Loading...
03-17-2004 CONCERTED EFFORTS CONTRACT C.J. CHENIER & THE RED HOT LOUISIANA BANDCC or aert - P.O. Box 600099 • Newtonville, MA 02460 LISA Telephone (617) 969-0810 FAX # (617) 969-6761 American Federation of Musicians of the United States and Canada r (HEREIN CALLED "FEDERATION") Contract Number: 024201 AND ANY APPLICABLE DEPOSIT BE LOW OR ARTIST HAS RIGHT TO VOIDMUSTCONTRACTRECEIVED BY DATE(S) CONTRACT SPECIE EDT BE Whenever the term "the Local Union" is used in this Contract, it shall mean the Local Union of the Federation with jurisdiction over the territory in which the engagement covered by this Contract is to be performed. This Contract for the personal services of musicians on the engagement described below between the undersigned purchaser of music (herein called "Purchaser") and the undersigned musician or musicians is made this day of Number of Musicians March 17, 2004 1 Name and Address of Place of Engagement BE+ 'wit RESORT IJ(I f7i NGH PM ~raJ~lr` AVON CO Name of Band or Group C.J. CHENIER & THE RED HOT LOUISIANA BAND 2 Datn(s), Starting and Finishing Time of Engagement Sat July 3, 2004 ONE SEVENTY-FIVE TO NINETY MINUTE SET START TIME 8PM 3 Type of Engagement Capacity: 1400 Ticket Scale: N/A Max. Gross Potential: N/A I CJ_ C, K_ Ck 4 Compensation Agreed Upon $7,500.00 (SEVEN THOUSAND FIVE HUNDRED USD) FLAT GUARANTEE SOUND, LIGHTS, AND LODGING (3 DOUBLE ROOMS AND a SINGLE ROOMS FOR TWO NIGHTS EACH) TO BE PROVIDED BY PURCHASER. 5 Purchaser Will Make Payments As Follows CONTRACT AND DEPOSIT DUE TO CONCERTED EFFORTS UPON RECEIPT OF CONTRACT -1 DEPOSIT: $3750.00 USD, PAYABLE BY CERTIFIED CHECK TO CONCERTED EFFORTS I o C- Bf1LANCE: $3750.00 USD, PAYABLE IN CASH ONLY TO: ZYDECO EXPRESS C/O C.J. CHENIER BALANCE DUE PRIOR TO PERFORMANCE 6 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 the Federation relating to and permitting such recording, reproduction or transmission. This prohibition shall not be subject to the arbitration provisions set forth in 7 below and the Federation may enforce this prohibition m any court of competent jurisdiction. 7 Breach of Contract - Arbitration of Claims: a It is expressly understood by the Purchaser and the musician(s) who are parties to this contract that neither the Federation nor the Local Union are parties to this contract in any capacity except as expressly provided in 6 above and, therefore, that neither the Federation ncr the Local Union shall be liable for the performance or breach of any provision hereof. It This contract, and the terms and conditions contained herein, may be enforced by the Purchaser and by each musician who is a party to this contract or whose name appears on the contract or who has, in fact, performed the engagement contracted for (herein called "participating musician(s)"), and by the agent or agent(s) of each participating musician, including the Local Union. e All claims and disputes which may arise between the Purchaser and the participating musicianisl regarding the application or interpretation of any of the terms or conditions of this contract, including any disputes between the parties as to their respective obligations and responsibilities hereunder, shall be referred exclusively to binding arbitration. If a claim or dispute involves participating musician(s) who are all members of the Local Union, then such claim or dispute shall be referred to the Executive Board of the Local Union. All other claims or disputes arising under this contract between the Purchaser and participating musician(s) shall be referred to the International Executive Board (herein called "IEB") of the Federation for arbitration and determination =~Nerackr•New-York. The IEB shall decide any question of whether it or the Local Union Executive Board has jurisdiction over a particular claim or dispute. co T t )(J.A d This contract, and all arbitration proceedings conducted hereunder, shall be governed by ar~d.anl ed under the laws at the Stria-e6A{pw,yp(Y notwithstanding the forum or jurisdiction in which an action concerning this contract may be brought. All arbitration proceedings conducted hereunder shall be conducted according to the Rules of Practice and Procedure of the IEB which may from time to timu be in effect. All arbitration proceedings conducted by the Local Union shall be co ccording to Rules adopted by the Local Union. A copy of the IEB Rules of Practice and Procedure may be obtained from the Secretary- Treasurer of the Federation in N y of the Rules of