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2020/04/04 Parmalee TN, LLC Spring Fest HeadlinerContract #: 1053368 U TA Agent: Lance Roberts Phone: (615) 564-2580 wit&-L[p�s�U! ielllaleA3.CQ[3t Agreement made Friday, December 20, 2019 by and between Parmalee TN, LLC F/S/0 Parmalee ('Artist) and SM Futv#AtW#AeW ('Purchaser'). e.\-�\A of- iMeY, �f-e. br- It is mutually agrecd that the Purchaser engages the Artist to perform the following engagement(s) upui i the leans di id Cundilions hereinafter set forth. Attached Exhibit A - Additional Terms and Conditions and Artist's Rider are made part of this Agreement by this reference. 1. Artist: Loanout/Producer: 2. Billing: 3. Engagement Venue: Parmalee Parmalee TN, LLC Festival - Headline Menifee Music & Arts Festival 28237 La Piedra Rd. Menifee, California 92584 United States 4. Date of Engagement: Saturday, April 4, 2020 5. Schedule: 6. Deal: 7. Travel and Accommodations: B. Merchandise: 9. Payments: Deposit Remittance: 8:00pm - Stage Set Length: 75 - 90 minutes $20,000.00 USD Flat Guarantee. Tax ID: 46-4893998 Age Restrictions: All Ages No. Shows: One (1) PLUS Purchaser agrees to provide and pay for hospitality to meet with Artist's Rider requirements. Purchaser agrees to provide and pay for backline, sound, lights, monitors, and production to meet with Artist's specifications and approval. Artist to provide band. Purchaser requests 15 minutes VIP meet and greet at a mutually agreeable time after the show. Purchaser agrees to provide $1,000 hotel buyout and $500 ground transportation buyout. 85/15% Soft Goods (Artist sells); 100% Hard Goods (Artist sells). All payments shall be paid by PURCHASER in US Dollar (unless otherwise mentioned) 2UL7[e Amouni -Comments 2/4/2020 $10,000.00 50% due with signed contract 4/4/2020 $10,000.00 50% due day of show PAYMENT MAILING, INFO: Attention: Lance Roberts United Talent Agency 209 Tenth Avenue South Suite 560 Nashville, TN 37203 Check Made Out To: Parmalee TN, LLC BANK WIRE INFO: United Talent Agency, LLC C/O City National Bank Credited To: Parmalee TN, LLC 400 N. Roxbury Dr Beverly Hills, CA 90210 ABA Routing: 122-016-066 Account: 123-947-126 Swift: CINAUS6L Balance Remittance: The balance of the guarantee shall be paid to Artist or Artist's representative immediately upon demand day of performance via cash, certified/cashier's check or money order. Make checks payable to Parmalee TN, LLC 10. Radius Clause: 100 miles from venue, 90 days before and 90 days after performance. 11. Buyer Signed Contract: Buyer signed contract and rider due to United Talent Agency no later than Monday, January 6, 2020 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 - (615) 564-2580 - www.unitedtalent.com &/ Initial Page 1 of 5 12. Evw t C nbKtt * cy �-j o f - Vh @^ ie$ -Z95Hy "Alpo ► Ld► . W1e.n► (e c- cA q jje6 13. Tickets: CK: Promoter Company t �lFenkartr-f34aYt• Ruitc�4Y11 �lud►a6►yr,+t�3fr9T604 —{JB59 vpF Cap: 5,000 Contact at: Purchaser Fri 60-4 15F Dave Ferrara Email: dave@3hmentertainment.com 1053368 It is expressly understood by the Purchaser and Artist who are party to this contract that United Talent Agency, LLC, its employees, shareholders and affiliate entities are not party(ies) to this contract In any capacity. United Talent Agency, LLC, Its shareholders, employees, officers and affiliate entities shall not be liable for any party's performance or breach of any terms or provisions contained herein. By: x SIGNATURE OF PURCHASER Armando G. Vida 1 i-k.;Zl.}—V<Ksi W & 4�4v*t':3rxRr�1�! Y CA A,%� Of MQ.V11 t"e-'e— ZgIS 41-k N aL, Mouti cee- , e-4- 9 8 L Approve as to Form: )effrey T. Me(ching City Attorney By: Y( _ SIGNATURE OF ARTIST Parmalee Parmalee TN, LLC 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 • (615) 564-2680 • www.unttedtalent.com Initial Page 2 of 5 12. Event Contacts: Ci TA of- Xl )Qvm �ep2 21904H 1'rAV%a `Rd. rner,\'( - , CA g2�'06 13. Tickets: coc Promoter Company 04 Cap: 5,000 Contract #: Purchaser CA)-4 OF - Dave Ferrara Email: dave@3hmentertainment.com 1053368 It is expressly understood by the Purchaser and Artist who are party to this contract that United Talent Agency, LLC, its employees, shareholders and affiliate entities are not party(ies) to this contract in any capacity. United Talent Agency, LLC, its shareholders, employees, officers and affiliate entities shall not be liable for any party's performance or breach of any terms or provisions contained herein. By: X ` SIGNATURE OF PURCHAS R Armando G. Villa 3EIA�-E#erteinrnent as to Jeffrey T. City Attorr By: X SIGNATURE OF ARTIST Parmalee Parmalee TN, LLC 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 • (615) 564-2580 • www.unitedtalent.com -� Initial Page 2 of 5 Exhibit A Additional Terms and Conditions Artist: Parmalee 1. Reproduction of Performance: Contract #: 1053368 Purchaser shall not authorize any third party to record, broadcast, televise, photograph or otherwise reproduce the audio, visual and/or audio-visual performance, in whole or in part, rendered by Artist hereunder. If Purchaser televises the performance hereunder on a jumbotron or similar screen during Artist's performance, then any and all tapes or other recordings - physical, digital or other - created for purposes of such real-time broadcast, shall be surrendered by Purchaser to Artist at the completion of Artist's performance. 2. Merchandise: Artist shall have the exclusive right to sell souvenir programs, photographs, records and any and all types of Artist merchandise including, but not limited to, articles of clothing (i.e., t-shirts, hats, etc.), posters, stickers, and any other merchandise Artist wishes to sell within Artist's discretion, on the premises of the place of performance without any participation in the proceeds by Purchaser, subject to concessionaire's requirements, if any. 3. Right to Likeness: Artist's name, likeness, image, and/or biographical data shall not be used by Purchaser or any other party under the control of Purchaser, to endorse, promote or otherwise advertise Purchaser, any commercial tie-in, any sponsor, or any other product or service connected with Purchaser, unless otherwise agreed between Artist and Purchaser, in writing, prior to Artist's arrival at the performance venue. 