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HomeMy WebLinkAboutUncle Bonsai AGREEMENT FOR ARTISTIC SERVICE THIS AGREEMENT is made and entered into this day of 2011, by and between the City of Auburn, Washington, a Municipal Corporation of the State of Washington herein referred to as "CITY" and UNCLE BONSAI whose address is, c/o Carol Tingstad Booking/Management, PO Box 684, Issaquah, WA 98027, 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 Uncle Bonsai concert, Sat., March 12, 7:30 pm, 2011. Two 45 minute sets with one intermission. 3. SITE OF PERFORMANCE The ARTIST will conduct its performance at the Auburn Avenue Theater, Auburn, WA., herein referred to as "VENUE." 4. REQUIREMENTS A. I he CITY shall provide the following for this performance: - AUBURN AVt fHFATER 2011 Agreement - (-r Booking/Uncle Bonsdi Page 1 of S • All promotion of performance. including press releases. paid advertising. radio public service announcernents, brochures and postcards, performance programs • Box office management and staffing • Ushers and front-of-house staffing (not including merchandise sales - Reference Item 7-C below • Auburn Avenue Theater for load-in and/or rehearsal plus performance (reference date above). • Sound system and stage lighting • Bottled water and a light snack. 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 artists for performance program and public relations materials with the execution of this contract. 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. I he CITY agrees to provide. through the VENUE, technical labor for this production, as detailed in the ARTIST'S technical rider and as approved by the technical director of the VENUE and the ARTIST 5. COMPENSATION A ARTIST FEE. In consideration of the services to the CITY in connection with the artistic performance, the ARTIST shall receive guarantee compensation, inclusive of travel, as well as a "60140 Split" of box office after CITY expenses. • $1,500.00 (one thousand eight hundred and no/100) for the guarantee of booking. • The CITY further agrees that should ticket revenue exceed above stated compensation, plus $250.00 (two hundred fifty and no/100) for additional VENUE operational overhead, for a total of $1750.00 (one thousand seven hundred fifty and no/100), the ARTIST will AUBURN AVE TI [EATER 2011 Agreement - Cr Booking/Uncle Bonsai Page 2 of 5 receive a total of 60% of that additional amount. B Complimentary Company Tickets: The ARTIST shall be provided up to ten (6) complimentary tickets for the performance. The ARTIST may request tickets in advance or provide the CITY with a guest list prior to the performance 6. PAYMENT • Deposit: The AGENT (payable to Carol Tingstad) will receive $250.00 (two hundred fiftyty and no/100) of the $1,500.00 guarantee to secure the agreed upon performance date by the CITY. • Balance: At the conclusion of the performance the ARTIST will receive a check for $1,250.00 (one thousand two hundred fifty and no/100) payable to Andrew Ratshin 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 • Additional Revenue: Accounting of final box office receipts will be delivered to the ARTIST and AGENT on the first business day following the performance. Payment for additional revenue shall follow the accounts payable policies of the CITY's Finance Department and this final payment of additional revenue shall be made to ARTIST within a maximum of 8 weeks 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. Balance Payment shall be delivered to the ARTIST's company manager or his/her designee immediately following the performance. Additional Revenue, if any, will be mailed to ARTIST. 7. PROMOTIONAL RESPONSIBILITIES A. Promotional materials shall be mutually agreed upon between the CITY and the ARTIST. B. The CITY will market the performance as defined in Item 4. C. The ARTIST assumes sole and total responsibility for all of ARTIST Merchandise Concessions, if any. including inventory. sales and sales personnel ARTIST maintains 100% of total sales of ARTIST Merchandise. The CITY and/or VENUE will provide (1) table in the lobby of the VENUE for Merchandise Sales. 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 AUBURN AVF THEATER 2011 Agreement - cT Booking/Uncle Honsai Page 3 of 5 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, through no fault of the CITY, the performance(s) (Itern 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 venue available to the CITY for such performance. If the performance cannot proceed through some fault of the CITY, but the CITY gives at least ninety (90) days advance notice of cancellation to the ARTIST, 50% of total Deposit (Item 5-A: ARTIST Fee) paid to ARTIST shall be returned to CITY If the performance cannot proceed through some fault of the CITY, and the CITY gives less than ninety (90) days advance notice of cancellation to the ARTIST, none of the total Deposit (Item 5-A: ARTIST Fee) shall be returned to CITY. 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 Jim Klefnbeck, Theater Operations Specialist Auburn Parks, Arts & Recreation 910 Ninth St. SE, Auburn, WA 98002 ARTIST Andrew Ratshin c/o Carol Tingstad Booking/Management PO Box 684, Issaquah. WA 98027 AGENT Carol Tingstad Booking/Management PO Box 684, Issaquah, WA 98027 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. AUBURN AVL THEATER )011 Agrecinenl - CT Bookinq/Uncle Bonsai Page 9 of 5 12, 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. R 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. In the performance of the work herein. the ARTIST agrees to cornply with all applicable State and local laws, rules and regulations. /ARTI (signature) I ARTIST IAXID#: lob-SAS-315111 b - DIRECT CONI ACT PHONE (not agent) (2 00 1-t- L 1701001 - 60 0 DIRECT CONTACT EMAIL (not agent) DATE CITY OF AUBURN Daryl Faber. Director City of Auburn Parks. Arts, and Recreation 6 f v DATE - AUBURN AW IHEATER 2011 Agrcoment - CT Booking/Uncle Bonsai r1age 5 of ti