VENUE CONTRACT This Venue Contract (this “Agreement”) is between the individual(s) signing below (“Artist”) and Columbia College Chicago (“Producer”) on behalf of its Events Management: Practicum class. Producer and Artist hereby agree to the terms defined and all of the terms and conditions herein set forth: 1.
Artist Legal Name(s): John Kelsie III, Miles Eddy, Justin Rosado, Arik Coleman, Rebecca Young
2.
Artist Stage Name(s): Synergy
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Artist Contact Email and Phone No.: Rebecca.young@loop.colum.edu
217-971-4032 4.
Place of engagement: Pedway Atrium, The Shops @ 108 N. State, Chicago, IL
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Date(s) of engagement: Tuesday 10/14/14
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Time of engagement: 4:50PM
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Set length: 60 minutes
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Artist arrival time: Artist agrees to appear at Pedway Atrium, The Shops @ 108 N. State and perform for the duration of the time slot approved by Producer. Artist agrees to arrive at the venue no later than: 3:30
9.
Artist Compensation: Provided that Artist provides Producer with an accurate and complete Payee Information Form, in the form attached as Exhibit A to this Agreement, Producer agrees to pay Artist the amount indicated on Exhibit A to this Agreement, as compensation for Artist’s performance on the Date(s) of engagement. Such payment will be made by mailed, Columbia College Chicago check as specified in the Payee Information Form.
10.
Promotion: a. Artist agrees to promote the show via all of its social media outlets. b. Producer agrees to use reasonable efforts to include artist in all venue ads and posters on campus prior to event and display event flyer on any venue display.
11.
Merchandise Sales: Artist agrees to pay to Producer ______ percent of gross sales for all Artist merchandise sold at the event, payable in full on the date of the engagement before Artist leaves the venue. If Artist does not so pay Producer, Producer shall have the right to deduct an amount equal to a reasonable estimation of what is due from any amount payable to Artist pursuant to Section 8.
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Standard Terms and Conditions: Artist and Producer agree and acknowledge that the Standard Terms and Conditions attached to this Agreement are a part of this Agreement and incorporated herein.
Columbia College Chicago Signature:
Date:
Artist Legal Name and Signature:
Date:
Artist Legal Name and Signature:
Date:
Artist Legal Name and Signature:
Date:
Artist Legal Name and Signature:
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Artist Legal Name and Signature:
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THE ABOVE SIGNATURES CONFIRM THAT THE PARTIES HAVE READ AND APPROVE EACH AND ALL OF THE TERMS AND CONDITIONS SET FORTH.
EXHIBIT A PAYEE INFORMATION FORM for VENUE CONTRACT
Artist Stage Name(s): Synergy Place of engagement: Pedway Atrium, The Shops @ 108 N. State Date(s) of engagement: 10/14/14
Amount to be Paid: $100
Check to be Made Payable to (Payee): Rebecca Young
Payee’s Mailing Address: 1642 N Wood Basement Apt. Chicago, IL 60622
Payee’s Tax Identification Number (Social Security Number or Federal Employer Identification Number):
STANDARD TERMS AND CONDITIONS 1.
Rights Grants.
