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HomeMy WebLinkAboutInv# 998787 - Blue Raven Entertainment - 01/02/2025 (3)This Booking Agreement (the “Agreement”)is made on December 17,2024,by and between Blue Raven Artist Entertainment,41 Bridge St,Frenchtown,NJ,08825,United States (hereinafter “Artist Management”),and The City of Dania Beach,100 W Dania Beach Blvd,Dania Beach,FL,33004,United States (hereinafter “Purchaser”)(individually referred to as a “Party”or collectively referred to as the “Parties”).It is understood and mutually agreed that the Purchaser engages the Artist to provide the entertainment generally described as the “Performance”listed herein.The Artist hereby agrees to provide the Purchaser with the “Performance”subject to all of the Terms and Conditions herein set forth. 1.Deal Terms and Payment Schedule The Purchaser hereby agrees to pay Artist Flat Guarantee of $10,000.00 for the Performance(s).Payment for the Performance(s)are to be paid by Check,ACH Bank Transfer,Credit Card,or Wire Transfer.All funds must be certified funds,cash or money order.Additional fees may apply. #Deposit due when contract is issued $5,000.00 #Balance due on site $5,000.00 2.Events,Performances,and Appearances Artists We May Be Right Date Saturday,January 11,2025 Venue Dania After Dark 100 W Dania Beach Blvd,Dania Beach,FL,33004,United States Performance Concert (90 minutes) Travel Purchaser does not purchase travel. Accommodation Purchaser agrees to purchase or procure accommodations on top of the performance fee,as follows:5 Non-Smoking 3 Star Hotel Room(s)with 1 King bed(s)within 10 miles of the venue for 2 nights.*Will be at Hotel Dello our hotel sponsor that is onsite.Is a 3 star hotel. Ground Purchaser does not purchase local transportation. Meals Meal Buyout as per advance Schedule Doors Open 7:00 PM Performance 8:00 PM Production Purchaser provides stage,sound and lights Backline Purchaser provides backline as per artist rider Venue Capacity 2000 Ticket Price N/A Production Contact Ashley Vlasic •786-252-7205 •avlasic@daniabeachfl.gov Dania After Dark 3.Additional Terms ANY OPENING ACTS MUST BE APPROVED BY BLUE RAVEN ENTERTAINMENT. 4.Payment Information Deposit check payable to BLUE RAVEN ENTERTAINMENT -Final check payable to KARL DIETEL **FINAL PAYMENT IS DUE ON SITE,PRIOR TO ARTIST TAKING THE STAGE ** ALL MONEY SHOULD BE PAID IN US DOLLARS (USD).FOREIGN CURRENCY IS NOT ACCEPTED.Any and all deals discussed and/or finalized with Blue Raven Entertainment or associated bands are to be in US currency only (USD). *******IF YOUR EVENT IS OUTDOORS,THERE MUST BE A COVERED STAGE,AND IN THE EVENT OF BAD WEATHER* 5.Intellectual PropertyThe Parties acknowledge that the Artist shall perform its obligations under the terms of this Agreement as an independent contractor and not as an employee of Purchaser. 1 6.Merchandising Artist shall have the exclusive right to sell souvenir programs,photographs,records and any and all types of merchandise including,but not limited to,articles of clothing (i.e.,T-shirts-hats,etc.),posters,stickers or other merchandise on the premises of the Place of Performance during the Date of the Performance,without any participation in proceeds by Purchaser. 7.Advertising *******WE WILL SEND YOU THE AUTHORIZED PROMO MATERIALS.THESE ARE THE ONLY PROMOTIONAL MATERIALS THAT CAN BE USED TO ADVERTISE THE SHOW IN ANY WAY ******* *******NO SHOW IS TO BE ADVERTISED WITHOUT A SIGNED CONTRACT &DEPOSIT ******* Purchaser agrees to properly bill and advertise the artist according to the contract and contract rider.Purchaser shall be entitled to advertise and promote the appearance of Artist at the Performance solely for the purpose of increasing the attendance at Performance. Purchaser,however,may not use Artist’s name or likeness as an endorsement of any product or service nor in connection with any commercial tie-up without Artist’s prior written consent.Venue agrees that they shall not book another tribute band performing the same music as the above contracted band for 90 days before and 90 days after the date confirmed with above band 8.Ticketing Artist requires Ten (10)comps for each show.Purchaser must notify artist management of any additional comps that will be used prior to performance. 9.Sound Requirements Sound system must meet artist specifications and all aspects of equipment must be in working order to include but not limited to microphones,speakers,cables,mixing board,monitors etc. 10.Term and Termination a.Term.This agreement shall stay in effect through and including the final engagement date as noted above. b.Termination.