06-01-2004 SPINACTION PRODUCTIONS ENGAGEMENT CONTRACTJun-10-04 01:13PM From-Dunn & Causey,LLC +9707488881 T-114 P.004/005 F-796
V v -
Jun 01 04 04:24p BeverlU Burri 303-232-0619 vV p.2
SpinAction Productions
Beverly A. Durri
855 Miller Street
Lakewood, CO 80215
303-202-5044
ENGAGEMENT CONTRACT
This Contract, made the Ig day of June, 2004, is to confirm in writing the agreement between SpinAction Productions representing the
Artist known as Smmy Mayfield, hereinafter referred to as "Artist", and Town of Avon. PO Box 975. AvoQ. CO 91620- hereinafter
referred to as "Purchaser", engages Artist and for consideration, the sufficiency of which is herein set forth, Artist hereby agrees to
perform the engagement, upon all the terms and conditions set forth herein. SpinAction Productions acts only as agent for Artist and
assumes no liability hereunder-
I . ADDRESS OF PERFORMANCE: Na1qi1pgbaTnPar1c. Avon, CO_ Venue Contact Namd/Phone: Eraidy Aber-970-748-4032.
2_ DATES AND TIMES OF ENGAGEMENT: Saturday, July 3, 20(K 7.00-:15pm.
3. DESCRIPTION OF PERFORMANCE TO BE PROVIDED: Music performance for Independence Day Celebration.
4- CONTRACT PRICE: $1500-OD and rooms for 1 I Mijle (5 doubles & 1 single or eanivalent)_
CONTRACT PRICE TO BE PAID AS FOLLOWS: A noumfumdable deposit in the amount of 750.00 is due by June 30, 2004.
Please make check payable to SpinAction Productions. The balance of 5750.00 is due at the engagement on July P, 2004- and
should be payable to Sammy Mayfield.
5. OVERTIME: Purchaser, at its option may request that Artist perform past the desig oatcd bouts listed herein. If Artist agrees to
perform longer than the hours listed, the overtime rate for Artist's performance is 5375.00 per half-hour or fraction thereof.
Overtime charges will be due and payable upon completion of engagement.
ACT OF GOD: If Artist is unable to perform portion of this Contract because of any Act of God, which includes without
limitation any event, such as a tornado, power failure, storm, strikes. or such that is outside of the control of We. t tisthat
prevents the Artist from performing under the Contract, the Artist shall be released from all liability with regard to their non-
performance of the affected portion of this contract. WEATHER: Where, in the opinion of the Artist and Purchasers, the
weather threatens the safety of the Artist or spectators, and only for that reason, the Artist will be available to perform on the d;atc
and time designated bereia at a nearby, alternate, suitable indoor location, if the change of location decision is made prior to load
in and set up. If weather prevents a performance and the Artist is present and able to perform, full payment will be due.
7. SPECIAL PROVISIONS: )E~rrchasey to provide sound reinforcement and lightingper Artist technical rider bo include back line
as derailed on rider (drum kite bass rig and guitar aunp)_ Load-in and sound check at 3:0Dym. Purchaser to provide hospitality
(food and drink) on location-for Arti,5t and an area/table for merchandise sales-
PROMOTIONAL MATERIAL: Artist hereby grants aennission to the Everlt to use Artist's likeness and recorded music as
provided by_ArtisL in appropriate pmmotionaUnaterial and advertisements for the event Artist to furnish vhoto. 12 posters and
CD for use by Purchaser.
8. SOLE CONTRACT: This Contract constitutes the sole, complete and final contract of the.parties. Therc are no representations,
promises or understandings between the parties other than those set ftivth herein-
9. MODIFICATION: This Contract shall not be modified in whole or in part, unless reduced to writing and signed by the parties.
10. SEVERABILITY: If a portion of this Contract shall be hold to be invalid, the remainder sha11 nevertheless continue in full force
and effect.
We acknowledge and confirm that we have read and approved the terms and conditions set forth in this Contract.
DcvoAy A. nw Dare Pure cr
r
Sammy Mayfield Date Town of Avon Date
Jun-10-04 01:13pm From-Dunn & Causay,LLC +9707468881 T-114 P.005/005 F-796
6- 9-04;10;08AM;AV0N RECREA-1'IVN C;IH - -
Jun 01 04 04:24p Beverly Burri 303-232-DGlS p_3
Addition Terms
THIS PAGE 1S ATTACHED TO AND PART OF THE CONTRACT DATED 6/1/04
BETWEEN PURCHASER: Town of Avon AND ARTIST: Sammy Mayfefd
I , BEST EFFORTS AND SUPERVISORY CONTROL. In performing Engagement, Artist shall use their best effort to conform to
the rules and policies of both the venue and the purchaser. Any additional rules or policies not herein explained must be brought
to the attention of-the artist 30 days before the engagement. At the same time the Artist reserves the right to control the nature of
their performance during the Engagement.