4. Termination In the event Purchaser refuses or neglects to provide any of the material items or to perform any of its material obligations per the Agreement and this Exhibit A, and/or falls to timely make any of the payments as provided herein, then Artist shall have the right, in addition to any other remedies which may be available to Artist at law and in equity, to refuse to perform in accordance with the terms of the Agreement, to retain any amounts theretofore paid to Artist (or Artist's designee) by Purchaser (or Purchaser's designee), and, Purchaser shall remain liable to Artist for the immediate payment of the full amount of the Artist Guarantee set forth in the Agreement. In addition, if on or before the date of any scheduled 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 worsens after Purchaser and Artist's representative agree to the performance which is the subject hereof, then Artist shall have the right to cancel this engagement without penalty by notice to Purchaser to that effect, and Artist shall have the right to retain any and all deposit monies paid to Artist by Purchaser, and Purchaser shall remain liable to Artist for the immediate payment of the full amount of the Artist Guarantee herein set forth. 5. Sickness / Accident / Force Majeure In the event of Artist illness or serious injury, or if a performance is prevented, rendered impossible or infeasible by an Act of God, any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption or delay of transportation services, war conditions, emergencies, or any other similar or dissimilar cause beyond the control of either Artist or Purchaser (each a "Force Majeure Occurrence" It is understood and agreed by the parties that there shall be no claim for damages by either party against the other and each party's obligations hereunder shall be deemed waived and any deposit monies paid to Artist by Purchaser shall be refunded to Purchaser. Notwithstanding lice foregoing, if Artist's performance is prevented by a Force Majeure Occurrence, but Artist Is present, ready, willing and able to render Its services in accordance with the terms hereof, then Purchaser shall pay Artist the full amount of the Artist Guarantee. The partles acknowledge and agree that the occurrence of the H1 N1 virus (i.e., swine flu) in an area in close proximity to the performance venue shall not in and of itself be deemed a Force Majeure Occurrence, unless the US Department of Health and Human Services officially declares the virus to be an epidemic affecting the particular state in which the performance is scheduled to take place. 6. Controlling Authority: Artist shall have the sole and exclusive control over the production, presentation and performance of the engagement hereunder including, but not limited to the details, means and methods of the performance of the performing artists hereunder, and Artist shall have the sole right to make changes to the performing personnel. 7. Weather. Inclement weather rendering performance impossible, Infeasible or unsafe shall not be deemed a Force Majeure Occurrence and payment of the full amount of the Artist Guarantee shall be made by Purchaser to Artist notwithstanding. If Artist is present, ready, willing and able to render its services as contracted hereunder, irrespective of weather, the full amount of the Artist Guarantee shall be paid by Purchaser to Artist. 8. Cancellation: Unless stipulated by the parties to the contrary, inwriting, Purchaser agrees that Artist may cancel the engagement hereunder without liability by giving Purchaser written notice thereof as least thirty (30) days prior to the date of performance. Artist shall have the right to terminate this Agreement without liability to Purchaser if Purchaser fails to sign and return the Agreement within ten (10) days of Purchaser's receipt thereof. 9. Independent Contractor: It is agreed that Artist and Purchasereach signs this Agreement as an independent contractor and not as employee of the other. This contact shall not in any way be construed so as to create a partnership, employer/employee relationship or joint venture between the parties, nor shall Artist for any reason by its signature hereof be held liable In whole or in part for any obligation of Purchaser or which may be incurred by Purchaser in its carrying out any of the provisions hereof or otherwise. 10. Authority for Inconsistencies: In the event of any inconsistency(ies) between the provision of the Agreement (including Exhibit A) and the provision(s) of any rider, addendum, exhibit or any 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 • (615) 564-2580 • www.unitedtalent.com Page 3 of 5 Contract #: 1053368 other attachments hereto, the parties agree that the provisions of this Agreement shall control 11. Indemnification' Purchaser hereby indemnifies and hold Artist, as well as Artist's agents, representatives, principals, employees, contractors, officers and directors Indemnitees' harmless from and against any loss, damage, or expense, including reasonable attorneys fees incurred or suffered by or threatened against Artist or any of the Indemnitees In connection with or as a result of: (a) any act or failure to act by Purchaser, its employees, agents, representatives, contractors, officers and/or directors'Purchaser Parties' (b) Purchaser's and/or Purchaser Parties' breach of any of the warranties and representations made by Purchaser hereunder or in any addendum or rlder(s) attached hereto; (c) Purchaser's andlor Purchaser Parties' breach of anyof the terms hereof and/or of any addendum and/or rider(s) attached hereto; d any claim for personal injury or property damage or other brought by or on behalf of any third party as a result of or in connection with the engagement, which claim does not result from the active and willful negligence of Artist. 12. Dispute Resolution. This Agreement and all questions arising hereunder shall be governed by, and construed in accordance with, the laws and decisions of Tennessee without giving effect to the prineiples thereof relating to confficts of I;ivr. Each of the pal Iles hereto (a) hrevocobly agues that tlrc Federal Courts located In the State of Tennessee or the State Courts of Tennessee, as applicable, shall have sole and excfusivejurisdicuorl over any sort oretiter proceeding arising out of or based upon this Agreement, (b) submits to the venue and jurisdiction of such courts and (c) irrevocably consents to personal jurisdiction by such courts. 