the Local Union may be obtained from the Secretary of the Local Union. All rulings and awards made by the IEB in arbitration hereunder shall be final and binding upon the Purchaser and participating musician(s). a Except awards of the IEB made onappeal as provided in t below, a Purc 6r or parti cipating musician, or the agent of any Participoliog musician, may bring an action to confirm or to reduce to judgment an arbitration award of the IEB only in the courts of the d the Purchaser and participating musicianisl agree to submit to the jurisdiction of the appropriate courts of the State of Nevv_York4s*that purpose. Should a court of competent jurisdiction in New-Yeek nfum or enter judgment upon an award of the IEB, the Purchaser and participating musiciants) expressly agree that the prevailino party in the a rbitrationaward shall be additionally entitled to judgment for reasonable attorneys' fees in for. A judgment t'^ confirming an IEB arbitration award, for attorneys fees, and for costs may be enforced in the courts of any jurisdiction in which a party to this contract either resides or maintains an office or place of business. f All rulings and awards made by the Local Union in arbitration hereunder may be appealed to the IEB by any party who was a participant therein. Appeals from such proceedings shall be perfected in the manner provided in the Rules of Practice and Procedure of the IEB. All rulings and awards made by the Local Union in arbitration which are not appealed to the IEB shall be final and binding upon the Purchaser and participating musiciants). Any party to an arbitration proceeding before the local Union or to an arbitration appeal to the IEB may bring an action to confirm or enforce a final determination and award of the Local Union or, it appealed, of the IEB in the courts of the jurisdiction in which the office of the Local Union is located: and the Purchaser and participating musiciants) agree to submit to the jursidiction of such court or courts for that purpose. Should a court of competent jurisdiction of the jurisdiction in which the office of the Local Union is located confirm or enter judgment upon an award of the Local Union, or of the IEB made on appeal, th n par icrp avie. 11,11 t Is pi, a r i a ing the g Notices, materials, papers or process which may be required to notify a Purchaser or participating musiciants) of the pendency of a claim or dispute or to initiate a court action to confirm, enter judgment upon, or enforce an arbitration award rendered by the IEB or the Local Union Executive Board, shall be served on the Purchaser and/or participating musiciants) by certified mail, return receipt requested, without necessity of personal service or other form of notice. All other notices, materials, papers or process which may be required to conduct arbitration proceedings under this contract may be served by regular first class mail. . ARTIST RIDER ATTACHED HERETO IS MADE APART HEREOF in witness wnereor, the parties hereto nave hereunto set their names and seals on the day and year first above written. K t SAU~~yl'tp I C6 ZYDECO EXPRESS C/O C.J. CHENIER f .--Farx.~ v as s Full and re t Name' A tl vtu, Name of Signatory Musician X Home Local Union No. Signature a Purc ser 11or Agentkhereofl ET Signature of Signatory Musician FED. fD. #72-1326207 f- 3 "-,J, C,0 B I (02a 9`7D r `7`4Y, qd3 Z /KELLYMILUKAS 401 421 2997 X3101/ FAX 401 421 57671KMILUKAS@PPACRI.ORG ~a i-2(-) 1D X1/1 At L'IrJC,- ~ 7J ii?j)~2D r C.J. CHENIER & THE RED HOT LOUIS;fjNNA ND THIS RIDER SHALL BE CONSIDERED TO BE PART OF THE ATTACHED CONTRACT AND NEITHER CONTRACT NOR RIDER SHALL BE BINDING UNTIL SIGNED BY BOTH PARTIES HEREUNTO. 1. ARTIST will receive 100% exclusive headline billing, or festival billing where appropriate in any and all publicity releases and paid advertisements. 2. Any additions to the show must be approved by ARTIST'S management. fll_ ~J n 3. All payment provided hereunder small be made in U.S. currency. 4. PURCHASER guarantees that contracted amount represents actual amount to be paid to ARTIST. PURCHASER assumes all financial responsibility for liens, taxes, withholding, border broker, work visas, baggage overage charges and all they fees above contracted figure. 5. PURCHASER ,a9r-ee to ake fi en (15) complimentary tickets available to ARTIST or ARTIST'S management, "Elie unused portion of which may be placed on sale the day of the show with the permission of ARTIST- or ARTIST'S management. PURCHASER agrees to give out not more than 2% of the house in complimentary tickets without written consent from ARTIST or ARTIST'S management. 