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AGREEMENT FOR ARTISTIC SERVICE
THIS AGREEMENT is made and entered into this i? day of Dilarcli ,2012, by and between the
City of Auburn,Washington(PRESENTER),a Municipal Corporation of the State of Washington herein
referred to as"CITY"and Forbidden BroadwaylPlaykill II Inc. herein referred to as"ARTIST"and
Windwood Theatricals whose contact Information Is 575 Windwood Lane, Paris,VA 20130-3003, herein
referred to as"AGENT"
WHEREAS,the CITY desires to contract with the ARTIST to provide a performance
(performances)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:
Friday,April 26,2013 and Saturday,April 27,2013. Two(2)performances(90-120 minutes,plus
intermission).
3. SITE OF PERFORMANCE:The ARTIST will conduct its performance at the AUBURN AVENUE
THEATER,10 Auburn Ave herein referred to as"VENUE"
4. REQUIREMENTS
a. The CITY shall provide the following for this performance: Promotion of performance
and performance programs; Box office management and staffing; Ushers and front-of-house
staffing (not Incl.merchandise sales-Reference Item 7-C below).
b. The ARTIST shall provide the following for the performance: Provide scores and
parts for the company and pay all fees(if any)associated with public performance of music;
Engage and rehearse the company; Provide program content, biographies,and optional
photographs of key production staff and artists for performance program and public relations
materials with the execution of this contract;Additional promotion of event as negotiated with
CITY
C. Technical Requirements: The CITY shall provide the following technical assistance for
this performance: The CITY will assist with coordination of technical services between the
VENUE and the ARTIST The CITY agrees to provide,through the VENUE, technical labor for
this production,as detailed in the ARTISTS's Technical rider(See Addendum)and as approved
by the technical director of the VENUE and the ARTIST
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BRAVO 2012—13 Season
Agreement—Forbidden Broadway
Page 1 of 4
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5. COMPENSATION
a. ARTIST Fee: In consideration of the services to the CITY in connection with the ARTIST
scope of work (performance),the ARTIST shall receive total compensation of$15,000
b. Complimentary Company Tickets: The ARTIST shall be provided up to Ten (10)
complimentary tickets for the performance. The ARTIST may request tickets in advance or
provide the CITY box office representative with a guest list 30 min. prior to the performance.
C. Hotel Accommodation: 7 Single hotel rooms for three nights(April 25, 26 and 27, 2013)
6. PAYMENT SCHEDULE
The ARTIST shall be paid as outlined in Item 5 above 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.
a. Deposit of$3000 will be sent to Windwood Theatricals herein referred to as"AGENT"
within 30 days of the execution of this contract, per compliance with the regulations of the CITY
Finance Department.
c. Balance of$12,000 will be delivered to the ARTIST's company manager or his/her designee
immediately following the performance. 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.
7 PROMOTIONAL RESPONSIBILITIES
a. Promotional materials shall be mutually agreed upon between the CITY, ARTIST, and
AGENT
b. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise
Concessions, if any, including inventory, cash bank credit card supplies and sales
personnel. ARTIST maintains 100%of total sales receipts of ARTIST Merchandise. The
CITY and/or VENUE will provide (1)table in the lobby of the VENUE for Merchandise
Sales. If ARTIST cannot-provide sales personnel, the CITY will provide up to two
volunteer personnel. ARTIST and/or AGENT must sign a waiver releasing the CITY of
any liability regarding the sale of merchandise.
B. 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
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BRAVO 2012-13 Season
Agreement-Forbidden Broadway
Page 2 of 4
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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, through no
fault of the CITY, the performance(s) (Item 2: Scope of Work) shall be rescheduled at a mutually
agreed upon date to occur not more than 12 months following the date of the initially scheduled
performance, either at the same VENUE as initially scheduled or at another comparable venue
available to the CITY for such performance. If the performance cannot be rescheduled within that
period, 100%of Deposit(Item 6: Payment Schedule) paid to ARTIST shall be returned to CITY
If the ARTIST services cannot proceed through some fault of the CITY due to causes other than
fire, accident, act of God or impossibility of performance, the CITY shall reschedule the ARTIST
services on a mutually agreed upon date between CITY and ARTIST and either at the same
VENUE as initially scheduled or at another comparable venue available to the CITY for such
performance.
