therefore,that neither High Road Touring nor it's employees nor directors shall be liable for the performance of breach of any provision hereof.
This contract shall not be binding unless signed by all parties hereto.Should any Additional Provision(s),Rider,Addendum,and/or Expense sheet be annexed to this Agreement it/they shall
also constitute a part of this agreement and shall be signed by all parties to this contract.
This agreement of the Artist to perform is subject to proven detention by sickness,accidents,riots,strikes,epidemics,acts of God,or any other legitimate conditions beyond their control.
IN WITNESS WHEREOF,the parties have executed this Agreement on the date first above written.
St. Paul and The Broken Bones, LLC City of Carmel
46-2502482 Signatory: Vanessa Stiles Fed ID#:
X ,1 La. lL:. IAt 1- x
C/O Hlgl Road Touring; (51 Bridgeway, 3rd oor One Civic Square, Carmel, IN 46032, USA
Sausali di,CA 94965 317-696-7102 Fax:
Booking Agent: Brian Jonas (415) 332-9292 Fax:(415) 332-4692 Contact: Vanessa Stiles
EXHIBIT 4
1%7-
St. Paul & The Broken Bones
CONTRACT RIDER
THIS RIDER IS ATTACHED TO AND HEREBY MADE PART OF THE
CONTRACT, DATED BETWEEN
(Hereinafter referred to
as "PURCHASER") AND, St. Paul and The Broken Bones (Hereinafter referred
to as "ARTIST")
Absolutely No Changes Are To Be Made To This Rider Without Prior Agreement
with ARTIST.
STAGE AND SOUND EQUIPMENT
In order to assure a quality concert, PURCHASER agrees to provide ARTIST
with the following, at PURCHASER'S sole cost and expense: Vsirg mobIL"
stoat 1Yau/
A. A stage for performance which must be a minimum of two hundred and
twenty (100) square feet. The stage must be flat, smooth and stable. A close cropped
gray carpet measuring six (6) feet by (6) feet for the drum kit.
B. A professional lighting system suitable to adequately illuminate the stage area.
C. A professional sound augmentation system, with at least 24
inputs, capable of providing clear, undistorted; evenly distributed sound throughout the
audience area. The system must be complete with at least fifteen (15) high quality low
impedance microphones. Also five (5) high quality monitor speakers (see stage diagram
attached). An engineer to operate said system for the full sound check and performance.
MICROPHONES & STANDS:
Two (2) vocal microphones
One (1) trumpet microphone
One (1) trombone microphone
One (1) bass microphone
One (1) guitar microphone
Four (4) drum reinforcement microphones
HOUSE /MONITORING AND LIGHTING ENGINEERS MUST BE PROVIDED
AT NO COST TO ARTIST.
STAGE HOSPITALITY:
Seven (7) BOTTLES OF MINERAL WATER —
'VU 7-
Seven (7) HAND TOWELS (NO BAR RAGS!)
D. ALL EQUIPMENT FOR PERFORMANCE MUST BE SET UP AND
POSITIONED ON PERFORMANCE STAGE AS ILLUSTRATED ON THE
ATTACHED STAGE PLAN SHEET AT LEAST ONE HALF HOUR PRIOR TO
SOUND CHECK FOR ARTIST.
BACKSTAGE AMENITIES / SECURITY / FOOD
PURCHASER shall furnish ARTIST, at PURCHASER'S sole cost and expense, with
One (1) large, safe, comfortable, private dressing room for ARTIST'S sole
use with access to a private laboratory. This room is to be clean, dry, heated or air
conditioned as the weather shall require. The dressing room will be under guard by club
or capable of being locked, particularly when ARTIST is performing.
The dressing room is to contain the following at PURCHASER'S sole cost
and expense:
A. One (1) Large Platter of Assorted Fresh Fruit (Apples,
Oranges, Bananas and Grapes)
B. One (1) Quart of fresh organic (Orange)juice
and assorted soft drinks sufficient for(4) people including drinking
glasses
C. One (1) Case of bottled Spring Water
D. Utensils, Napkins, Plenty of Ice �(4 x ��a
E. Six (6) Clean Bath Towels (NOT bar rags!) •�
F. HOT FOOD sufficient for eight (8) people. (Chicken, Fish, C
Vegetables) Q.*\)-
G. • . . . C., -P
D/C• • t • • .. • • - .ee.,s-
H. Two 2 •• •• e wine, preferably Frenc s • trian, wit . •.ropriate
glassware
I. One (1) six (6)pack of local root beer
J. One (1) hummus platter with pita chips and/or organic veggie sticks
K. One (1) bag of Rold Gold or similar brand pretzels
L. One (1) jar of Chunky Peanut Butter
M. One (1) Electric Kettle for Hot Tea
N. One (1) Box of Throat Coat
O. One (1) bottle of local honey
P. One (1) Fresh Ginger
Q. One (1) pack of new black socks size large
NO RED MEAT OR PROCESSED COLD CUTS. NO FAST
FOOD. PIZZA IS NOT DINNER.