6. PURCHASER agrees to provide at no cost to ARTIST a. One clean, lockable dressing room with chairs for 7-9 people, mirror, 110 volt electrical outlet, heat or air conditioning. Ten clean cotton towels PURCHASER agrees to be solely responsible for the security of all items in the room area, and shall keep unauthorized personnel from entering said area. b. Deli tray including assorted fresh fruits, low fat cheeses, whole grain bread or crackers, (choose two: tuna fish, turkey, chicken, egg salad, lean roast beef), and fresh veget00DP1Jr&A'&TI"sr$ must provide a hot meal on day of show or a $20 buyout per member of touring party. c. Also liquids including soft drinks, coffee, Coke and juices. One case of bottled beer. These items and all utensils, plates, and glasses shall be made available at least two hours prior to performance. 7. Purchaser agrees to provide at his sole cost and expense a first class professional quality sound and lighting system appropriate to the venue size. PURCHASER MUST PROVIDED SOUND TECHNICIAN FOR SOUND CHECK AND DURING ENTIRE PERFORMANCE. PURCHASER must have sound system ready and functional with sound technicians on stage, at time of load-in and sound check or ARTIST is under no responsibility to perform said sound check. Sound requirements: 8. HOTEL: If PURCHASER agrees to provide lodging as indicated on the face of the contract, it must be in a 9mr-class hotel. All rooms must have TV, telephone and shower/bathroom. Please arrange for early check-in. If the purchaser does not provide accommodations, he must refer the band to a local affordable accommodation. HOTEL RECOMMENDATION: -°I t CC 9. A R TRAV PURCHASER is ro ing international/intern air avel, flights must be on a mayor c rier/reg larly heduled flight. NO CH TER FLIGH/deiiing ocal rep sentative of the promoter must me t the ncoming flight and tort the gro to the flight. A ground transportation will be pro 'ded and will c sist of minimum of a -seat y bus with ple room for luggage and instr e t cases. AR T r erves the right to app erary before tic in . V.I.E-hec -in 10. Any television, radio or press interviews and appearance must be cleared through ARTIST'S management. Pkxty Days 11. ARTIST reserves the right to cancel this contract if it conflicts with a bonafide offer or a~ r the trical or television motion picture appearance or soundtrack, a network or major cable tele .i ion appearance, or a foreign or major national tour. Notification shall be made not less than-Q6-s prior to engagement contracted herein, and all deposits shall be returned. ARTIST'S representative and PROMOTER shall negotiate in good faith for and early mutually agreeable replay date. DOCUMENTED "SNUE OUT OF POCKET 3, EXPENSES 1'0 BE PAID 12. Provided that ARTIST is ready, willing and able to perform pursuant to the terms hereof, payment of any guaranteed compensation hereunder shall be made to ARTIST notwithstanding that inclement weather may render a performance impossible or infeasible. 13. PURCHASER agrees tp-report ox office figures to Pollstar and Performance if ticket sales are 80% of capacity, or greater. DOCUMENTEDVFNI±K' OUT OF POCKET ,-EXPENSES ? i 8E PAID 12. FORCE MAJURE: If any member of Artist's party shall become ill or incapacitated or if Artist shall be unable for any reason outside of his control to attend the engagen1e11!Artist shall not be required to perform, in which instance, any moneys paid by Purchaser shall be returned and neither party to this agreement shall be under any further obligation to each other. In the event of a civil disorder, the likes of which could result in damage to life or property, Artist, in his udgnl nt Shall have the r ght tto)) terminate this agreement at any time without liability. ~(t~ 1 Page 1 of 2 Pollstar: Phone (559) 271-7900 / Fax (559) 271-7979 Performance: Phone (817) 338-9444 / Fax (817) 877-4273 PURCHASER is to direct any inquiries to ARTIST'S designated representative. Agreed to and Accepted by: PURCHASER DATE Management/Advancing: Anita Chenier Ph: 713-453-3496 On The Road Contact C.J. Chenier Cl: 832-754-1498 Record Company: z Alligator Records Ph: 773-973-7736 www.alligatorrecords.com Fax: 773-973-2088 PRIOR TO YOUR DATE WE STRONGLY RECOMMEND CALLING NORA KINNALLY AT ALLIGATOR RECORDS AND ASK HER TO SEND YOU PROMOTIONAL MATERIALS FOR IN-HOUSE PROMOTIONS AND RADIO GIVEAWAYS. Page 2 of 2