HomeMy WebLinkAboutEric Herman Endres dba Eric Herman A (6s A`
AGREEMENT FOR ARTISTIC SERVICE
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THIS AGREEMENT is made and entered into this 5 day of (�f il()t2'12011 by and
between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein
referred to as 'CITY' and Eric Herman Endres dba Eric Herman, whose address is 3005 Rose Street,
West Richland, WA 99353, herein referred to as ARTIST'
WHEREAS, the CITY desires to contract with the ARTIST to provide an artistic performance
for the public in Auburn, Washington; and
WHEREAS, the ARTIST has agreed to perform the work in compliance with the terms and
conditions of this Agreement;
NOW THEREFORE, the CITY and ARTIST in consideration of the conditions and covenants
herein do agree as follows:
1 RETENTION OF ARTIST
The CITY does hereby retain the ARTIST to perform the work and services described herein.
The parties agree that the ARTIST is an independent contractor and shall furnish all
supervision, labor and all other incidentals except as specifically provided herein and the
ARTIST agrees to conduct and complete the performance in a competent and professional
manner in accordance with the terms of this Agreement.
2. SCOPE OF WORK
The ARTIST agrees to provide the following specific services in its artistic performance: One
(1)50 minute performance on Wed. August 1 2012,at 12:00 pm.ARTIST agrees to be
on site no later than 11:30 am for set-up and/o}sound check. See attached
performance agreement for additional information.
3. SITE OF PERFORMANCE
The ARTIST will conduct its performance at Les Gove Park, 910 Ninth St. SE Auburn_ ,WA,
98002 herein referred to as 'VENUE'
4 REQUIREMENTS
The CITY shall provide the following for this performance: P/A system (if needed) and covered
stage-
5. COMPENSATION
In consideration of the services to the CITY in connection with the artistic performance, the
ARTIST shall receive total compensation of five hundred dollars and no/100($500:00)
Kids SummerStage 2012
Agreement—Eric Herman
Page 1 of 4
6. PAYMENT
The ARTIST shall be paid by the CITY for the completed work and performance in compliance with
the terms of this Agreement. Such payment shall be full compensation for all work performed and
services rendered under the terms of this Agreement. The payment to the ARTIST shall be in
compliance with the regulations of.the CITY Finance Department. The ARTIST agrees to be
responsible for payment of any and all taxes, which may be due as a result of performance under
this contract. Payment shall be delivered to the ART_IST or his/her designee immediately
following the performance.
7 PROMOTIONAL RESPONSIBILITIES
ARTIST shall provide the following promotional materials to the CITY. Artist/Company biography
photos (high resolution electronic images) and any artwork specifically pertaining to ARTIST upon
signature of this contract.
8. INDEMNIFICATION
The ARTIST agrees to indemnify defend and hold the CITY its agents, representatives and
employees harmless from and against any and all claims, causes of action or demands or any
form of liability of any nature including, but not limited to any copyright infringements for musical
performances, arising out of the performance and obligations contained in this Agreement on the
part of the ARTIST its agents, representatives and employees except where such claims arise
solely from the negligent acts of the CITY its agents, representatives or employees.
9. INABILITY TO PERFORM
If ARTIST is incapacitated from rendering services through sickness or otherwise, or if ARTIST
cannot perform because of fire, accident, act of God or impossibility of performance, the ARTIST
shall not receive any compensation for the time during which the services have not been rendered.
Every effort shall be made between ARTIST and CITY to reschedule the performance(s)at a
mutually agreed upon date.
10. PERFORMANCE RAINOUT
In the event of rain,the CITY will contact the ARTIST by 10:00 AM on the day of the
scheduled performance to determine if the performance will be moved indoors,or be
rescheduled: ARTIST must provide a telephone number where ARTIST can be reached
at the time/date stated above. If rescheduling is not possible within one year of the
event,ARTIST is to be paid on the day of the performance.
11 TERMINATION
In the event the ARTIST or the CITY defaults or fails to comply with any of the requirements of
this Agreement, or any obligations hereunder the CITY may at its option terminate the
Agreement. Such remedies shall be in addition to any other right or remedy each may have.
Kids SummerStage 2012
Agreement-Eric Herman
Page 2 of 4
12. NOTICES
Any notice required or permitted under this Agreement may be personally served, or,given in
writing, and shall be deemed sufficiently given or served if sent by registered or certified mail
addressed to the respective parties as follows:
CITY Kristy Pachciarz, Special Events Coordinator
City of Auburn
910 Ninth Street SE
Auburn, WA 98002
ARTIST Eric Herman
3005 Rose Street
West Richland, WA 98353
Either party may at any time designate a different address to which notices shall be sent.
Notice given in accordance with these provisions shall be deemed received when mailed.
13. GENERAL PROVISIONS
The following provisions may apply
A. No waiver by either party of any breach or default hereunder shall be deemed a waiver
of any preceding or any subsequent breach or default.
B. This Agreement may not be changed or modified nor any provision hereof waived
except in writing agreed to by both parties.
C. This Agreement shall be construed in accordance with and all questions with respect
hereto shall be determined by the laws of the State of Washington.
The ARTIST agrees to pay all reasonable costs, attorney's fees and expenses that
may be incurred by the CITY in enforcing the provisions of this Agreement.
