Judah & the Lion/Com Rel/4000/Art of Wine EntertainmentPERFORMANCE AGREEMENT
•
This Performance Agreement (the "Agreement'), which shall be effective as of the date it is last signed by a pa eto
(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 Judah and the Lion, LLC, an individual or entity authorized to do business in the State
of Indiana and with offices located at 2000 Glen Echo Road, Suite 105 Nashville, TN 37215 (the "Performer ").
1. Performance. The Performer shall provide the following live entertainment: Judah and the Lion at IU Health. North
Hospital Art of Wine (the "Performance ") on July 18, 2015. (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 $4,000.00 (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 Performers 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,
by and through its Board of Public Works
and Safety ( "City")
By:
kfames Brainard, P - . idi Officer
ate:
Mary Ann
Date:
Lon S. Watson, M
Date:
ATTES
ana Cordray, IAMC, Clerk
Date:
• i,•
assurer
Judah and the Lion, LLC
("Performer)
Printed N
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Title
FIDTTIN: 6 ) — 5 5 2 .7-7- 9
Last Four of SSN if Sole Proprietor:
Date: 5 /� ��
PARADIGM PERFORMANCE CONTRACT J # 62003 J PAGE 1 OF 3
TALENT AGENCY
360 PARR AVE. SOUTH, !6m FLOOR 1 NEW YORK, NY 10010 1 212. 897.6400 1 212 - 703 -7599 fAX AM tr. oatm9 APR 27, 2015
Judah and the Lion J Art of Wine Carmel Festival; J Carmel, IN J Sat, Jul 18, 2015
Agent: Jason Kupperman 1 JKuppermanoparadlgmagency.com
THIS PERFORMANCE CONTRACT is dated Monday, April 27, 2015 by and between JUDAH AND THE LION, LLC ( "ARTIST COMPANY "),
which shall furnish the services of Judah and the Lion ( "ARTIST "), and MOKB PRESENTS, LLC ( "PURCHASER ") for the engagement
listed below on the terms and conditions set forth In this Agreement.
This Performance Contract between ARTIST COMPANY and PURCHASER consists of this principal agreement together with the
Additional Terms and Conditions, ARTIST'S RIDER (If any) and any other exhibits and addenda which are attached hereto and
incorporated herein by this reference (collectively, this "Agreement ").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and ARTIST COMPANY
hereby agree as follows:
1. ENGAGEMENT / VENUE:
VENUE: Art of Wine Carmel Festival
ADDRESS: 21 N Rangeline Rd
Carmel, IN 46032
United States
DATE OF SHOW(S): Sat, Jul 18, 2015 T.B.D. SET LENGTH:
NO.OF SHOWS: 1 AGES: All Ages
CURFEW: 10 :OOPM
2. COMPENSATION:
$ 4,000.00 guaranteed to ARTIST (the "Guarantee ").
Flat Guarantee
3. PAYMENT TERMS:
— PURL- HASER-Shalf-pay-a-deposit-irt- the - amount -ofd 400.uU to PARADIGM TALENT AGENCY no later than I nursday, Jun
All deposits shall be payable Ay either bank wire to:
PARADIG LI UST (LBMJ CITY_NATION L BANK
ACCT: 1 62064 -� '— 40�N. Rory Dr 5th Fl
_A&A 22016066 -- eeverTylJiills,- CA -9021D
SWIFT CODE: CINAUS6L
Or by cashier's or certif check payable to PARADIGM CLIENT TRUST (LBMJ a d- delive to Paradigm Talent Agency at:
360 Par Ave. ouch, 16th Floor
New Yo 10010
The ba of the Guarantee shall be paid to and In the name of ARTIST COMPANY y cas or cashier's check not later than the
Wing of the Engagement.
4, PRODUCTION:
5. BILLING:
PURCHASER to provide and pay for Sound and Lights, approved by ARTIST.
100% Festival Headline
6. TICKET SCALING AND PRICES:
DESCRIPTION
GA
CAP: 10,000
SCALING NOTES
Performance Contract 62003.pdf
TOTALS:
QUANTITY COMP PRICE TOTAL
10,000 0.00 0.00
10,000 0 $ 0.00 GROSS POTENTIAL
EVI 't iT
lof7
page 1 of 3
PARADIGM
TALENT AGENCY
360 PARK AvE. SOUTH, 16TH FLOOR
NEw YORK, NY 10010
PERFORMANCE CONTRACT # 62003 PAGE 3 of 3
212- 897 -6400
I 212-703 -7599 FAX AFN LJC. 008179 APR 27, 2015
Judah and the Lion 1 Art of Wine Carmel. Festival 1 Carmel, IN• [Sat, A11_18, 2015
Agent: Jason Kupperman i )Kupperman@paradigmagency.com
ADDITIONAL TERMS AND CONDITIONS
1. NO performance on the engagement shall be recorded, reproduced or transmitted from the place of performance, in any manner or by any means whatsoever
in the absence of a specific written agreement with Artist relating to and permitting such recording, reproduction or transmission.