13. Conflict of Laws Nothing in this Agreement shall require the commission of any act contrary to law or to any rules or regulations of any union, guild or similar body having jurisdiction over the services and personnel to be furnished by the Purchaser to Artist hereunder. If there is a conflict between any provision of this Agreement and any law, rule or regulalion, such law, rule or regulation shall prevail and this Agreement shall be curtailed, modified and/or limited only to the extent necessary to eliminate such conflict, Artist agrees to comply with all regulations and requirements of any union(s) that may hove Ju rfsdictlon over any of the said materials, facilities, and personnel to be furnished by Purchaser, of which Artist is advised by Purchaser, in writing, prior to arrival at the performance venue. 14, United Talent Agency, LLC as Agent: It Is agreed that United Talent Agency, LLC 'Agent' is not a party to the contract and acts herein only as Vie agent for Artist. As such, Agent is not responsible for any act of commission or omission on the part of either Purchaser or Artist. In furtherance thereof and for the benefit of Agent, it is agreed that neither Artist or Purchaser will name or join Agent 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 hereunder. If at any time there shall be a controversy between Purchaser and Artist with respect to the monies for the performance(s) covered hereunder which are held by Agent in its trust account 'Trust Funds' Agent may upon notice to Purchaser and Artist either: (1) hold the Trust Funds until otherwise directed by a wrltten Instrument signed by Purchaser and Artist or by an order, decree or judgment by a court of competent jurisdiction which, by lapse or otherwise, shall no longer be or shall not be subject to appeal or review, or, (li) deposit the Trust Funds in any court of competent jurisdiction pending the final determination of any dispute among the parties hereto. Upon delivery of the Trust Funds in accordance herewith, the obligations of the Agent shall cease with respect thereto and it shall not be required to perform any further acts whatsoever pursuant to this Agreement 15. Assignment / Transfer: This Agreement: (a) shall not be assigned or transferred without the written consent of both parties; (b) contains the sole and complete understanding of the parties hereto with respect to the subject matter hereof, and, (c) may not be amended, supplemented, varied or discharged, except by a written instrument, signed by both parties. The person executing this Agreement on Purchaser's behalf warrants his/her authority to do so. The terms, 'Purchaser' and 'Artist' as used herein shall include and apply to the singular, the plural and all genders. 16. Counterparts: This Agreement may be executed In any number of counterparts, all of which taken together shall constitute one single agreement between the parties. The parties agree that transmission to the other party of this Agreement with its facsimile signatures shall suffice to bind the party Iransmitting the same to this Agreement In the same mannor as if an original signature had been delivered, Without limitation of Ilse foregoing, each party who transmits this Agreement with its facsimile signature covenants to deliver the original thereof to the other party as soon as practicable thereafter. 17, Waiver No delay or omission by either party to exercise any right or power it has underthis Agreement shall impair or be construed as a waiver of such right or power A waiver by either parry of any breach or covenant shall not be construed to be a waiver of any succeeding breach or any other covenant. All waivers must be In writing and signed by the party waiving its rights. 18. Confidentiality The terms of this Agreement, as well as correspondence and documentation related to this Agreement, are confidential to the parties and may not be disclosed to any third parties without the prior written consent of the parties hereto, except as disclosure may be required to professional advisors or by law or court order, or for carrying out the purposes of this Agreement. Further, the parties shall treat as confidential all information, data and documents acquired by each other relating to the business affalrs of the other, except as such information may already be in the public domain. Notwithstanding anything to the contrary contained herein, if Artist is subject to a recording contract which mandates disclosure of show- and touring -related information and documentatlon to the record label as part of that contract, then any disclosures made by Artist (or Artist's agent or representative) In compliance therewith (including, without limitation, this Agreement and documentation ancillary hereto), shall be permitted and shall not be deemed a breach of the confidentiality provislon(s) hereof by Artist (or Artist's agent or representative). 19. Security and Insurance (a) Purchaser agrees to provide security personnel and take all security measures to ensure the safety of Artist at all times during the engagement hereunder. Purchaser's failure to provide such security and/or to ensure Artist's safety shall be a material breach of this Agreement and governed by the terms of 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 • (615) 564-2580 • www.unitedtalent.com Page 4 of 5 Contract #: 1053368 Paragraph 4 herein (b) On the date of the contracted performance and through completion of ArtlsVs load out, Purchaser shall have valid, current and appropriate commerciat general Ilability Insurance with limits of no less than S1,000,000 (US) per occurrence to cover Its liability as noted above, and worker's compensation insurance for Purchaser's employees in accordance with legal requirements. As soon as reasonably possible after execution hereof, Purchaser shall provide Artist wIM a certificate evidencing the above insurance. 