E. In the performance of the work herein, the ARTIST agrees to comply with all
applicable State and local laws, rules and regulations.
Kids SummerStage 2012
Agreement—Eric Herman
Page 3 of 4
ARTIS __ am"L
ERIC HERMAN ENDIzC
ARTIST TAX ID#
DATE. D/tri%
CITY OF AUBURN I
DARYL FABER
PARKS, ARTS& RECREATION DIRECTOR
DATE.
KRISTY PACHCIA Z
SPECIAL EVENTS COORDINATOR
DATE.
Kids SummerStage 2012
Agreement—Eric Herman
Page 4 of 4
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L--v PERFORMANCE AGREEMENT
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This agreement was entered into on September 15, 2011
/ between Eric Herman [hereafter known as ARTIST)
and City of Auburn [hereafter known as BUYER]. 0
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BUYER engages ARTIST for musical performance[s] as follows: -Cie
Eric Herman's Cool Tunes for Kids Concert ♦ a'
Auburn Kids Summerstage, Auburn WA
August 1, 2012 from 12 pm until approximately 12:50 pm
BUYER agrees to pay ARTIST the following compensation: $Uio
ARTIST notes the following consideration[s]: 1
IS Thank you for having me back! r
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THAT'S THE MOST IMPORTANT STUFF. THERE'S SOME OTHER IMPORTANT STUFF
ON THE NEXT PAGE, BUT HERE IS SOME PRINT THAT GETS SMALLER AND SMALLER,
BECAUSE ALL CONTRACTS SHOULD HAVE SOME OF THAT.
In the event that it should start raining cats and dogs, meaning actual cats and dogs
then all work and no play makes Jack a dull boy,and even though there's a lady who's - - .
sure all that glitters is gold,you can lead a horse to water hut you can't make him drink,
so it goes without saying that everything's coming up roses and daffodils and we have
nothing to fear but fear itself,but if you ever get a chance to sea It you really should,
e► because laughter is the best medicine,and I never metaphor I didn't like,
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All necessary sound equipment for performances will be provided by ARTIST,unless otherwise arranged. A space for
performance,with adequate power source,must be made available within 45 minutes of the scheduled start time.
BUYER agrees to promote performance(s)by including performance(s)in all calendars,take-home flyers,bulletin
board and other displays,Internet sites,local radio/newspaper/internet listings,etc. as available and applicable,
within the capabilities of BUYER's venue. PLEASE DOUBLE CHECK DATES AND TIMES OF PERFORMANCE(S)
BEFORE PUBLISHING PROMOTIONS. Promo materials,including flyers,coloring pages(attached),photos,logos
and bio blurbs,are available at ARTIST's website:http://www.erichennanmusic.com/promo.html In all promotions,
ARTIST should be referred to as'Eric Herman'or'Eric Herman and the Invisible Band' or'Eric Herman and the Thunder
Puppies' (if ARTIST's live band is part of the performance). Please do not restrict the age range of the intended
audience with promotions(e.g. 5 and under")without consulting with ARTIST before signing this contract. For most
events,ARTIST would prefer promotion to be directed to 'kids and families' or kids of all ages, or if an age range
must be used, 'ages 2 to 10. (Other ages are welcome by ARTIST,but that is the preferred target age range.)
Be creative with your promotions! We love to see the creative ways that people promote Eric's shows.
ARTIST will be selling merchandise at all public performances. Please provide a table for merchandise sales.
Adequate parking space should be provided for ARTIST(who may be traveling in a 24 ft.RV)and 4 entrance passes(if
necessary)for family. BUYER agrees to provide ARTIST with all-he-can-eat crab legs,and the most expensive bottled
water available for ARTIST to wash his vehicle with. ARTIST agrees that he is just kidding about the crab legs and the
car washing,though if some juice drinks or water can be provided(for drinking)that would be very much appreciated.
In the event of circumstances which inhibit the ability for performances to proceed as scheduled,including but not
limited to acts of God or serious illness or unexpected delay of the ARTIST,the parties may agree to reschedule with
no penalty. For circumstances arising on the part of the BUYER or weather which cause postponement,performance
must be rescheduled and completed within 6 months,per the availability of ARTIST. Full payment is expected on the
originally scheduled dates of performance and will not be refunded in the event of future cancellations.For
circumstances arising on the part of the ARTIST which cause postponement,performance may be rescheduled at the
BUYER's convenience,per the availability of ARTIST.
BUYER agrees to pay a 25%fee for cancellations made from the time of this agreement until 90 days prior to the
performance(s);a 50%fee for cancellations made between 31 and 90 days of the performance(s);a 75%fee for
cancellations made between 7 and 30 days of performance(s). Full payment is expected for cancellations made
within 7 days of scheduled performance(s). Please note that budgetary changes do not invalidate the expectation for
payment to be received as agreed to in this contract.
I have read and agree to all terms as written in this Agreement: PLEASE 00 NOT USE A
CRAYON WHEN SIGNING
THIS AGREEMENT!
g\-fte-r-- 24i vttn.,.. c L 9/15/11
ARTIST DATE
BUYER REPRESENTATIVE DATE
\J Please retum signed copy to:Eric Herman,3005 Rose St. West Richland WA 99353. Any questions,please call(509)460-7950.
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