HomeMy WebLinkAboutInv# PC - 17416 - SELWYN BIRCHWOOD - 04/14/2024
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 February 29 2024. Contract must be received within seven (7) days, deposit
due as specified below. Contractor is an independent contractor providing these contracted services to Purchaser.
1 Force Majeure - Artist’s obligation to furnish the entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, means of transportation, Act of God,
riots, strikes, labor difficulties, epidemics and any act or order of any public authority or any cause, similar or dissimilar, beyond Artist’s control. Provided Artist is ready, willing and able to perform,
Purchaser agrees to compensate the Artist in accordance with the terms hereof.
2 The signature of Dana Michelle Kiser, wherever contained herein, is solely on behalf of the musician(s) and no personal liability shall be assumed whatsoever.
3 Purchaser is responsible for all costs and fees, regardless of means of conveyance, associated with the delivery of Payments for Deposit and Balance.
4 Artist's Rider and the Additional Terms and Conditions provided are considered integral to the terms of this Contract. Failure to sign or return the either document will not negate their provisions.
5 Where listed “Gross” shall be understood to refer to receipt totals prior to expenses, sales taxes, etc. and “Net” shall refer to receipt totals after applicable state and local sales taxes only.
6 Should this contract be canceled by the Purchaser for any reason other than a Force Majeure occurrence or a material breach by the Artist, the Purchaser shall pay a cancelation fee equal to half of the
compensation and reimburse the Artist for all out of pocket expenses. Notwithstanding anything contained herein, inclement weather shall not be deemed a force majeure occurrence.
ARTIST RIDER AND THE ADDITIONAL TERMS AND CONDITIONS ATTACHED HERTO ARE MADE A PART HEREOF
In witness whereof, the parties hereto have hereunto set their names and seals on the day and year first above written.
Purchaser’s Full and Correct Name Name of Signatory Musician
X ______________________________ X ______________________________
Signature of Purchaser (or Agent thereof) Date Signature of Signatory Musician (or Agent thereof) Date
Mail deposits to:
Intrepid Artists, Inc.
8508 Park Road #175
Charlotte, NC 28210-5803
Fax: 704-358-3171
Office: 704-358-4777
Contract #: 240782 April 13 2024 Selwyn Birchwood (240782)
Agent: WJ
Type: F
Selwyn Birchwood
Ana M Garcia, City of Dania Beach
Selwyn Birchwood
CONTRACT
Artist Name:
Show Date: April 13 2024
Show Day: Saturday
Event: Dania After Dark-Blues & BBQ
Venue Address:
Event Contact: Ashley Vlasic
Event Phone: 786-252-7205
Event Email: avlasic@daniabeachfl.gov
Event Website: daniabeachfl.gov/3160/Special-Events
Production: Tony Bello
Prod Contact: 954-654-1368
Sound: Purchaser provides sound & lights
City of Dania Beach City Hall,100 W Dania Beach Blvd
Dania Beach FL
33004
Performance:
Duration:
Time of Doors:
Show Time:
Start Time:
Curfew: None
Load in: Per advance Sound Check: Per advance
Outdoor: Yes Covered: Yes
Age Limit: None
Music Merch: Artist %: 100% House %: 0%
Soft Merch: Artist %: 100% House %: 0%
Ticket Scaling Compensation Terms
Capacity: N/A Type #Tix Price
Gen: N/A
Max Gross: $ 0.00
Guarantee: $3,000.00 (Three Thousand USD)
Deposit: $1,500.00 Due: March 15, 2024 to INTREPID ARTISTS, INC.
Balance Due: $1,500.00 by CASH ONLY TO SELWYN BIRCHWOOD
Terms: Flat guarantee
Lodging: Not provided
Address:
Phone: 786-252-7205
Email: avlasic@daniabeachfl.gov
City of Dania Beach City Hall
100 W Dania Beach Blvd
Dania Beach FL 33004
Additional Provisions:
DEPOSIT TO BE SUBMITTED B Y ZE LLE, CE RT IFIED or CORPOR ATE CHECK, MONE Y ORDER, ACH, or WIRE ONL Y
BALANCE DUE PRIOR TO PERFORMANCE. OVERAGES, IF ANY, PAYABLE IMMEDIATELY FOLLOWING PERFORMANCE
1 Set
60 minutes
N/A
N/A
6:45pm
ACH and Wire information:
Bank of America, 301 South King's Dr,
Charlotte, NC 28204-3055 (704) 331-2680
Account Name: Intrepid Artists, Inc. Holding Account
Address: 8508 Park Rd #175, Charlotte, NC 28210
Routing#: 053000196 Account #: 237034679283
Swift ID: BOFAUS3N
Due to the volume of transfers we receive please include a note on
the transfer indicating the Contract Number and Artist’s Name.