2. It is expressly understood by the PurCAaser and the Artist who are parties to this contract that neither the Federation nor the Local Union nor Paradigm are
parties to this contract In any capacity and, therefore, that neither the Federation nor the Union Local nor Paradigm shall be liable for the performance or breach
Of any provision 'hereof.
3. A representative of the Local Union, or the Federation, shall have access to the place of engagement covered by this contract for purposes of communicating
with the Artist performing the engagement and the Purchaser.
4. The agreement of the Mist to perform n subject to proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any other legitimate
conditions. beyond Artist's control.
5. Provided Artist is ready, willing, and able to perform, Purchaser agrees to compensate Mist in accordance with the terms hereof, In full, regardless of acts of
Gad, fire, accident, riot, strike, or any event(S) of any kind of character whatsoever.
b. Purchaser's violation or failure to perform or fulfill any of the terms, covenants or conditions set forth In this agreement shall constitute a material breach, which
Shall' . entitle Artist not to appear or perform for any performance(s) of this engagement without any liability to Purchaser; and in such event, Purchaser shall
be obligated to Mist for the full amount of compensation guaranteed to Artist, in addition to any and all other remedies for such breach which remedies shall
be • cumulative. In addition, if, on or before the date of any scheduled performance, Purchaser has failed, neglected or refused to perform any contract with
any other performer for any earlier engagement, or if the financial standing or credit of Purchaser has been Impaired or is m Artist's opinion unsatisfactory,
Artist shall have the right to demand the payment of all compensation forthwith. If Purchaser falls or refuses to make such payment forthwith, Artist shall have
the right to cancel Artist's engagement by notice to Purchaser to that effect, and in which event Artist shall retain any amounts theretofore paid by Purchaser.
Each term covenant and condition hereof is an essential condition precedent to Artist's obligation to perform and any breach by Purchaser shall entitle Artist
to recover, without limitation, damages for any foss of good will and Injury to Artist's reputation, all costs and disbursements of Artist in reliance upon this
engagement and Artist's actual attorney's fees and costs in connection with any suit, arbitration or other proceeding whether or not reduced to final judgment
or award, arising out ofthis contract or engagement or to enforce the terms hereof.
7. Purchaser shall first apply any and all receipts denved from the entertainment presentation to the payments required hereunder. All payments shall be made in
full without any deduction whatsoever.
8. In the event the payment to Artist shall be based in whole or in part on receipts of the perforrnance(s) hereunder, Purchaser agrees to deliver to Artist a certified
statement of the gross receipts -of each performance within two (2) hours following such performance. Artist shall the right to .have a representative present in
the box office at all times and such representative shall have access to box office records of Purchaser relating to gross receipts of this engagement only.
9. Purchaser agrees to furnish at its own expense on the date and at the time of the performances) above- mentioned, all that is necessary for the proper
presentation of the entertainment presentation, including a suitable meater, hall or auditorium, well heated, lighted, clean and in good order; stage curtains,
t�)..) properly tuned grand piano or pianos -and public address system in perfect, working condition including microphones in number and quality required by Artist,
/� dressing rooms, all necessary electricians and stage hands, all lights, tickets, house programs, all licenses including musical performing rights licenses, special
I' police, ushers, ticket sellers, ticket takers, appropriate and sufficient advertising and publicity including but not limited to big- posting, mailing and distribution
.9.» 1, of circulars, display newspaper advertising in the principal newspapers and Purchaser shall pay all other necessary expenses in connection therewith. Purchaser
Q.m nYwill pay ail music royalties in connection with Mist's use of music, and In addition, the costs of any musicians (Including Contractor) other than those furnished
„n iv. by Artist as part of Mist's regular company. Purchaser agrees 10 pay all amusement taxes. Purchaser shall comply with all regulations and requirements of any
V�J union or unions that may have jurisdiction over any of the said materials, facilities and personnel to be furnished by Purchaser and Artist. Purchaser agrees to
comply promptly with Artist's directions as to stage settings for the performance hereunder. If Artist so requires, Purchaser will furnish at its own expense all
necessary facilities, electricians, stagehands and-other personnel for lighting and dress rehearsals. Purchaser shall furnish at its own expense all other items and
personnel (including but not limited to any and all personnel, including musicians, as may be required by any national required for the proper presentation of the
entertainment presentation hereunder, and any rehearsals therefore, except for those items and personnel which ARTIST herein specifically agrees to furnish.
10. Artist shall have the sole exclusive control over the production, presentation and performance of the engagement hereunder, including but not limited to the
details, •means and methods of the performances of the performing Artists hereunder, and Artist shall have the sole right as Artist may see fit to designate and
dlange at any time the performance personnel other than the Artist hereinafter specifically named.