10. 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.
11 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 Maija McKnight,Arts Coordinator
City of Auburn Parks,Arts& Recreation
910 Ninth Street SE
Auburn, WA 98002
253-931-3043 1 mmcknight @auburnwa.gov
AGENT Paul Bartz, Windwood Theatricals
575 Windwood Lane
Paris, VA 20130-3003
540-592-9573
paul(cDwindwoodtheatricals.com www.windwoodtheatricEils.com
Tax Id: 54-2003452
ARTIST PlaykillllInc.
C/O Windwood Theatricals
575 Windwood Lane
Paris,VA 20130-3003
540-592-9573
www.windwoodtheatricals.com
Tax ID. 04-3244866
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.
12. GENERAL PROVISIONS
The following provisions may apply-
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BRAVO 2012-13 Season
Agreement-Forbidden Broadway page 3 of 4
�OPEIIUN YO���NOINEO
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.
D. 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.
ADEN
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DATE
ITY OF
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PETER B. LEWIS, MAYOR
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\�nielle Daskam
CITY Clerk
APPRO AS TO FORM:
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Daniel B. Held
CITY Attomey
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BRAVO 2012-13 Season
Agreement-Forbidden Broadway
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FORBIDDEN BROADWAY/FORBIDDEN HOLLYWOOD
Technical Rider and Show Requirements
January, 2011
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PRESENTER Agrees to furnish, at its sole cost and expense, a theatre for technical set-up and rehearsal as required by
FORBIDDEN BROADWAY/FORBIDDEN HOLLYWOOD (hereinafter called ARTIST) and for performance(s) on the
date(s)and time(s) indicated on the attached contract of which this rider is an integral part. PRESENTER agrees to have the
theatre heated or cooled to a temperature of 65-70 degrees,cleared of other equipment and in good order,with dressing rooms j
for ARTIST, and all other items described and outlined in this technical rider. If there are questions about this rider, please
contact the touring office at 212-840-5564.
PRESENTER,at its cost and expense,agrees to comply with the requirements herein contained and fm-nish the personnel,
accommodations,equipment and material as follows:
A. THEATRE
The stage requirements for the performance(s)are:
I. A riser or permanent stage the minimum dimensions of the playing space at least 16'wide by 12'deep by 24' ?
high. If a temporary stage is being put in,32'wide by 24' deep is preferable to keep the exits and offstage area on the
same playing level. Also,depending on the size and configuration of the audience,a higher stage may be preferable.
Please consult with the ARTIST as to the specifics of your space.
2. There must be stairs provided to access stage level fora backstage as well as from the stage to the audience.
3. Quick change area immediately off right or directly behind the last drop. This area ideally is approximately
24' by 10' It must be on the same level as the playing space. PRESENTER must provide four 8' conference tables
with four horizontal mirrors and two white light clip lights on each table as well as two 8' rolling costume racks with
80 plastic hangers. Two small trash cans, two boxes of facial tissues, and 8 chairs are also necessary. Quick change
area must be fully masked to prevent onstage light leaks.
4. ARTIST will provide a mylar curtain(12'high by 22'wide)that will hang from a pipe 10' to 12'upstage of
the downstage edge of the stage. ARTIST will also provide a portal(18' high by 40'wide with 11' high by 16' wide
opening revealing mylar curtain) that will hang just downstage of the mylar curtain. The portal can be tied back to
accommodate extra length. Both of these goods will hang 3' stage right of center.
5. PRESENTER must provide sufficient legs and borders (teasers), all of which are black, to create one wing
position on either side of the stage. A full blackout curtain is also necessary and shall be hung behind the mylar drop.
