26.06.08 MA GEP Productions - Audio & Video Recording
2026 Performance Agreement regarding Audio & Video Recordings Approved as to Form by Town Attorney (2026)
June 1, 2026
Page 1 of 2
2026 Performance
Agreement Regarding Audio
and Video Recording During
Live Performances
Location: Harry A. Nottingham Park & Avon Pavilion
Event / Performance: Salute to the USA
Date: July 3, 2026
Artist: Grace Potter
Artist’s Authorized Representative: Jake Napoli, Tour Manager, GEP Productions, Inc.
This Performance Agreement Regarding Audio and Video Recording During Live Performances (Agreement)
dated June 8, 2026, is between the Town of Avon, a Colorado home rule municipality (Town), and Jake
Napoli, Tour Manager for GEP Productions, Inc. located at 1209 Orange Street, Wilmington, DE 19801,
Authorized Representative of Artist Grace Potter (Artist’s Authorized Representative) (collectively referred to
as Parties).
1. Artist’s Authorized Representative is granted permission to capture audio and/or video recordings
from Front of House during Artist’s July 3, 2026, performance at Salute to the USA at Harry A.
Nottingham Park & Avon Pavillion (Performance), subject to coordination with Event Production
Staff.
2. Recording activities shall not interfere with event operations, audience experience, or safety, as
determined by the Town. The Town reserves the right to revoke recording permission if terms of this
Agreement are violated and/or safety or operations concerns arise.
3. Artist and Artist’s Representative shall retain ownership of recordings and assume the complete and
sole responsibility of complying with all laws, rules, and regulations concerning copyright and similar
intellectual property right laws pertaining to material to be used, performed, or displayed at the
performance and for payment of all license or similar fees in connection therewith.
4. Artist grants the Town a non-exclusive, perpetual, royalty-free license to use excerpts not exceeding
thirty seconds or not comprising a full song for promotional purposes at no cost to the Town. Artist
and Artist’s Authorized Representative waive all rights they may have to any claims for payment or
royalites connected to any use, exhibition, streaming, web casting, televising, or publication by any
other method of these materials by the Town. The Town will make reasonable efforts to credit Artist
when practical but failure to do so shall not constitute a breach of this Agreement.
5. Any commercial release referencing the event name or Town branding requires prior written approval
from the Town.
6. Artist agrees to indemnify, defend, and hold harmless the Town, its members, affiliates, offiers,
directors, partners, employees, and agents from and against all claims, damages, losses, and
expenses including, but not limited to, attorney’s fees and costs, arising out of all actions related to
2026 Performance Agreement regarding Audio & Video Recordings Approved as to Form by Town Attorney (2026)
June 1, 2026
Page 2 of 2
the Audio and Video Recording of the Performance including, but not limited to, the taking, recording,
digitizing, public, or use of photographs, computer images, video, and/or sound recordings and use
of the same. This indemnification provision shall survive the completion of the Performance and the
satisfaction, expiration, or termination of this Agreement.
7. Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any governmental
immunity that may be available by law to the Town, its officials, employees, contractors, or agents or
any other person acting on behalf of the Town and, in particular, governmental immunity afforded or
available to it pursuant to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
8. Nothing contained in this Agreement is intended to, or shall create a contractual relationship with,
cause of action in favor of, or claim for relief for, any third-party, including any agent, sub-consultant,
or sub-contractor of Artist or Artist’s Authorized Representative. Absolutely no third-party
beneficiaries are intended by this Agreement. Any third-party receiving a benefit from this Agreement
is an incidental and unintended beneficiary only.
9. This Agreement shall be governed by and interpreted according to the law of the State of Colorado.
Venue for any action arising under this Agreement shall be in the appropriate court for Eagle County,
Colorado. To reduce the cost of dispute resolution and to expedite the resolution of disputes under
this Agreement, the Parties hereby waive any and all right either may have to request a jury trial in
any civil action relating primarily to the enforcement of this Agreement. The Parties agree the rule
providing ambiguities in a contract are to be construed against the drafting party shall not apply to
the interpretation of this Agreement. If there is any conflict between the language of this Agreement
and any exhibit or attachment, the language of this Agreement shall govern.
10. The Contractor shall not assign this Agreement without the Town’s prior written consent.
11. In the event a Court of competent jurisdiction holds any provision of this Agreement invalid or
unenforceable, such holding shall not invalidate or render unenforceable any other provision of this
Agreement.
AGREEMENT READ, UNDERSTOOD, AND APPROVED:
Town of Avon
Contract - Performance Agreement - AV
Recording GEP Productions 6.8.2026
Final Audit Report 2026-06-11
Created:2026-06-10
By:Danita Dempsey (ddempsey@avon.org)
Status:Signed
Transaction ID:CBJCHBCAABAAW5qslPNLIO1_hTLBM45YZU-_-iMQCV2V
"Contract - Performance Agreement - AV Recording GEP Produ
ctions 6.8.2026" History
Document created by Danita Dempsey (ddempsey@avon.org)
2026-06-10 - 7:54:49 PM GMT
Document emailed to Jake Napoli (jake.napoli@gmail.com) for signature
2026-06-10 - 7:55:56 PM GMT
Email viewed by Jake Napoli (jake.napoli@gmail.com)
2026-06-11 - 9:26:57 AM GMT
Document e-signed by Jake Napoli (jake.napoli@gmail.com)
Signature Date: 2026-06-11 - 9:27:21 AM GMT - Time Source: server - Signature Appearance Selected: IMAGE
Document emailed to Danita Dempsey (ddempsey@avon.org) for signature
2026-06-11 - 9:27:22 AM GMT
Document e-signed by Danita Dempsey (ddempsey@avon.org)
Signature Date: 2026-06-11 - 2:43:49 PM GMT - Time Source: server - Signature Appearance Selected: IMAGE
Agreement completed.
2026-06-11 - 2:43:49 PM GMT