20. Licenses: Purchaser shall be responsible for acquiring all licenses, permits and authorizations required to be obtained from all union (s), guild(s), performing rights societies, and public atithorities having jurisdiction over the presentation of the performance, and all such licenses, permits and authorizations shall be valid and current at; of the performance date and during the Temr of Ibis Agreement. 21. Limitation of Liabillty: Notwithstanding anything to the contrary contained herein: (l) in no event shall either party be liable for any Incidental, special or consequential damages (including, without limitation, any lost profits or loss of business, whether foreseeable or not), occasioned by any cause whatsoever, and (if) in no event shall Artist's liability to Purchaser hereunder exceed the amount of She deposits and/or fees paid to Artist hereunder. 209 Tenth Avenue South, Suite 560, Nashville, TN 37203 • (615) 564-2580 • www.unitedtalent.com Page 5 of 5 P4L,A <d � �, -LEE 2019 CONTRACT RIDER This rider is attached to, and a material clause to, the contract dated ikt� between Parmalee (herein, ARTIST) and IT ,b ie-4-- (herein, PURCHASER) for the performance onr�T!� in 20ZO %h Vhev��ee CA. - In the event of conflict betweeei the Printed- coiatr:jct_an�d this rider, this rider will control. Deep South Entertainment 615-953-4800 Dave Rose Dave@DeepSouthEntertainment.com 160417w Ave. South Nashville TN 37212 ■•� 14 United Talent Agency 615-564-2580 Lance Roberts Lance.Roberts@unitedtalent.com 209 10th Avenue South, Suite 511 Nashville, TN 37203 1111 izM--• Stoney Creek Records 615-244-8600 Chelsey Block Chelsey@bbrmusicgroup.com 65 Music Square W Nashville TN 37203 PUBLICITY: Evolution PR Nashville 256-601-7193 Tiffany Bearden Tiffany@evolutionprnashville.com TOUR MANAGER: Chase Butler 251-459-1190 .j.aQp_@[?oPSouthEn1aaFnment.cam _PR QQUCTION MANAGER_ : Tyler Avery 315.414-1611 tjaveryl6@gmail.com Initial +" Marketing Tools: www.(Isemu-sicgrg-uR.g4iTIparmalo,o PURCHASER warrants that he / she has the right »io enter ,into this_coptrilct,and Is of IggaI age. PURCHASER needs to initial each page of this rider. CONTRACTB2019 1) BILLING Unless appearing as part of another show, ARTIST will receive 100% headline billing in all advertising or promotion of the show. 2) ADVERTISING Only photos supplied by ARTIST management or publicist shall be used in all advertising and promotion of the show. There shall be no signs, banners or any advertising material on or within fifty (50') feet of the stage, nor shall the name Parmalee be used or associated directly or indirectly with any product or service without ARTIST'S written consent. ARTIST'S logo should always be reproduced EXACTLY as specified. 3) APPROVAL OF OTHER ACTS ARTIST shall have the right to approve any other acts on the program. ARTIST shall have the right to approve the length of performance of other acts on the show. ARTIST shall close the show unless otherwise agreed upon in the contract. Other acts must provide their own instruments and backline. It is agreed that all of supporting act's equipment shall be completely removed from the stage area in preparation for ARTIST's performance. ARTIST reserves the right to leave its equipment in place following the sound check for the duration of the supporting act's performance. 4) SHOW SPONSORSHIP/PRESENTATION ARTIST management must authorize all forms of sponsorship. This includes co-sponsorship and welcoming, presenting and hosting radio stations. 5) SHOW RECORDING POLICY NO recording, filming, broadcasting, telecasting, photographic reproduction or transmission of either audio or video of ARTIST'S show without prior written consent. ARTIST has the right to possess all tapes, films or recording made of ARTIST'S show. All photographers onstage or in the backstage area are to be approved by ARTIST'S Tour Manager. 6) INTERVIEWS Coordinate all newspaper, magazine and radio interviews through Tiffany Bearden (contact info on face of this rider). 7) TICKET PRICES Should the cost of the ticket vary from the amount stated on the face of the contract, PURCHASER shall remit 100% of any excess per ticket to ARTIST. This clause shall also apply to free shows. ANY charge for admission must be stated accurately on contract face. 8) COMPLEMENTARY TICKETS ARTIST shall be permitted twenty-five (25) of the top priced tickets available to them at no cost to use in their sole discretion. PURCHASER will provide Tour Manager with these tickets upon request on day of show. 9) SETTLEMENT, TICKETS, TICKET COUNTS, ETC. Should any part of ARTIST'S compensation be based on box office or ticket sales, all methods of ticketing, accounting, manifest and settlement will be at the sole direction of ARTIST and ARTIST representatives. ARTIST and representatives will have unlimited access 2 Initial_ to box office, ticket outlets and information in any case before, during and following performance. PURCHASER agrees to make necessary arrangements to accommodate this requirement. ARTIST is to be paid their guarantee before their performance. 10) TAXES & LICENSES PURCHASER is responsible for paying ALL state 1 local sales taxes, fees, dues and obtaining necessary licenses and permits related to the engageTent. T is incl des, but not lirniteo to ASCAP, BMI, SESAC, city and state permits. F46,A(A � h& �,n,,' S 1p n(L �P c e�i 0 I r W .-4'4, 0LC3 : u 11) FORCE MAJEURE ARTIST'S obligation to furnish the entertainment unit referred to herein is subject to detention or prevention by sickness, inability to perform, accident means of transportation, Act of God, riots, strikes, labor difficulties, epidemics, and act or order of any public authority of any cause, similar or dissimilar, beyond ARTIST'S control. 12) INCLEMENT WEATHER Judgment of the weather's effect in ability to perform shall be at the ARTIST'S sole discretion. In the event that this show is canceled due to inclement weather, ARTIST must still be paid in full, provided ARTIST is ready, willing and able to perform at the designated time as specified in the contract. 