Agenda - Council - 08/12/2008 - Laserfiche WebLink

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~' ENGA.GEMENT CONTRACT 1. AGREEMENT made on AUGUST 16, 2007 between the entertainment act(s) KILLER HAYSEEDS !~, represented by hereinafter referred to as "ARTIST" and CITY OF RAMSEY HAPPY DAYS hereinafter referred to as "PURCHASER". It is mutually agreed between the parties as follows: The PURCHASER hereby engages the ARTIST and the ARTIST hereby agrees to furnish the ~,~ ~ ~ entertainment presentation hereinafter described, upon all the terms and conditions herein set forth. a. MUSIC WORKS CONTRACT NUMBER: 6844 2. PURCHASER: CITYOFRAMSEYHAPPYDAYS LOCATION Of ENGAGEMENT: MUNICIPAL CENTER -7550 SUN WOOD DRIVE NW, RAMSEY, MN 3. DATES OF ENGAGEMENT: SEPTEMBER 13, 2008 PRODUCTION PROVIDED BY: ARTIST 4. HOURS: (Starting and Ending): 7:00 PM -11:00 PM A rl E N T E RTA i N M E N T 5. FULL PRICE AGREED UPON: $3500.00. (THREE THOUSAND FIVE HUNDRED DOLLARS) MARKETING GO~~~PAN'( ADDITIONAL PROVISIONS: IN THE EVENT OF RAIN, PURCHASEA AGREES TO PROVIDE AN ALTERNATIVE SITS. PURCHASEA FURTHER AGREES THAT IF UNSAFE CONDITIONS EXIST IN THE FORM OF RAIN OR LIGHTNING, IT WILL BE THE SOLE JUDGMENT OF THE BAND LEADER AS TO CANCEL OR PERFORM. IF SUCH CONDITIONS EXIST AND NO ALTERNATIVE SITE IS AVAILABLE, PURCHASER AGREES TO PAY ARTIST IN FULL PER STATE OF MINNESOTA REGULATIONS, A LICENSED ELECTRICIAN MUST BE PRESENT TO CONNECT ARTISTS ELECTRICAL TAP. THIS EXPENSE, IF ANY, WILL 8E THE RESPONSIBILITY OF THE PURCHASER. 6. THE DEPOSIT: a. DEPOSIT: $600.00 deposit shall be paid by purchaser no later than SEPTEMBER 19, 2007 with contract.. 6. BALANCE:. $2900.00 shall be paid in cash orcertified checkby PURCHASER to ARTIST.priorto performance. 7. TYPE OF ENGAGEMENT: OUTDOOR EVENT 8. ARTIST agrees to pay a 15% booking fee to THE MUSIC WORKS within 5 days of completion of .performance. Commissions unpaid after 14 days Of performance are subject to a $25.00 late fee per week after the 14 days. 9. THIS contract is confirmation of a binding verbal agreement between ARTIST and PURCHASER. Physical delivery of this contract shall constitute acceptance by all parties regardless if this contract is signed by either PURCHASER or ARTIST and deposits received by Agent. 10. CANCELLATION: Agent, PURCHASER and ARTIST agree that this agreement is not subject to cancellation. Agent will use its best efforts to insure completion of this contract by ARTIST. If, however, Agent should be required to cancel the engagement due to various circumstances beyond Agent's control, including the refusal of ARTIST to perform, Agent shall give notice as soon as possible to PURCHASER and shall at Agent's option and in its sole discretion, eithera) make a substitution of equal caliber, b) replay the engagement. at ARTIST'S and PURCHASER'S convenience, or c) return the deposit to PURCHASER and cancel this agreement.. If this contract results in litigation between the parties hereto, PURCHASER agrees to pay all Agent's cost therein, including reasonable attorney's fees. 11. COMMENCEMENT of engagement together with physical delivery of this contract is deemed to be verification of an oral agreement and acceptance of all terms by bath PURCHASER and ARTIST. 12. RE-BOOKING~iMW INTEREST: In consideration of the service rendered by THE MUSIC WORKS in securing this booking,ARTIST and PURCHASER agree to bookall performances between the above ARTIST and PURCHASER through THE MUSIC WORKS for period of 365 days from the performance date set out in this contract. 13. ARTIST shall have the sole and exclusive control over the production, presentation and performance of the engagement hereunder. .ARTIST shall have the sale right to designate and change at any time the performing personnel. ARTIST'S obligations hereunderare subject to detention or prevention by sickness, inability to perform, accident, means of transportation; Acts of God, riots, strikes, labor difficulties, epidemics, and act or order of any public authority or any other cause; similar or dissimilar, beyond ARTIST'S control. 14. IF before the date of any scheduled performance it is found that PURCHASER has not performed fully its obligations under any other agreement with any party for another engagement or that the financial credit of the PURCHASER has been impaired, ARTIST may cancel this agreement. 15. IT is mutually agreed by the PURCHASER and the ARTIST, that the Agency is acting solely as an independent contractorand is in no way responsible should either party default this agreement. Nor will Agency be held responsible for the conduct or performance hereunder of either PURCHASER or ARTIST. 16. IF any of the provisions hereof are determined to be void by a court of competent jurisdiction, the remaining provisions hereof shall remain in full force. 17. THIS agreement shall be subject to the laws of the State of engagement and all parties hereto accept the jurisdiction of the said State in all matters pertaining to this agreement. 18. THIS contract does not exclusively determine the person liable to report and pay employment taxes and similar employerlevies under rulings of the U.S. IRS and of some state agencies. 19. No pyrotechnics (fireworks) of any kind are allowed during this engagement. Use of same is a breach/o~f this agreement as well as an may violate certain local orstate ordinances.TT~ ^„~~ ~in~o rIG eniv~ Is PART of THE~ON~RA~`T / `1 ~,7 / Signature of ARTIST: ROSS FLORAND Sig ature o P CHA :TIM GLADHILL ARTIST Legal Name: THE KILLER HAYSEEDS PURCHASER: CITY OF RAMSEY HAPPY DAYS ARTISTS L0. # 41-1673429 7550 SUN WOOD DRIVE NW Booking Agent: THE MUSIC WORKS, INC. RAMSEY, MN 55303 P.O. BOX 447 763-576-4308 CENTER CITY, MN 55012 C-763-238-7946 C~~ t~ ~-