6. PRESENTER must provide one grand piano(or baby grand depending on the size of the auditorium--please
consult with the ARTIST to make this decision)with matching piano bench and music light. Piano is placed onstage
left and must be tuned to A-440 on the day of performanec(s). At venues with more than one performance,it may be
necessary to schedule more than one timing. Should the piano not be tuned to ARTIST'S satisfaction, ARTIST
reserves the right to have the piano tuned again at PRESENTER'S expense. Would like to be able to sit on piano once
or twice during the performance--please let ARTIST know if this is possible.
B. TECHNICAL DIRECTOR
PRESENTER shall designate a TECHNICAL DIRECTOR with decision making authority,who shall be accessible to
ARTIST at all times that the ARTIST is in the theatre. ARTIST will be in contact with the Technical Director by telephone in
advance of the performance to schedule and verify crew needs. It is essential that the Technical Director speak directly to
the Artist's Stage Manager to advance the show prior to the show's arrival.
C. LOAD IN ACCESS
The load in door should be as close to the stage as possible and the access to the stage must be clear of all obstructions
before arrival. The show requires a load in door of at least 7' by 8' If scenery/costume boxes must be carried long distance,
PRESENTER should provide a four wheel castered dolly
D. LOAD IN TIME
4 hours is the time required to completely load in and focus all elements, provided all lighting equipment is hung,
gelled and patched according to the information sent and, if risers are being used, they are aheady in place. If this is not
possible,time and manpower requirements will increase. Load in must begin at least six hours prior to show time to allow for
a one hour break before the one hour call. Onstage rehearsal and sound check will be happening simultaneously with load in.
E. LOAD OUT TIME
Approximately one hour is required to load the show out.
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F LOCAL TECHNICAL ASSISTANCE
PRESENTER,at its sole cost and expense,shalt furnish local technical assistance as specified below:
1 Load in:
At least 4 stagebands/electricians and 1 wardrobe assistant are necessary to load the show in once the lights are hung
and focused(and the risers are in place,if applicable). At least two of these people should be familiar with all aspects
of the space(one of them being the aforementioned TECHNICAL DIRECTOR). There must be knowledge of rigging
within this staff. All crew personnel will assist in the unloading of the truck or bus(if gear is not sent ahead of time).
2. Load out:
4 stagehands are also necessary to load the show out. They should report back to the theatre at the scheduled final
curtain time. Preferably they should be the same people that loaded the show in,
3. Run crew'
a. 2 Followspot operators
b. 1 Dresser
c. 1 Sound Operator
d. I Light Board Operator
e. I Deck hand
All ruining crew should report one hour before the scheduled opening to receive their instructions for the show
NOTE. The local followspot operators MUST be experienced in the operation of the followspots, and for venues in
which more than one performance is scheduled, the followspot operators MUST be the same for all of the
performances. No substitutions may be made during the engagement unless requested by the tour's Stage Manager.
NOTE: The local sound operator MUST be experienced in the operation of the sound system, and for venues in
which more than one performance is scheduled, the sound operator MUST be the same for all of the performances.
No substitutions may be made during the engagement unless requested by the tour's Stage Manager.
4 These numbers reflect typical practices in non-union theatres. If the ARTIST is being presented in a union
house, these numbers will increase according to local labor practices and agreements. Also,in any theatre,union or
non-union,if stage labor is not allowed to cross traditional departmental lines,then labor requirements will increase.
PLEASE NOTE: IF THE CREW REQUIREMENT IS NOT MET,THE COMPANY RESERVES THE RIGHT TO
HIRE ADDITIONAL CREW AT THE PRESEN'TER'S EXPENSE.
G. LIGHTING
Because of the wide variety of performance venues in which it is possible and desirable to perform, to quantify the
number and types of lighting instruments is difficult, However, at a minimum, the ARTIST requires the ability to
create the following:
I. Straight-on front light system creating a bright even wash of "white"light onstage.
2. Three saturated color washes (pink, blue, and red) from front of house to be focused on the mylar curtain.
R339,R83,and R26 are the gel colors to be used. (No substitutions in gel color.)