OR
k
.
PURCHASER AGREES TO PROVIDE AT ARTIST'S REQUEST, EITHER BEFORE
OR UPON COMPLETION OF PERFORMANCE, A FULL COURSE HOT MEAL AT
A QUALITY DINING ESTABLISHMENT OR BUYOUT FOR EIGHT (8) PERSONS.
NOTE: ARTICLES "A" THROUGH "Q" APPLY TO BACKSTAGE AMENITIES
ONLY
PURCHASER REPRESENTATIVE
PURCHASER agrees to furnish at his own expense his personal representative
capable of making any decisions pertaining to the engagement from the time
of arrival of the production equipment through the time of departure. This
representative must have copies of all documents pertaining to the
engagement. PURCHASERS representative must be in constant contact with
PRODUCER'S representative to guarantee a smooth and efficient presentation.
PURCHASER agrees to hold twelve (12) complimentary tickets for ARTIST for each
performance.
ALL PAYMENTS ARE TO BE MADE AS PROVIDED HEREIN, IN THE EVENT
PURCHASER FAILS TO MAKE ANY PAYMENTS AT THE TIME STIPULATED
HEREIN OR BREECHES ANY OTHER PROVISION OF THIS AGREEMENT,
ARTIST SHALL HAVE THE RIGHT TO WITHHOLD PERFORMANCE WITHOUT
PREJUDICE TO HIS RIGHTS HEREUNDER.
GENERAL PROVISIONS
A) In the event performance is canceled by PURCHASER for any other reason
than-an Act of God, ARTIST is to be paid the contract fee in full. In the event of such
cancellation, ARTIST shall not be required to perform at any later time. In the event
performance is cancelled by ARTIST for any other reason than Act of God, ARTIST will
refund to PURCHASER any deposits paid to ARTIST.
B) ARTIST shall not be required to perform before any audience which is
segregated on the basis of race or creed, or where physical violence or
injury to ARTIST is likely to occur, nor where strikes or the threat
thereof exists.
C) No portion of the performance(s) may be recorded, filmed, taped,
broadcast or mechanically reproduced in any form for the purpose of
reproducing such performance(s) without prior written consent from ARTIST
or his Management. If any such unauthorized recording is discovered during
the ARTIST'S performance, ARTIST shall have the irrevocable right to
withhold performance without prejudice to his rights rights hereunder and
PURCHASER shall nevertheless in such event remain obligated to make any and
all payments to the ARTIST herein set forth. If such unauthorized recording is
discovered after ARTIST'S performance either during his lifetime or after his death,
ARTIST or his estate shall have full rights, title and ownership in said recordings.
D) Cancellation privilege: PURCHASER agrees that ARTIST may cancel
engagement hereunder, without liability, by giving PURCHASER notice at
least thirty (30) days prior to the date of the engagement in the event
that there has been secured by ARTIST a commitment for a motion picture,
television appearance, video production or recording session which could
conflict with the engagement hereunder. PURCHASER further agrees that
ARTIST may terminate this agreement, at any time prior to the engagement,
if ARTIST shall die or become ill or incapacitated for any reason. If this
Agreement shall be canceled or terminated for any of the reasons referred
to in this paragraph, ARTIST shall promptly refund to PURCHASER any amount
paid by PURCHASER pursuant to this AGREEMENT and ARTIST shall not be liable
to PURCHASER for any loss, damage or expense claimed to have been suffered
by PURCHASER as a result of such termination.
E) In the event of breech by PURCHASER of any of the terms, covenants, or
conditions of this contract, ARTIST shall not be required to perform
hereunder and PURCHASER shall pay ARTIST the full amount of the contract
fee as specified on the face of the contract.
F) This agreement may not be changed, modified or altered except by an
instrument in writing, signed by the parties hereto. In the case of any
conflict of terms, the terms contained in this rider shall prevail.
G) Billing/Advertising: In all news released, announcements,
advertisements, posters and printed programs relative to this engagement, the billing must
read:
St. Paul and The Broken Bones
Please direct all press and media requests and inquiries to:
Browan Lollar
browanlollar @gmail.com
(256) 577-6500
(H) PURCHASER agrees to retain any and all necessary personal injury or property
damage liability insurance with respect to the activities of ARTIST on the premises of
PURCHASER or at such other location where PURCHASER directs ARTIST to
perform. PURCHASER agrees to indemnify and hold ARTIST harmless from any and
all claims, liabilities, damages, and expenses arising from any action or activity of
PURCHASER while ARTIST is rendering the contracted services except for claims
arising from ARTIST'S willful misconduct or gross negligence.
If PURCHASER is unable to fulfill any of the terms in the contract or needs •
additional information, please contact:
Jesse Phillips
thesoftestbullet @gmail.com
(406) 291-2126
AGREED AND ACCEPTED: •
BY: BY: U___
PURCHASER REPRESENTATIVE ARTIST/ I Ai % ;�AGEN
TITLE: TITLE: , I /
DATE: DATE: LI TJ I
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