for Selwyn Birchwood 2024.Mar.14
Additional Terms and Conditions
1. If the payment to the ARTIST is based in whole o r in part on receipts of the
performance(s) hereunder, PURCHASER agrees to deliver to ARTIST a
certified statement of the gross receipts of each performance immediately
following such performance. If the payment of ARTIST's share of performance
receipts is based in whole or in part on expenses related to the engagement,
PURCHASER shall verify with paid receipts, cancelled checks or other
documentation of all expenses or they will not be included as expenses of the
engagement. ARTIST shall have the right to have representation present in the
box office at all times. Such representative shall have access to the box office
records of PURCHASER relating to gross receipts of this engagement only.
2. PURCHASER will furnish and pay for all its own expense(s) necessary for the
proper presentation of the performance on the date and time of the above-
mentioned performance. This includes without limitation (a) suitable theater,
hall or auditorium, well-heated, ventilated, lighted, clean, and in good order,
and public address system in perfect working condition including
microphone(s) in quantity and numbers required by ARTIST, dressing rooms,
all needed electricians and stage hands, all licenses (including musical
performing rights licenses), and sufficient advertising in the primary
newspapers; (b) all music royalties connected with ARTIST's use of music, and
additionally the cost of any musicians (including Contractor) other than those
furnished by ARTIST as part of the ARTIST's regular company; (c) all
amusement taxes; (d) if ARTIST requires, all needed facilities, electricians,
stage hands and other personnel for lighting and dress rehearsals; and (e) all
other items and personnel (including but not limited to any and all personnel,
including musicians, as required by any national or local union(s) required for
the proper presentation of the entertainment presentation hereunder and any
rehearsals therefore, except those items and personnel which ARTIST herein
specifically agrees to furnish. ARTIST has the right to rename the local music
contractor and to approve the local musicians hired.
3. In the event of sickness or of accident to ARTIST, or if a performance is
prevented, rendered impossible or infeasible by any act or regulation of any
public authority or bureau, civil tumult, strike, epidemic, interruption in or
delay of transportation services, war conditions or emergencies or any other
similar or dissimilar cause beyond the control of ARTIST, it is understood and
agreed there shall be no claim for damages by PURCHASER and ARTIST's
obligations as to such performances shall be waived. In the event of non-
performance for any of the above-stated reasons, if ARTIST is ready, willing
and able to perform, PURCHASER shall pay full compensation hereunder,
otherwise, the monies (if any) advanced to ARTIST hereunder, shall be
returned on a pro-rata basis.
4. Inclement weather rendering performances impossible, infeasible or unsafe
shall not be deemed a force majeure event and payment of the agreed upon
compensation shall be made notwithstanding. If PURCHASER and ARTIST
disagree as to whether rendition of the agreed upon compensation shall be
made notwithstanding. If PURCHASER and ARTIST disagree as to whether
rendition of performance(s) is impossible, not feasible or unsafe because of
inclement weather, ARTIST's determination as to performance shall prevail.
5. In the event PURCHASER refuses or neglects to provide any of the items or
to perform any of its obligations herein stated, and/or fails to make any of the
payments as provided herein, ARTIST shall have the right to refuse to perform
the contract, shall retain any amounts theretofore paid to ARTIST by
PURCHASER, and PURCHASER shall remain liable to ARTIST for the agreed
price herein set forth. In addition, if, on or before the date of any scheduled
performance, PURCHASER has failed, neglected, or has been impaired or is in
ARTIST's opinion unsatisfactory, ARTIST shall have the right to demand the
payment of the guaranteed compensation forthwith. If PURCHASER fails or
refuses to make such payment forthwith, ARTIST shall have the right to cancel
this engagement by notice to PURCHASER to that effect, and to retain any
amounts theretofore paid to ARTIST by PURCHASER and PURCHASER shall
remain liable to ARTIST for the agreed price herein and forth.
7. PURCHASER shall not itself, nor shall it permit others to record, broadcast
or televise, photograph or otherwise reproduce the visual and/or audio
performances hereunder, or any part thereof without prior written consent of
the ARTIST.
8. In the event of any inconsistency between the provisions of this contract and
the provisions of any riders, addenda, exhibits or any other attachments
hereto, the parties agree that the provisions most favorable to ARTIST and
ARTIST shall control.
9. Intrepid Artists International Inc acts herein only as agent for ARTIST and is
not responsible for any act of commission or omission on the part of ARTIST
or PURCHASER. In furtherance thereof and for the benefit of Intrepid Artists
International Inc, it is agreed that neither PURCHASER nor ARTIST will name
or join Intrepid Artists International Inc as a party in any civil action or suit
arising out of; in connection with, or related to any act(s) of commission or
omission of PURCHASER or ARTIST.