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 this Agreement,shall retain any amounts paid to Artist by Purchaser,and Purchaser shall remain liable to Artist for the agreed Payment under this Agreement.In addition,if,on or before Date of Performance,Purchaser has failed, neglected,or refused to perform any contract with any other performer for any other engagement,or if the financial standing or credit of Purchaser fails or refuses to make such payment forthwith,Artist shall have the right to cancel this Agreement 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 Payment under this Agreement. 11.Force Majeure a.Sickness or Accident Provision -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 or delay of transportation services,war conditions,or emergencies or any other similar or dissimilar cause beyond the control of PURCHASER,it is understood and agreed that there shall be no claim for damages by PURCHASER and ARTIST'S obligations as to such performances shall be deemed waived.In the event of such non-performance for any of the reasons stated in this paragraph,if ARTIST is ready,willing and able to perform, PURCHASER shall pay the full compensation hereunder,otherwise,the monies (if any)advanced to ARTIST hereunder, shall be returned on a pro-rata basis. b.Weather Provision -Inclement weather rendering performance 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 performance(s)is impossible,not feasible or unsafe because of inclement weather,ARTIST'S determination as to performance shall prevail. c.Cancellation Clause -Unless stipulated to the contrary in writing,PURCHASER agrees that ARTIST may cancel the engagement hereunder without liability by giving the PURCHASER notice thereof at least thirty (30)days prior to the commencement date of the engagement hereunder.ARTIST shall also have the right to terminate this agreement without liability in the event PURCHASER fails to sign and return this Contract within 10 days. 12.Licensing/Taxes The Purchaser is 100%responsible for procuring any necessary performing rights licenses such as but not limited to ASCAP,BMI,SESAC, and GMR.PURCHASER agrees to pay all sales and AMUSEMENT as well as STATE and FEDERAL which may result from performance with no deductions whatsoever from ARTIST guarantee full payment amount shown above.Taxes exclude taxes based on compensation paid to ARTIST.EACH PARTY agrees to comply with all regulations and requirements of any nation state,government entity or local union(s) that may have jurisdiction over any of the materials,if any,to be furnished by the ARTIST or the PURCHASER pursuant to any other provision thereof.PURCHASER agrees to furnish at its sole expense such as musicians,including musical contractor as may be reasonably required by any national or local union(s)and for in connection with the engagement and rehearsals thereof ARTIST shall have the right to name the local music contractor and to APPROVE THE CHOICE of any other performers and reserve the right to regulate set length and time. 13.Governing Law This Agreement shall be governed by and subject to the laws of Florida,without giving effect to any choice or conflict of law provision. 14.Entire Agreement 2 This Agreement contains the entire agreement between the Parties and supersedes any and all previous agreements, written or oral, between the parties relating to Performance. THE PERSON(S) EXECUTING THIS AGREEMENT ON BEHALF OF EACH PARTY WARRANTS HIS/HER AUTHORITY TO DO SO, AND SUCH PERSON HEREBY PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT IN FULL. 15. Re-book Clause PURCHASER, BAND AND ARTIST MANAGEMENT AGREES that all dates for a period of Two (2) years from the contract date of engagement stated above for the Artist stated above will be booked through Sean D. Gilday, or an associate of BLUE RAVEN ENTERTAINMENT without exception. ACCEPTED AND AGREED TO: The City of Dania Beach [sig|req|signer1] The City of Dania Beach 100 W Dania Beach Blvd, Dania Beach, FL, 33004, United States [date|date|signer1] Blue Raven Artist Entertainment [sig|req|signer2] Karl Dietel We May Be Right We May Be Right [date|date|signer2] [sig|req|signer3] Sean Gilday We May Be Right Blue Raven Artist Entertainment 41 Bridge St, Frenchtown, NJ, 08825, United States [date|date|signer3] 3