13) CANCELLATION ARTIST has the privilege of cancellation by giving thirty (30) days written notice to PURCHASER, in the event that there has been secured for the ARTIST a commitment for a motion picture, television series, television special, a major network television network appearance, a "Las Vegas engagement", a location engagement, a major concert tour or a legitimate stage production which would interfere or conflict with said engagement. 14) INTERNATIONAL TRAVEL In the event the appearance is outside the continental limits of the United States, PURCHASER agrees to procure at his sole expense, for ARTIST and entourage, a licensed, bonded customs broker, other documents of any nature whatsoever necessary or usually obtained to enable ARTIST and to render his services hereunder. Also, PURCHASER shall be responsible for, and indemnify and hold PRODUCER and ARTIST harmless from and against all local municipal, and country or government taxes, fees or levies on all income earned by PRODUCER, ARTIST or ARTIST'S EMPLOYEES while in the country or countries covered by this contract. Also, the PURCHASER will be responsible for all international visa paperwork required and assisting ARTIST tour entourage with proper arrangements to enter the Country and perform legally. 15) LEGAL WARRANTY Nothing herein shall be construed to represent a partnership between PURCHASER and ARTIST. ARTIST and ARTIST'S services are being retained on a mutual agreement, independent contractor basis. PURCHASER cannot assign the rights of herein without the prior written consent of ARTIST'S personal manager. All parties to this agreement acknowledge that this Agreement was entered into the State of Tennessee and shall be governed by laws of the State of Tennessee. Further, all parties acknowledge that Nashville (Davidson County) Tennessee is the appropriate forum for any and all litigation arising out of or involving this Agreement and/or the performance of any duties hereunder. The parties therefore consent to exclusive jurisdiction and venue in Davidson County, Tennessee. The parties further agree that the prevailing party in any litigation will be entitled to recover their costs including reasonable attorneys fee and that any litigation filed outside Davidson County, Tennessee, will be subject to immediate dismissal along with the appropriate sanctions under FRCP 11 or the corresponding state court rules. The parties further agree to do and hereby waive formal service of process in regard to actions brought relating to this Agreement and agree to accept service of process via certified mail, return receipt requested, addressed to ARTIST management on face of this rider. The parties further agree that should it become necessary to consult an attorney due to any breach of this Agreement, then such costs will be considered as recoverable damages. 16) INDEMNIFICATION PURCHASER shall indemnify and hold ARTIST harmless from and against any and all liability, claim, demands, costs, expense, loss and damage (including reasonable attorney fees) arising out of or in connection with any bodily injury, death or loss or damage to 3 Initial property which occurs in any connection with any performance rendered or to be rendered by ARTIST hereunder (unless the same is caused by the willful, tortuous conduct of ARTIST). 17) INSURANCE PURCHASER agrees to provide comprehensive general liability (including, without limitation, coverage to protect against any and all injury to persons or property as a consequence of the installation and/or operation of the equipment and instruments provided by ARTIST and/or employees, contractors and agents.) Such liability insurance shall be in the amount required by the venue, but in no event shall have a limit of less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and property damage. PURCHASER further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by ARTIST and/or employees, contractors and against fire, vandalizing, theft, riot, or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided. Certificates of insurance relating to the coverage listed above shall be furnished upon request by the Tour Manager or ARTIST management office. 18) MODIFICATION OF CONTRACT It is hereby understood and agreed that the PURCHASER shall not add to, delete from, or make any alterations in the Agreement or Rider without prior communication and written agreement from ARTIST'S personal manager. Any attempt to alter this agreement by PURCHASER will act as a waiver of all rights of purchase but will leave all liabilities of PURCHASER in place. This Agreement cannot be assigned to any person, firm or corporation. Under no circumstance will the venue be changed or moved without written consent of ARTIST or management. Any attempt to violate this provision will be considered a contract alteration. f 19) GROUND TRANSPORTATION a 1 P_' �'\0W� PURCHASER agrees to provide One (1) runner rTcTwlth 1 15- gassengervans and One (1) Mid -Size SUV for artist use from load -in thru load -out. This will be utilized for transporting b e een4m9el- n. venue, and other miscellaneous runs throughout the day. All drivers must possess a valid dri seems a d be knowledgeable of the areas undi0 t"agement. Only one driver per vehicle, no guest ri l 20) A£eOMMODATiONS Q 1 A t b�.�o� �t— �— �sv� CA — PURCHASER agrees to provide five (5) double hateI_Woms-ftM asrta ARTIST. Hotel should be Hampton Inn, Hilton Garden Inn, Hilton, Courtyard by Marriott, Marri etef. HbWJay Inn Express or equivalent, with indoor entrances and be conveniently located to the venue. Plea is with the Tour Manager. All rooms shall be listed under the Chase Butle(Group. 21) MERCHANDISING ARTIST shall have the sole and exclusive right, but not obligation, to sell merchandise bearing their name and likeness at no cost to ARTIST. Please provide three (3) S' tables, and adequate lighting in an area highly visible to the public. PURCHASER and/or venue cannot sell or manufacture any items with ARTIST'S logo or likeness without prior written approval by ARTIST or management representative. PURCHASER will not charge ARTIST or anyone else for the sale of ARTIST'S merchandise. 4 Initial PRODUCTION RIDER 2019 _J THE ARTIST HAS SPECIFIC SOUND, LIGHTING, AND STAGE REQUIREMENTS. PLEASE REFER TO THE PRODUCTION REQUIREMENT PDF FILES YOU WERE EMAIL BY THE PERDUCTION MGR. THE PURCHASER AGREES TO SUPPLY THE FOLLOWING AT THEIR OWN EXPENSE. 