a. Filming. Artist hereby grants to Producer the right to take audio and/or visual recordings of all or any part of Artist’s performance (all, collectively, “Recordings”). All right, title and interest in and to the Recordings shall vest in Producer, and Producer shall have the right to use, publish, modify and register copyright to the Recordings in all forms and media of reproductions, whether embodying sound alone or sound together with visual images, whether now known or hereafter invented, throughout the universe and in perpetuity; provided, however, that Producer shall exercise such rights solely for the purpose of promoting Columbia College Chicago, the Arts, Entertainment & Media Management Department of Columbia College Chicago and/or the Events Management: Practicum class, and not for profit in any manner. All items created in the course of performance by Artist at the event that rise to the level of being protectable intellectual properties have been specially ordered or commissioned by Producer and, accordingly, each will be a “work made for hire” (as that term is defined in the Copyright Act of 1976) effective as of the moment each such item is fixed in a tangible medium, whether or not such item is complete; and, in the event that any such item is not a work made for hire and/or there are any rights that do not accrue to Producer as a work made for hire or otherwise, Artist hereby irrevocably grants, transfers, sells and assigns, and agrees to grant, transfer, sell and assign, to Producer all right, title and interest, including all copyrights (and all renewals and extensions thereof) in and to each such item. b. Name and Likeness. Artist hereby grants to Producer the right to use, publish, permit, license and authorize the use of the Artist’s name including any professional name, persona, likeness, image, signature and biographical data about Artist (all, collectively, the “Likeness”), solely in connection with the exercise by Producer of its rights and obligations under this Agreement. c. Synchronization of Underlying Compositions. Artist hereby grants to Producer a nonexclusive and royalty-free license to manufacture copies of, and synchronize with the audio and/or visual recordings authorized by Section 1.a of these Standard Terms and Conditions, sound recordings of the event (including all musical compositions underlying Artist’s performance at the event). 2.
Representations and Warranties. Artist hereby represents and warrants to Producer that:
a. Performers. No person other than the Artist signatories to this Agreement will appear on stage with Artist at any time during the engagement. b. Ownership of Intellectual Properties. Artist is the sole owner of all right, title and interest in and to both any musical compositions underlying its performance at the event and the Likeness, and neither infringes any right of any third party. c. Full Right, Power and Authority. Artist is over the age of 18, and possesses the full right, power and authority to enter into and perform this Agreement and to grant all rights herein granted to Producer, in each case
free and clear of any claim whatsoever by any third party.
d. Legal Advice. Artist has been advised and counseled, with respect to the negotiation and execution of this Agreement, by an independent attorney of Artist’s own choice. Alternatively, Artist acknowledges and agrees that it has chosen not to be advised by an attorney. 3.
Insurance. Producer maintains insurance on its personal and real property, but assumes no responsibility for any property of Artist brought in or about Producer’s premises, and Artist hereby releases Producer from all liability for any loss or damage to the property of Artist sustained by reason of Artist’s presence on such premises.
4.
Miscellaneous.
a. Entire Agreement. This Agreement contains the entire understanding of the parties relating to the subject matter hereof, and cannot be changed except by an instrument in writing signed by the parties. b. Relationship of the Parties. The parties are not partners or joint venturers. Neither party is authorized to enter into any obligations on behalf of the other. c. Assignment. Artist shall not assign or otherwise transfer any of its rights or obligations under this Agreement to another party without obtaining the prior written consent of Producer, and any actual or purported assignment or transfer in violation of this Section shall be null and void, and a breach of this Agreement. d. Governing Law. This Agreement shall be interpreted in accordance with the laws of the State of Illinois without regard to conflict of law principles. The parties hereby submit to the jurisdiction of the State of Illinois and agree to use a court located in Cook County, Illinois as venue for any disputes arising out of this Agreement. e. Indemnification. Artist shall indemnify, defend and hold harmless Producer, and its officers, directors, trustees, agents and employees from and against any and all claims, damages, judgments, liabilities, costs and expenses (including attorneys’ fees and expenses) arising out of, in connection with, or relating to: (i) any breach by Artist of its covenants, representations and/or warranties contained in this Agreement; and (ii) the negligence or willful misconduct of Artist, its employees and/or agents. f. Severability. If any term, clause or provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, then and in any such event it is the express intention of the parties that the remainder of this Agreement shall not be affected thereby, and each remaining term, clause or provision of this Agreement and shall be valid and enforceable to the fullest extent permitted by law. g. Section Headings. The section headings used in this Agreement are for informational purposes only and do not form part of this Agreement. h. Counterparts. This Agreement may be executed in multiple counterparts and shall be valid and
binding with the same force and effect as if all parties had executed the same Agreement.