2. THEFT AND DAMAGE. Purchaser assumes responsibility for theft damages, and/or destruction of any of Artist's musical,
light, and sound equipment that is left in the care and custody of Purchaser, including, but not limited to, accidents caused by
patrons, guests, or employees of Purchaser.
3. INDEPENDENT CONTRACTOR. Artist signs this contract as an independent contractor, not as an employee. This Cotrtmct
shall not in any way be construed so as to create a partnership or joint venture between the parties.
4. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by the
courts of the State of Colorado and in accordance to the laws therein. If a judgment is reached and not collected within 30 days,
debtor shall pay all collection costs and =omey's fees associated with any collection.
5. AGENCY ELSE. Purchaser is not responsible for any Agency fee whatsoever. Artist shall pay SpinAction Productions an agency
fee of fifteen percent (15°/a) of gross compensation due under the trnns of this Contract. This fee shall be made payable to
SpinActlon Productions and paid within 5 days of the conclusion of the engagement. In the case of a multi-show tour payment is
due 5 days upon the return home from the last date of the tour unless the tour is over 45 days in which case commission payments
are due every rwo weeks during the completion of the tour. Any other arrangements must me made in writing between
SpinAction Productions and Artist In some cases deposits can also be collect by the purchaser sufcimt to satisfy agency fees
for this engagement. In the event Artist, or any technician, designer or supplier contracted by Sp-mAction Productions are re-
booked on any event or in any establishment owned or controlled by Purchaser within L8 months of termination of this
agreement, Artist and Purchaser are to be jointly and severally liable for payment of commission to agent at the same rate as
provided under this agreement.
Any questions regarding the additional terms for this contract please contact:
SpinActiou Productions
85S Miller Street, Lakewood, CO. 80215
Bev Burri O tee (303) OZ-5044~F (303~~ -0619
Town of Avon._, j 43-L
Purchaser ( I P 12a lO~~
email: baburri@comcast..net
Sig h re of A or Representative/Date
SpinAction Productions, Artist Representative
Authorized Representative/Date
X
Signature of Artist/Date
Jun-10-04 01:13pm From-Dunn & Causay,LLC +9707488881 T-114 P.002/005 F-796
Jun 01 04 04:29p Beverly Burri 303-232-OSIS p-Z
SpinAction Productions
Beverly A. Burri
95$ Miller Street
Lakewood, CO 50215
303-202-5044
ENGAGFIKENT CONTRACT
This Contract, made the ~6`~ day o Mav_. 2004, is to confirm in writing the agreement between SpinAction Productions representing
the Artist }grown as Aubrey Collins/AFC Productions, hereinafter referred to as "Artist", and Town of Avon, PO Box 975, Avon, CO
S 1620. hereinafter referred to as "Purchaser", engages Artist and for consideration, the sufficiency of which is herein set forth, ,Artist
hereby agrees to perform the engagement, upon all the terms and conditions set fi th herein. SpinAction Productions acts only as
agent for Artist and assumes no liability hereunder.
1. ADDRESS OF PERFORMANCE- Nottingham Park Avon. CO. Venue Contact Name/Phone: Emidy Aber, 970-748. 032
2_ DATES AND TIMES OF ENGAGEMENT: Saturday, July 3, 2004: 5:30-6:45pin_
3. DESCRIPTION OF PERFORMANCE TO BE PROVIDED: Music Performance for Independence Day Celebration
4. CONTRACT PRICE: oil 00.00
CONTRACT PRICE TO BE PAID AS FOLLOWS: The full amount of 7 QOD.A is dye at the engagement, Make check
payable to the order ofAFC Productions. In lieu of a 50% non-refundable deposit, iifPurchaser should default on the contract
for any reason at any time prior to the even, Purchaser is responsible for 50% of the agreed upon wage.
5. OVERTIME: Purchaser, at its option may request that Artist perform past the desig, hated hours listed herein. If Artist agrees to
perform longer than the hours listed, the overtime rate for Artist's performance is 5250.00 per half-hour or fraction thereof
Overtime charges will be due and payable upon completion of engagement.