1) CONTROL OF PRODUCTION: A. ARTIST shall have the sole and exclusive control over presentation and performance of the entertainment unit in connection with the engagement including, but not limited to, the details, means and methods of the performance of the entertainment unit and each member thereof, and the persons to be employed by ARTIST in performing the provisions hereof on ARTIST'S part to be performed. ARTIST shall have the sole right, as ARTIST may see fit, to designate and change the performing personnel other than ARTIST. B. ARTIST'S Tour Manager and Production Manager shall have exclusive and total control of all production elements including but not limited to sound, lighting, and staging systems, sound pressure levels, rehearsals and stagehands. 2) DRESSING ROOMS: 0v'N .— D� A. PURCHASER shall provido�rge dressing rooms, in close proximity to the stage for the exclusive use of ARTIST and ARTIST'S crew. These dre sing moms should be well lit and have a private restroom and shower facilities (mirror, hot & cold water, soap, and towels). A sofa, table, and chairs are requested. Both of these rooms must have working electrical outlets. B. Dressing room doors should have a working lock, and the keys should be given to ARTIST'S Tour Manager upon arrival. C. ARTIST needs a room in the backstage area to accommodate 20-50 people for the ARTIST'S Meet & Greet. This area should be available from the time the doors open until after ARTIST'S performance. D. When only one room is available, all catering items should be combined into that room. E. ARTIST will not be required to share these dressing rooms with any other artists or acts. 3) RF# D�UCTIC3iV OFFICE: NI a Pew 5 A well -lit office near th �c s ag"reashaj bl a provided. This office should include a desk or table, 3 chairs, heat or air conditioning and liigh�Jnt rnet access with any pass code needed. 4) TOWELS: Twelve (12) bath size towels (if touring entourage is to shower at venue) and (12) Twelve Hand towels are to be provided at time of ARTIST'S crew Load -In. Please put these in the Production Office. 5) SECURITY: PURCHASER shall guarantee adequate security at ALL times to insure the safety of the ARTIST, personnel, instruments, personal property, vehicles, etc. Security will secure backstage entrances, backstage area, stage area, and bus perimeter upon ARTIST arrival through departure. All backstage access shall be cleared and supervised by ARTIST'S Tour Manager. 5 Initial 6) BACKSTAGE ACCESS Only ARTIST'S tour passes will be honored for backstage access unless approved by Tour Manager. Should ARTIST be the headliner, the tour manager will need to approve any guest list and passes. All efforts to keep the number of backstage guests down to a minimum will be appreciated. 7) PARKING PURCHASER agrees to provide a secured parking space adjacent to the stage door/backstage area for one (1) 45-foot bus, with trailer attached. Electrical hook-up capabilities of one (1) 50 Amp 220V service shall be provided with this parking area. (Shore Power). Purchaser shall obtain, at no cost to Company or Artist, all police and/or municipal permits, if necessary, to load -in from the street. In the event of snow or ice, Purchaser shall provide, at no cost to Company or Artist, essential snow removal equipment, sand, salt and necessary personnel to provide a clear and safe load -in area prior to arrival and departure of all trucks, buses and other Artist and Company vehicles. 8) CAT ING REQUIRMENTS ,� w PURCHASER ag s to provide food and beverages in conipIi::�f1ce with the following: Caterer shall provide pe nnel to cook, replenish, s�.:rvs)-an f clean up at every meal. All Menu Options to be approvvee&by the Band Tprj'r Manager in the Advance. All catered meals should be served in aofe2�af the venue (backstage) other than the dressing rooms. Ecologically responsible ware is_p&eptable for I)rc.nM,­t A and lunch. However, china and silverware is expected for dinner. Breakfast: S ER V E b 07:OOAM—10:30AM Lunch: -SERVED 12:OOPM — 03:OOPM D17at�,': SERVED 05:OOPM — 08:30PM Bottle Water, Assorted Soft Drinks (Iced), Coffee and Hot Tea service to be available throughout the day with the appropriate condiments, including flavored creamer and truvia. If there is no catering, thenAbuyat{t-will-be-�re(Wi . A cash buyout to be paid to the Tour Manager is due at load in consisting of $25/person for Ii rjt ch & 35/person for dinner. This money does not come out of dressing room hospitality After Show: PURCHASER agrees to provide after show food for ARTIST personnel and be placed on the bus immediately following show (pizza, wings, sushi, burgers, subs, steaks, etc.). Please arrange with Tour Manager. 6 Initial _ -�� BUSIDRESSING ROOM CATERING - TO BE DELIVERED TO THE BUS UPON ARRIVAL: Forty (40) Pounds of Ice Four (4) Cases Bottled Water Two (2) 12-Packs of Le Croix (2 Different Flavors) One (1) 12-Pack of Ginger Ale Two (2) 4-Packs of Red Bull (Sugar Free) ,L1hC��1 u�- Mclu led pelr&f4 One (1 Bottle of Orange Juice One (1) Bottle of Nestles Coffee Mate Italian Sweet Creme Creamer 12 lb. Turkey 12 lb. Ham 12 lb. Cheddar 12 lb. Pepper Jack One (1) Loaf Wheat Bread One (1) Bag Pita Bread Fresh Fruit or Fruit Tray Veggie Tray Hummus Olives One (1) Bag Tortilla Chips One (1) Jar of Salsa One (1) Can Nuts Eight (8) Kind or Clif Bars Two (2) Rolls of Paper Towels One (1) Sleeve Solo Cups One (1) Sleeve Disposable Coffee Cups One (1) Pack of Huggies "One and Done" Baby Wipes i xr'h Induo4 A rr cAty FOR THE STAGE: At "Time of Doors" or two hours prior to showtime. Please place on stage by the Parmalee Monitor Console: One Case (24 singles) 16 oz. bottles of room temperature spring water. 9) STAGE REQUIREMENTS STAGE: Minimum stage size is 32' wide x 24' deep x 4' tall made of solid interlocking pieces. Stage surface must be smooth, dry, even, and free of holes, protrusions or obstruction, must not have loose panels, and must be solid and sturdy. Two (2) sets of stairs with adequate illumination must be provided at upstage right and upstage left. Railing that covers the Stage Left, Upstage and Stage Right edge fully. ARTIST must have a barricade set in front of the downstage edge that is equal width to the stage. All Barricade MUST be MOJO STYLE. Bike Rack is not acceptable. Stage/sound/tech wings are preferred downstage right, left AND upstage right, left. They must be the same height as the stage, 20ft by 20ft and must be draped off from the audience. Wings must also have a railing around the entire perimeter. 