1-PROGRAM – The Cindee Cindy Show, featuring Cindee Cindy. CINDYCEE LTD, hereby agrees to provide the professional performing services of Cindee Cindy and dancers.
2-LOCATION OF PROGRAM: Tammany Hall, Union Sq., NY
3- DATE OF PROGRAM: March 23, 2018
4- TIMES OF PROGRAM: 8:30 pm -11:00 pm (including encore)
a) each show to be two sets of approximately sixty (60) minutes in length each with 15 minute intermission. b) soundcheck to start at 2 pm. c) 1 rehearsal (if deemed necessary by Artist)
5- Purchaser will provide and pay for sideman musicians, consisting of keyboards, bass, drums and guitars, at Purchaser's expense. All sidemen must meet with Artist's prior approval.
6- Artist will make herself available, at purchaser's request and expense, for promotional sessions or radio spots or interviews for promotion of the shows.
7- The Purchaser agrees to furnish at its own expense all that is necessary for the proper presentation of the entertainment presentation or performances and, if required by Artist, at rehearsals therefore, including a suitable theatre, hall or auditorium, well-heated, lighted, clean and in good order, and all special requirements mentioned in this contract. (SEE TECHNICAL RIDER affixed to and made part of this Agreement) The Purchaser will guarantee to provide proper staffing such as stagehands, electricians, security, and other labor needed to present this performance. The Artist has no liability whatsoever for any cost incurred by the Purchaser.
8- TERMS: As consideration for providing Artist's services, Purchaser agrees to pay a minimum amount of one thousand five hundred ($1,500.00) dollars in the following manner. (a) Purchaser agrees to pay Artist a deposit, in the amount of seven hundred and fifty ($750.00) dollars payable upon signing below, and ( b) The balance of seven hundred and fifty ($750.00) dollars will be made in cash, certified funds, cashier's check, or money order, to Artist's Road Manager when Artist arrives for sound check on the day of the Program, and (c) ten percent of Purchaser’s net income (if any) after expenses.
9- (A) Purchaser will provide local transportation from Artist's hotel to the performance venue, rehearsals, and airports at Purchaser's prepaid cost. (B) Purchaser will provide Artist with hotel rooms for two days before the Program and one day subsequent to the Program at Purchaser's expense. (C) Purchaser will provide Artist a per diem allowance of thirty (30) dollars for meals.
10- Purchaser will have the right, and may grant to others the right to reproduce and print Artist's name, approved pictures, likeness or biographical material for advertising and promotion in connection with the program only.
11- The Artist will have sole and exclusive control over the production of the show. Unless otherwise noted and/or agreed to in writing, the Artist will receive first headline star billing.
12- The Purchaser will, under NO circumstances, have the right to record this show by audio or video, or broadcast same. Purchaser may engage a staff photographer and allow news photographers access to the front of the stage for photography. Purchaser may use any such photographs for promotion of Purchaser but only after first receiving Artist’s approval.
13- Purchaser will provide a listing of all expenses paid by Purchaser. The updated and final expense list must be presented at a settlement of finances between Artist’s road manager and Purchaser. In addition to the minimum amount payable pursuant to paragraph 8, Artist will receive ten percent of all income received after Purchaser’s expenses have been reimbursed from ticket sales.
14- If before the date of this performance it is found that the 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, the Artist may cancel this agreement and in such event the Purchaser will be liable to Artist for damages in addition to compensation herein.
15- Purchaser agrees to provide air transportation for Artist from Montreal, Quebec, Canada and back, at Purchaser's expense two days prior to the performance for rehearsals. Purchaser will provide ticketing within two (2) weeks after signing hereof.
16- This agreement may be cancelled by Purchaser if it is unable to fulfill the terms of this agreement due to an Act of G-d, labor unrest, or other legitimate conditions beyond the control of Promoter, OR it may be rescheduled. In the event of cancellation by Purchaser, Artist will be entitled to keep, as payment for such cancellation, the amount paid as a deposit.
17- In the event that the program is rescheduled, it will be granted upon the same terms and conditions but will be subject to Artist's bonafide schedule. The parties will use their "best efforts" to so adapt that the program be presented as scheduled.
18- In the event of cancellation of this agreement by the ARTIST, other than due to Act of G-d, Artist's liability to Purchaser will be to refund to the Purchaser any deposits received from the Purchaser. In addition, Artist will be held liable and will reimburse promoter for the costs of advertisements, publicity, airfares, hotel expense, and the reasonable attorneys fees for promoters collection of said costs.
19- The Artist will have the exclusive right to sell souvenirs or merchandise of any kind. Unless otherwise agreed to in writing, the Artist will receive one hundred (100%) percent of all receipts from the sale of Artist's souvenirs or merchandise.
20- Purchaser agrees to provide a First Class theatrical public address audio system, lighting system, power supply, and other rental equipment as Artist may require pursuant to Artist’s Technical Rider.
21. Artist warrants and represents that CindyCee Ltd., is Artist’s solely owned loan out corporation which has the authority and right to provide Artist’s services as required herein.
22- This agreement will be deemed made in and will be construed in accordance with the laws of the State of New York and cannot be changed except in writing and signed by both parties. Any action or suit pertaining to, or arising out of this agreement will be determined by a court or tribunal in New York City.
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Purchaser/Promoter: On Behalf of Artist
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4c_Gig_Agreement_for_assignment.docx
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