6. ACT OF GOD: If Artist is unable to perform portion of this Contract because of any Act of God, which includes without
limitation any event, such as a tornado, power failure, storm, strikes, or such that is outside ofthe control of the Artist that
prevents the Artist froru performing under the Contract, the Artist shall be released from all liability with regard to their non-
performance of the affected portion of this contract. WEATHER: Where, in the opinion of the Artist and Purchasers, the
weather threatens the safety of the Artist or spectators, and only for that reason, the Artist will be availeblc to perform on the date
and time designated herein at a nearby, alternate, suitable indoor location, ifthe change of location decision is made prior to load
in and set up_ If weather prevents a performance and the Artist is present and able to perform, full payment will be due.
G~
7. SPECIAL PROVISIONS: Purchaser to provide sound ecruipment per Artist stage plod C-6-4provided astir to event) and
Eight ng. Load -in and sound check at 3:00pm. Artist to provide own back line eauipmenL ~urt;haser to provide hospital (food
and dru~lc) on IocaR~on for ist and an area/cable for merchandise sales
8_ PROMOTIONAL MATERIAL: Artist hereby grants nermissjnp w the Event to use Artist's likeness and recorded music as
provided by Artist in appropriate promotional material and advertisements for the event Artist to famish photo 12 posters and
CD for use by Purchaser.
SOLE CONTRACT: This Contract constitutes the sole, complete and final contract of the parties. There are no representations,
promises or understandings between the parties other than those set forth bmain,
9. MODIFICATION: Tbis Contract shall not be modified in whole or in part, unless reduced to writing and signed-by the panics-
10. SEVERABILITY_ If a portion of this Contras shall be held to be imralid, the remainder shall nevertheless continue in full force
and effect.
We acknowledge and confirm that we have read and approved the terms and conditions set fora in this Contract
L:~~ "_Am'~ - f -A'f/'e) V 1-1
Rnverly A_ Rtj(", rate l urchmcr
AFC Productions
Date
Town of Avon Date
Jun-10-04 01:13pm From-Dunn & Causay,LLC +9707488881 T-114 P.003/005 F-796
C- J-u<:;, u; voam i AV -N -,a -I I"' L,.. I I-_
Jun 01 04 04Sp Beverly Burri 303-232-0619 p.3
Addition Terms
THIS PAGE IS ATTACHED TO AND PART OF THE CONTRACT DATED 5/26104
BETWEEN PURCHASER-' Town ofAvon AND ARTIST: Aubrey Collins/AFCProduction3
BEST EFFORTS AND SUPERVISORY CONTROL.. In performing Engagement, Artist shall use their best effort to conform to
the rules and policies of both the venue and the purchaser_ Any additional rules or policies not herein explained must be brought
to the attention of the artist 30 days before the engagement At the same time the Artist reserves the right to control the nature of
their performance during the Engagement.
2. THEFT AND DAMAGE. Pumbasarassumes responsibility forthett, damages, and/or destruction of any of Artist's musical,
light, aad sound equipment that is left in the care and custody of Purchaser, including, but not limited to, accidents caused by
patrons, guests, or employees of Purchaser.
3. fNDEPEND ENT CONTRACTOR. Artist sieges this contract as an independent contractor, not as an employee. This Contract
shall not in any way be construed so as to create a parmersltip or joint venture between the parties.
4. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by the
courts of the State of Colorado and in accordance to the laws therein. If a Judgment is reached and not collected within 30 days,
debtor shall pay all collection costs and attomey's fees associated with any collection.
AGENCY FEE. Purchaser is not responsible for any Agency fer whatsoever. Artist shall pay SpinAetion Productions an agency
fee of fifteen percent (15%) of gross compensation due under the terms ofthig Contract. This fec shall be trade payable to
SpinAction Productions and paid within 5 days of the conclusion of the engagement in the case of a multi-show tour payment is
due 5 days upon the return home from the last date of the tour unless the tour is over 43 days in which case commission payments
are due every two weeks during the completion of the tour. Arty other arrangements must me made in writing between
SpinAction Productions and Artist In some cases deposits can also be collect by the purchaser sufficient to satisfy agency fees
for this engagement. In the event Artist, or any technician, designer or supplies contracted by SpinAction Productions are re-
booked on any event or in any establishment owned or controlled by Purchaser within 18 months of termination of this
agreement, Artist and Purcbaser are to be jointly and severally liable for payment of commission to agent at the same rate as
provided under this agreement.
Any questions regarding the additional temrs for this contract plcase contact:
SpinAction Productions
855 Miller Street, Lakewood, CO_ 80215
Bev Burn O ce (F3727044 ) a (303) 9
1 Town of Avo '
Purchaser ~0 '3 tai
email: baburri@comcast.net
x ZA
Signature of Ards or Representative/Date
SpinAction Productions, Artist Representative
x
Authorized Representative/Date
X
Signature of Artist/Date