7 Initial. 10) OUTDOOR SHOWS In addition to the preceding, for outdoor performances, the stage must have a secure covering a minimum of 20' above the stage and shall be a professional seamless, waterproof roof. A similar covering is to be over any additional stage/tech/sound wings and over the front of house sound, monitor, and lighting consoles. In the event of a night show with no signs of rain, front of house covering should be removed. An adequate supply of large tarps and visqueen (minimum of 2 rolls) to cover all stage gear, all house and monitor electronics is required in case of inclement weather. UNSAFE CONDITIONS: ARTIST shall have the right to refuse to perform if there is improper/unsafe rigging of the production gear, water is standing on the stage, the stage and/or roof is not structurally sound, or ARTIST otherwise deem performance conditions unsafe. 11) CONSOLE AND BACKLINE AREAS A minimum area twelve feet (12') wide by twelve feet (12') deep must be left available for ARTIST'S Front of House sound and lighting consoles on the main floor of the seating area. This area is to be cleared of all seats and should be approximately seventy-five feet (75') from the stage and in the center of the room. This area should be blocked from the audience by barricade or "bike rack." Any seats with restricted view because of this area must be sold and visibly marked as RESTRICTED VIEW. In the event of festival style seating (no seats) or any situation impairing the sight line from house mix position, risers must be provided for the FOH consoles. Any problems in blocking this equipment area should be reported to the ARTIST'S Tour Manager in advance of tickets going on sale. A minimum area ten feet (10') wide by ten feet (10') deep must be left available for ARTIST'S Monitor World and be located on the stage left side of the stage. A minimum area ten feet (10') wide by ten feet (10') deep must be left available for ARTIST'S backline and be located on the stage right side of the stage. For shows where ARTIST brings full backline, there will be three (3) guitar amp stacks, 2 on stage right and 1 on stage left. These guitar amps will need to be either ramped or fork lifted to the stage. 12) RISERS ARTIST travels with their own 8' x 8' x 2' drums riser. In the event that ARTIST is not using their own riser, one (1) 8' x 8' x 2' carpeted riser with casters and black skirting shall be provided by PURCHASER. 13) STAGEHANDS PURCHASER agrees to provide the services of four (4) to eight (8) stagehands available to work at the direction of ARTIST'S representative for load-in/set up and tear down/load-out, at no cost to ARTIST. THIS IS A MUST! Artist carries a large production. PURCHASER or authorized representative should be available at the venue from load -in through load - out. All stagehands, loaders, engineers, sound & lighting personnel shall report to ARTIST'S Production Manager at load - in and work at his direction for ARTIST'S portion of the show. AIL[abor mugj be experlemed. able hodled and s_ob r a alt-time%freefrom alcQh )I gn IM else. In the event that all of Artist's labor requirements four (4) to eight (8) stagehands to be available to work at the direction of ARTIST'S representative for load -in and load -out, at no cost to ARTIST] are not complied with by the PURCHASER, resulting in a delayed load -in or load -out to the ARTIST, then PURCHASER will incur a charge from the PRODUCER of One Hundred Dollars ($100) for each stagehand unaccounted for. This will be determined at load -in and if Artist representative feels that there could be an issue, then Artist representative will collect the necessary money prior to Artist's performance. Additionally, all loaders and stagehands are subject to PRODUCER'S prior approval. All monies will be returned if the labor requirements end up being met for load -in and load -out. 8 Initial! 14) ELECTRICAL A. SOUND and LIGHTING contractors must be provided with their specific power sources at correct distances from the stage. Artist will assume no responsibility for financial losses due to cancellations or delays that result from a lack of proper electrical power. Lighting Power: A minimum of 400 amp per leg, three phase disconnect, with appropriate neutral and earth ground. This power is to be used by contracted lighting company and ARTIST'S lighting package. 2. Sound Power: A minimum of 200 amp per leg, three phase disconnect, with appropriate neutral and earth ground. This power is to be used by contracted sound company and ARTIST'S Audio Personnel. This source should be on a different transformer from the lighting power source. This will prevent interaction between lighting and sound equipment. This power source should also be isolated from any and all kitchen equipment, including but not limited to ice machines, ovens, blenders, mixers, cash registers, etc. B. STAGE POWER for ARTIST will be consisting of six (6) 30 amp, 120 volt services, terminating into monitor world. Services to be supplied by sound power and positioned on stage according to attached stage plot. C. SHORE POWER, a 120-volt, 60 amp, single-phase electrical service is needed for the tour bus. This service must be located within 35 ft. of the bus parking. D. A qualified electrician, familiar with the venue electrical, must be present at the time specified by the ARTIST, sound, lighting contractors and present when shore power is required for the tour bus. E. If power requirements cannot be met by venue, PURCHASER shall provide at their sole expense, generators for the said event. Two (2) separate generators must be provided for Lights and Sound separately. Generators must be properly grounded with adequate fuel for operation from production load -in till post show load -out. 15) SOUND- PLEASE REFER TO THE PRODUCTION PDF FILES SENT IN THE ADVANCE. UN Venue is to be available to the local