3. Three above stage,down color washes of pink,blue,and red(R339,R83,and R26).
4 An ellipsoidal hung directly above the"center"microphone(3 feet stage right of center).
5. Two (2) followspots that are equally matched, bright, and appropriate for the theatre's distance from
operating position to upstage. No color necessary
H. SOUND
PRESENTER agrees to have ready and in working order the following:
1. Amplifiers and speakers,free from any buzzes or hums,capable of delivering fill range audio to all areas
of the theatre audience. The speakers should be zoned and delayed in accordance with the layout of the
theatre(i.e.front fill,orchestra,under balcony,mezzanine,etc.)
2. 3 on-stage monitors: 2 for the performers and I for the pianist; separate from house amplification system—
need A LOT of sound from these. Performers and pianist should be separate mixes.
3. 2 free-standing,wireless,hand held microphones onstage,in stands with round bases. (No tripod bases.)
4. 1 free-standing,wired microphone offstage(on/offswitch preferred).
5. 1 or 2 microphones used to amplify the piano(AKG SE 391 or similar). (Will be played with lid closed.) li
6. Floor microphones (3 Crown PCC 160 or similar). This will depend on the size and acoustic quality of the
theatre, and,therefore, in some theatres,these may not be necessary This decision will rest solely with the ARTIST
7 1 microphone with on/off switch at stage manager's location(lighting booth)for voice-overs during the show
8. 1 professional quality CD player tied into system.
9 An effects processor with the ability to add reverb into the onstage vocal microphones.
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I. WARDROBE
PRESENTER shall provide:
t. Industrial steamer.
2. Iron and honing board.
3. Laundry facilities(washer/dryer)if there is more than one performance. —
J. COMMUNICATIONS
PRESENTER shall provide:
1. A professional quality single muff headset communications system with.stations for (at minimum): Stage
Manager,Sound Board Operator,Light Board Operator,Deck Carpenter,and Followspot Operators.
2. A monitor and page system to dressing room areas.
K. PROPERTIES-apply to Forbidden Broadway only,not Forbidden Hollywood.
PRESENTER shall provide the ARTIST with the following property items, to be used onstage during the
performance:
1. Rigging for lightweight plastic helicopter to fly either across stage or straight in and out.
2. Rigging for lightweight chandelier to fly straight into stage and back out. 5
3. A T to 8'wooden or metal pole/dowel to be used as a"staff." a j_ r„
L. DRESSING ROOMS — WjJ( Ix Taaviefaj via {ZV Fteuv" Nv� lJ`� t
PRESENTER shall provide: pF S ad e�r>1- PNt fY�1MCC Kam '
1. 2 dressing rooms (I for rnen for ei in nearby vicinity of stage eX-m st be in safe and ail
sanitary condition with adequate ventilation and temperature in the range of 65-75 degrees F
2. Dressing rooms must contain adequate tables,mirrors,electricity and lighting.
3. Toilet facilities must be in the dressing rooms themselves or nearby.
M. HOSPITALITY
A hot meal for 7 cast and staff(i.e. salad,pasta,chicken, and dessert)and an assortment of non-alcoholic beverages
(i.e.coffee,tea, soda,and juice) is requested two hours before each performance. Bottled water must also be provided for the
performers backstage (at least 12 bottles) before each performance. PRESENTER will be made aware if there are any
vegetarians or unusual dietary concerns in the company.
N. HOUSE SEATS
PRESENTER shall make available for ARTIST's use 6 complimentary tickets to each performance in the best
available section of the theatre. ARTIST shall return any unneeded tickets to PRESENTER at least one hour before the start of
the performance(s).
O. PUBLICITY
All use of FORBIDDEN BROADWAY and FORBIDDEN HOLLYWOOD logos and images and all printed materials
containing mention of the shows must be approved,in advance,by Playkill B,Inc.
AGREED:
I Nanb� 2012
Pres ter Data
Technical Director Date
Website Link to Venue Tech Info
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