11. Nothing in this agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having
Jurisdiction over the services and personnel to be furnished by Artist to Purchaser hereunder and wherever there is any conflict between any provision of this
Agreement and any law, rule or regulation, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified, or limited only to the extent
necessary to eliminate such Conflict.
12. This constitutes the sole, complete and binding agreement between the parties hereto. This Agreement may not be changed, modified or altered except by
an instrument in writing signed by both parties. This Agreement shall be construed in accordance with the laws of the State of New York. Purchaser shall not
have the right to assign this Agreement, or any provision thereof, but Artist shall have the right from time to time, and at any time, to assign its ngh1S and /or
delegate Its obligations hereunder, in whole or in part to any person, firm or Corporation.
13. Nothing herein contained shall ever be construed as to constitute the parties hereto as a partnership, or Joint venture, nor to make Mtst liable in whole or
in part for any obligation that may be incurred by Purchaser in. Purchaser's carrying out any of the provisions hereof, or otherwise. The person executing this
Agreement on Purchaser's behalf warrants his authority to do s0, and such person hereby personally assumes liability for the payment of said price in full.
14. If Purchaser is providing air transportation, Artist management is to receive hard tickets (or the financial equivalence) NO E- TICKETS, no less than 1 (one)
month prior to engagement, or date may be cancelled and deposit (whether received or due) will be forfeited.
15. PARADIGM ACTS ONLY AS AGENT FOR ARTIST AND ASSUMES NO LIABILITY.
Performance Contract 62003.pdf
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TOWELS
For the Stage — 15 Dark Hands Towels (Black Preferred)
Dressing Room (If showers available) — 10 Large Bath Towels
These can be left in the green room for the band to grab as needed.
CATERING/MEALS
7 Hot Meals, Meal Tickets, or Buy -Outs should be provided for Dinner for Judah
& the Lion band and touring party no later than One (1) hour before the start of
the performance.
HOSPITALITY
In the Green Room, the Buyer should make the following items available to the
Artist no later than the start of sound check:
• One Case (24) Bottled Water
• Twelve (12) Redbulls
• Twelve (12) Glacier Freeze Gatorades
• Six (6) Peanut Butter Chocolate Chip Cliff Bars
• Chips and Dip
• Fresh Deli Meat (Turkey, Ham) with Block of Cheese and Crackers
• 6 Bananas
MERCHANDISE SALES
Artist is to be provided a large well -lit space to sell merchandise before, during,
and after the performance. Venue shall also provide one (1) folding table eight (8)
feet in length, one (1) power drop at table, Unless otherwise specified in the
contract. Artist will retain 100% of merchandise sales revenue,
COMP TICKETS
The success of every performance is due in part to the hard work put in by street
team members, merchandise volunteers, and other parties. Venue is to provide
Artist with fifteen (15) comp tickets for each performance. Any unused tickets will
be released by Artist on the day of the performance.
SECURITY /CREDENTIALS
We will not be traveling with our own tour credentials so we ask that the venue
provide access passes to backstage areas for all members of our touring party
as well as any openers that will be advanced on a show -by -show basis.
SCHEDULE
The touring party would like access to the venue as soon as it can be granted.
This should be no later than four (4) hours before venue doors if at all possible.
Once load in time is locked in, the day of schedule will be discussed in more
detail on a phone call with the Tour Manager.
EX' :!rat
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JUDAH & THE LION - TECHNICAL RIDER
INPUT LIST
Instrument
Kick In
Kick Out
Snare
Tom 1
Tom 2
OH L
OH R
SPD -SX (Drum Pad)
Aux Tom 1
Aux Tom 2
Nord L (Keys)
Nord R (Keys)
Synth Bass (Keys)
Midi L (Keys)
Midi R (Keys)
Accordian
Mandolin (Pickup)
Mandolin (Clip On)
Acoustic Guitar
Banjo
BGV 1 (Brian)
Lead Vox (Judah)
BGV 2 (Nate)
BGV 3 (Dylan)
Mic/DI
SM91
Beta 52
SM57
e604
e604
SM81
SM81
Radial DI
e604
e604
Radial DI
Radial DI
Radial DI
Radial DI
Radial DI
SM57
Pickup Provided
Mic Provided
DI Provided
DI Provided
SM58
Mic Provided
SM58
SM58
T.M. - Adam Davis
Stand
SB
T8
Clip On
Clip On
TB
TB
Clip On
Clip On
TB
TB
TB
TB
T8
1
JUDAH & THE LION - TECHNICAL RIDER 3
BACKLINE REQUIREMENTS
Drums:
Kick
Snare
Hi Hats
Ride
Top Tom
Floor Tom
All hardware to accompany
Kick Pedal
Drum Rug
Throne
Extra cymbal stand
Keys:
Nord Stage 2 SW or Electro 3 SW (+ Power Cable)
3 Stands Total (1 Ultimate Support AX -48 preferred)
Alternative is 3 ON -STAGE Stands
2 Standard Keyboard Sustain Pedals
T.M. - Adam Davis
50-rq