sound, lighting, and ARTIST'S crew a minimum of ten (10) hours prior to the opening of the doors to the public for set-up, sound check, and focusing. The load in area needs to be as direct and as close to the stage area as possible. PURCHASER will supply any additional ramps to move road case over stairs cases or fork lifts to move large set pieces into place. PURCHASER agrees to provide a sound check for the ARTIST and band to be completed prior to opening the doors and admitting ticket holders. PURCHASER agrees to keep sound check closed to the public and let only necessary crew working at this time into the venue when the ARTIST is on stage- 9 Initial _A _ P9SAGRAP4i AUI.OLS Pa nMyaph headings are Inserted In this Rider for convenlenoe only and are not to be used in Interpreting this Agreement. THIS ENGAGEMENT IS NOT FIRM AND NO ADVERTISING CAN BE DONE UNTIL THE AGREEMENT AND RIDER IS FULLY SIGNED AND EXECUTED BY ALL PARTIES. ANY ATTEMPT TO ADVERTISE OR SELL TICKETS PRIOR TO EXECUTION BY ALL PARTIES WILL BE AT PURCHASER'S OWN RISK AND MAY BE CONSIDERED, IN THE DISCRETION OF ARTIST, A BREACH OF THE AGREEMENT AS WELL AS A CONTRACT ALTERATION WHICH WILL PERMIT, BUT NOT REQUIRE, ARTIST TO TAKE ANY ACTION PROVIDED FOR UNDER THIS AGREEMENT. Nothing In this agreement should be construed to creme a partnership or any relationship between PURCHASER and PRODUCER or ARTIST baywrd Oda one contracted wr gaganwwl- This lnfvrmatlon Is Intended to enable Parmelee to defter the highest quality show possible. We look Iorwim to a greet shawl AGREED & ACCEPTED AGREED A ACCEPTED PURCHASER: ARTIST I PARMALEE: C � (please sign `AfWANDO G. VILLA sign n CITY MANAGER C" OF MENIFM (p*aw print name) (pisase Print name) . Al�G p (Please pint title) (plane p title) Doe: Date: 1 G APOrove as to Form. Jeffrey T. kelchl g City Attorney 10 Initial Paragraph headings are inserted in this Rider for convenience only and are not to be used In interpreting this Agreement. THIS ENGAGEMENT IS NOT FIRM AND NO ADVERTISING CAN BE DONE UNTIL THE AGREEMENT AND RIDER IS FULLY SIGNED AND EXECUTED BY ALL PARTIES. ANY ATTEMPT TO ADVERTISE OR SELL TICKETS PRIOR TO EXECUTION BY ALL PARTIES WILL BE AT PURCHASER'S OWN RISK AND MAY BE CONSIDERED, IN THE DISCRETION OF ARTIST, A BREACH OF THE AGREEMENT AS WELL AS A CONTRACT ALTERATION WHICH WILL PERMIT, BUT NOT REQUIRE, ARTIST TO TAKE ANY ACTION PROVIDED FOR UNDER THIS AGREEMENT. Nothing In this agreement should be construed to create a partnership or any relationship between PURCHASER and PRODUCER or ARTIST beyond this one contracted engagement. This Informatlon Is Intended to enable Parmalee to deliver the highest quality show possible. We look forward to a great show! AGREED & ACCEPTED PURCHASER: (please sign ng - p, p G. VILLA CITY MANAGER CITY OF MENIFEE (please print name) (please pint title) Date: rove as t arm; - Jeffrey T. Melchi City Attorney AGREED & ACCEPTED ARTIST / PARMALEE: (please sign name) (please print name) (please print title) Date: 10 Initial PARMALEE 2019 FULL BACKLINE REQUIREMENTS Chase Butler Tour Manager (251) 459-1190 Parrmalee Contact Information: Tyler Avery Production Manager (315) 414-1611 IF THERE ARE ANY QUESTIONS OR SUBSTITUTIONS NEEDING TO BE MADE PLEASE CONTACT THE BAND PRODUCTION MANAGER FOR APPROVAL. DRUMS: One (1) Five Piece Drum Kit: DW Pro, Yamaha Pro, Pearl Session, Ludwig, Gretch to include the following: One (1) 24" x 16" Kick Drum w/ Evans EMAD 2 head batter head One (1) 13" x 9" Rack tom w/ Evans G2 batter head One (1)14" x 14" Floor tom [MUST HAVE LEGS] w/ Evans G2 batter head One (1) 16" x 16" Floor tom [MUST HAVE LEGS] w/ Evans G2 batter head Two (2) Snare Drums Wood 6.5" — 8.5"x 14" w/ Evans HD Dry batter head One (1) Latin Percussion Cajon One (1) Latin Percussion full Shaker One (1) Heavy Duty Hi -Hat Stand with Paiste 14" Hi -Hat Cymbals Two (2) DW 9000 single Kick Pedal (second kick pedal is spare, please supply two) Two (2) Drum Thrones [no backs] Four (4)Paiste Cymbals consisting of: Three (3) Alpha Rock Crashes 18", 19", 20; One (1) 22" Rock Ride One (1) Heavy Duty Hardware Package: including Five (5) Cymbal stands, Two (2) Snare Stands, One (1) SPDSX Pad Stand One (1) 8' x 8' Drum Carpet BASS: Two (2) SVT Classic Heads Two (2) SVT 450 H Amps [if Classics not available] One (1) Ampeg 8x10 Classic Cabinet SL GUITAR: Two (2) Fender Hotrod Deville 4x10 combos or Two (2) Peavey Classic 50 - 4x10 Initial P" PARMALEE 2019 FULL BACKLINE REQUIREMENT One (1) Yamaha MOXF8, Yamaha S90 One (1) Single Tiered Keyboard Stand One (1) Sustain Pedal One (1) Piano Bench or Drum Throne [no back] _; :•: ; !i Two (2) Buddha Superdrive 30 combos Two (2) Fender Hot Rod Deluxe 1x12 combos [if no Budda is available] One (1) Eight (8) Space Guitar Boat Five (5) Single Guitar Stands Ten (10) Instrument Cables 25ft in length Please supply One (1) 8 x8'x2' drum riser with steps and skirting (1) 8-Channel 1 /4 inch TRS Male -to -Male Fan Out Snake IEMS: Six (6) Shure PSM900 [if not available Sennheiser G3 Units] Eight (8) Matching Tunable Body Packs FOH / Monitors (2) Midas M32 Consoles (3) Cat5 Cables — Minimum 100ft. 2 Initial A V Channel 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. Aux In 1. Aux In 2. Aux In 3. Aux In 4. Parmalee Input List Name Kick In Kick Out Snare Top Snare Bottom Hi Hat Rack Tom Floor Tom 1 Floor Tom 2 Overhead SL Overhead SR Pop Snare Bass Clean Bass Dirty Keys Left Keys Right Acoustic Guitar Matt El. Guitar Josh El. Guitar Barry Vocal Matt Vocal Josh Vocal Key Vocal Empty Empty Audience SL Audience SR Stage Talkback Drum Talkback Click Track BG V Track El Track L El Track R Loops Track L Loops Track R Synth Track L Synth Track R Mic Bota 91 Beta 52 SM57 Beta 56 SM81 Beta 98 Beta 98 Beta 98 KSM 32 KSM 32 Beta 56 D.I. Box D.I. Box D.I. Box D.I. Box D.I. Box SM57 Kemper SM58 SM58 Wireless SM58 Super55 Stand Short Boom Short Boom Short Boom Short Boom Clip On Clip On Clip On Tall Boom Tall Boom Short Boom Z-Bar Tall Boom Tall Boom Tall Boom Tall Boom SM81 Short Boom SM81 Short Boom SM58 Switch Tall Boom SM58 Switch Tall Boom MOTU Out Main L MOTU Out Main R MOTU Out 7 MOTU Out 8 MOTU Out 1 MOTU Out 2 MOTU Out 3 MOTU Out 4 Aux In 5, Ac Track L MOTU Out 5 Aux In 6, Ac Track R MOTU Out 6 As