10. This contract (a) cannot be assigned or transferred without the written
consent of ARTIST, (b) contains the sole and complete understanding of the
parties hereto and (c) may not be amended, supplemented, varied or
discharged, except by an instrument in writing signed by both parties. The
validity, construction and effect of this contract shall be governed by the laws
of the State of North Carolina, regardless of the place of performance. THE
PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF
WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY
PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN
FULL. The terms "ARTIST" and "PURCHASER" as used herein shall include and
apply to the singular, the plural and to all genders.
11. Should any part of this Agreement be rendered or declared invalid by a
court of competent jurisdiction such invalidation of such part or portion of this
Agreement should not invalidate the remaining portions thereof, and they
shall remain in full force and effect. It is further agreed that if part of the
Agreement is determined invalid, either party may open negotiations solely
with respect to a substitute for such Article, Section, or portion, within two (2)
weeks after a ruling has been made.
12. Force Majeure
a. A "Force Majeure Event" is defined as one or more of the following causes
which renders performance impossible, impracticable, or unsafe: death, illness
or injury to ARTIST or member of ARTIST's immediate family, any of ARTIST's
musicians, or any of ARTIST's key personnel; theft, loss, destruction, or
breakdown of instruments or equipment owned or leased by ARTIST; fire;
threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in,
around, or near the Performance(s) venue; strike, lockout or other forms of
labor difficulties; any act, order, or relation of any court, government agency or
public authority; act of God; absence of power or other essential services;
failure of technical facilities; failure or delay of transportation not within
ARTIST's reasonable control; and/or any similar or dissimilar cause beyond
ARTIST's or PURCHASER's reasonable control.
b. If a Force Majeure Event occurs, the parties' respective obligations
hereunder will be excused fully, without any additional obligation, and each of
the parties shall bear its own costs incurred in connection with this
Agreement.
c. Notwithstanding the foregoing, if ARTIST is ready and willing to perform,
PURCHASER will pay ARTIST the full amount of the guarantee set forth in this
Agreement.
Under no circumstances will ARTIST be liable to Purchaser or any third party
in contract, tort, or otherwise, for any indirect, incidental, special,
consequential, punitive, exemplary, or similar damages that result from the
parties' performance or non performance hereunder, including but not limited
to loss of revenue or lost profits, even if ARTIST has been advised of the
possibility of such damages.
13. Breach of Contract – Arbitration Claims:
a. Any controversy or claim arising out of or relating to this contract, or the
breach thereof, shall be settled by arbitration administered by the American
Arbitration Association in accordance with its Commercial [or other]
Arbitration Rules [including the Optional Rules for Emergency Measures of
Protection], and judgment on the award rendered by the arbitrator(s) may be
entered in any court having jurisdiction thereof. The place of arbitration shall
be Charlotte, North Carolina, in the United States of America. The language of
the arbitration shall be English.
b. If a dispute arises from or relates to this contract or the breach thereof, and
if the dispute cannot be settled through direct discussions, the parties agree to
endeavor first to settle the dispute by mediation administered by the
American Arbitration Association under its Commercial Mediation Procedures
before resorting to arbitration. Any unresolved controversy or claim arising
from or relating to this contract or breach thereof shall be settled by
arbitration administered by the American Arbitration Association in
accordance with its Commercial Arbitration Rules, and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction
thereof. If all parties to the dispute agree, a mediator involved in the parties’
mediation may be asked to serve as the arbitrator.
Initials: ______
Selwyn Birchwood Band
Contract Rider
The following additional terms and conditions of this Contract Rider are approved and agreed to, and are
deemed incorporated in the Contract to which the Rider is attached. You need not sign this Rider. By signing
the attached contract you agree to the terms of this Rider.
This rider is not intended to cause hardship, but rather to give you and your audience the best show possible and to contribute to the overall success of your
engagement. In order to accomplish this, it is necessary to make any changes to these basic requirements, or if any section is impossible, not feasible, or in any need
of clarifications please contact Intrepid Artists International at 704-358-4777.
Buyer warrants that he/she has the right to enter into this contract and is of legal age. Each page of this rider must be initialed by Purchaser. Failure to provide such
initials will constitute acceptance of all conditions set forth on said page.
BILLING: When headlining, Artist is to receive 100% sole star billing
in any and all advertising, marquees, lights, displays, programs and
any other form of publicity and promotion. Buyer will be supplied
authorized photographs and other promotional material upon request
from management.
When performing as the support or opening act. Artist is to receive
100% “Special Guest Star” billing in any and all advertising,
marquees, lights, displays, programs and any other form of publicity
and promotion.
SECURITY: The purchaser shall guarantee adequate security at all
times to ensure the safety of the artist’s personnel, instruments,
costumes and personal property 30 minutes before load-in and until
completion of load-out.
INTERVIEWS: Purchaser agrees not to commit artist or any mem-
bers of the band to any personal appearances, interviews, or any
other type of promotion without prior consent of artist’s repre-
sentative.
CANCELLATION: Artist reserves the right to cancel this engagement
prior to play date for scheduling of Las Vegas engagement, major
motion picture, television productions, or major concert tour, foreign
or domestic. Cancellation will be given in writing, a minimum of 30
days to play date, at Purchaser’s address on contract face.
FORCE MAJEURE: Artist’s obligation to furnish the entertainment
unit referred to herein is subject to the detention or prevention by
sickness, inability to perform, accident, means of transportation, Act
of God, riots, strikes, labor difficulties, epidemics and any act or order
of any public authority or any cause, similar or dissimilar, beyond
Artist’s control. Provided Artist is ready, willing and able to perform,
Purchaser agrees to compensate the Artist in accordance with the
terms hereof.
INCLEMENT WEATHER: Notwithstanding anything contained herein,
inclement weather shall not be deemed a force majeu re occurrence.
Provided the Artist is present and ready to perform at the designated
time specified in this contract, the Purchaser shall remain liable for
the full contract price even if the performance(s) called for herein are
prevented by such weather conditions. Artist or Artist’s repre-
sentative shall have the sole right to determine in good faith whether
any such weather conditions shall render the performance(s)
impossible, hazardous or unsafe.
INDEMNIFICATION: Purchaser agrees to hold harmless Artist and
it’s employees, contractors or agents from any claims, costs, losses,
etc. in connection with any claim made by any third party, if such has
sustained as a direct or indirect consequence of th e engagement.
Likewise Purchaser agrees to hold harmless Artist and it’s
representatives from any loss, damage or destruction occurring at the
place of engagement, including but not limited to acts of God.
GUEST LIST AND COMPLIMINTARY TICKETS: Purchaser shall
provide no more than twenty (20) complimentary tickets. Ten (10) of
the complimentary tickets are to be designated for use by Artist as
guest tickets. Purchaser agrees to supply proper radio, TV, and
newspaper personnel with complimentary tickets from the remaining
above allotment.
SOUVENIERS: Artist reserves the right to sell souveniers, books,
photos, CD’s, record albums, tapes, t-shirts and an y other related
souveniers. Purchaser shall provide Artist with a designated area for
sales and with tables for display use at no cost to Artist. Artist will not
pay a percentage to anyone at any time for the righ t to sell souvenirs
at a venue where the Artist is performing.
SOUND: Purchaser to provide sound / lights and an engineer. All
sound and lights should be of high quality.
REPRODUCTION OF PERFORMANCE: No portion of the perfor-
mance rendered hereunder may be broadcast, recorded, filmed,
taped or embodied in any form, for any purpose with out the Artist’s
prior written consent. Purchaser will deny entrance to any persons
carrying audio or video recording devices without limiting in any way
the generality of the foregoing prohibition. It is understood to include
members of the audience, press and Purchaser’s staff. In the event
that Purchaser, his agents, servants, his employees, contractors, etc.
reproduce or cause to be reproduced the Artist’s performance in the
form of film, tapes or any other mean s of audio or video
reproductions, upon demand by Artist, Purchaser shall deliver all of
the same (together with any and all master, negatives and other
means of reproduction thereof) to Artist at Purchaser’s sole cost and
expense, in addition to all other legal or equitable remedies which
Artist may have.
PURCHASER: Agrees to indemnify Artist against all claims,
damages, losses and expenses including reasonable attorney’s fees
arising out of any breach by Purchaser of any warranty or agreement
made herein, which has resulted in judgment against Artist or has
been settled with Purchaser’s consent.
MEALS AND REFRESHMENTS: Purchaser agrees to provide, at
Purchaser’s sole expense, hot meals for the 5 band members
including two VEGETARIAN meals or a $15.00 “buy-
out” per person.
DRESSING ROOMS: Purchaser agrees to provide the following at
sole cost to Purchaser:
- LIQUID DEATH-MOUNTAIN WATER (12 count)
- Various non-alcoholic drinks- Ginger Beer, Sprite, soft drinks, bottled
water, coffee
- Assorted Deli tray
HOTEL ROOMS: When providing hotel rooms, band members need
clean, comfortable, safe rooms with showers, teleph ones and TVs.
The hotel must be within five minutes of the venue. Internet access or
a nearby free WiFi spot is required.
Purchaser Date