'' 'f\l~{b~ SENT TO ARTIST:~ f f.\v- SENT TO BUYER: 1503 17th Avenue South Phone: ~~~~~t~ Nashville TN 37212 _NfMTF~NTU~R Fax: (615)-783-0974 TOURING Agreement made this date, Wednesday., Maret• 16. 2016 by and between YSW, Inc. (herinafter referred to as Artist) and Appalachian State University (henriaftsr referred lo as Purchaser). Ir is understood and mutually agrsed tha: ihe Puchaser engages rne Artist to perform the following engagement vpor: all the terms and conditions hereinafter sot forth·
ARTIST(S): The Avett Brothers 100% HEADLINE . AN E\'EMNG WITH CONTRACT#: 112659
VENUE: Appalachian State Universi::y Holmes Convocaticn Center 111 Rivers Stree!t Boone ,NC 28608 Pn Phone: 828·262-7890 Fa.c Prodc.ct•on: Scolt Haynes Ph: 336-978-4262 m DATE(S): Thu. September B, 2016
Artist to Perform one (1) show ap:irox. 120 minutes in l~ngth. TICKETS: Ouantlly Grs Price '::mp!Kls Deduct Net Price Discrptn No. Days!Shws: 1 / 1 800 @ $65 00 100 $65.00 GA- Floor Load Jn· per adv 2.900 @ $35 00 $35.00 Student Pre-sale Snd Chcl<.: per adv 2.900 @ $55.00 soc $55.00 Rsvd Bleacher Doors Open: 7pm @ $50.0C $50.00 Members Showtime(s)' 8pm GP. $279.000.00 Capacities Onstage: 8pm Tax: Per Show: 6,COC Curfew: Net: $279,000.00 Total lkts: 6,000 Ages: MERCH: Building Sell: Non-Rec F % Recorced fS"•·• Art st Sell: Ncn-Rec I% Recorded 1% TERMS: $220,000.00 Flat Guarantee
Flat Pertorni.'l'1C:e lee suh1ect to t''·<> N C w.t~1!1Jld1-1o1
PLUS Purchaser agrees to prov1d1! and pay for S& ~and monitors ta meet wit.>i Artist's spec,fio:aticns and apprcval.
Purchaser shall provide and ~ay fer. as per Arist's speciticanons and approval. a: no c:ist to Artist any and all rider requirements ADDITIONAL PROVISIONS: ARTIST TO BE PAID RAIN OR SHINE cilcnso ;;el? Pwc1::13wo; arldond11rri Venue to sell merch and provide sellers 'at no aoditional cost to Artist. Artist requests that indoor showi are designated as 3 "NO SMOKING SHOW"
OTHER ACT[S]: None
PAYM£NT5: $0 00 US deposit to f'.;ew Frontier Touring payable by check O' elec:ron1c transfer (conlact NFT contract dept) only. due by: :Any ta FINALS: Return final report within 48 hours airer the date of performance. It is expressly understood by the Purchaser(s} anc' the Artist who are party to tris contract that ne1tner New Frontier Touring nor its officers nor its employees are parties to this contract in any capa ::ity ana that neit.1er New Frontier Tounng ncr its otf!cers 1or its employees are liable for the performance breach of any provisions contained /-.ere1n. This contract shall not be binding unless sig.~ed by all parties here10. Should any Rider, Addendum and/or Expense sheet be anMxed to this Agreement it'they shall also cons/olute a part of thit· agreement. and shall be signed oy all parties to this contract .. IN WITNESS WHEREOF, the parti11s have execut~d this Agr11eme1t en th& date first above written YSW, Inc. Appalachian State University 01-0768773 Hank F em an ( __ / ~--r.__.- __ .... - x X ,.-/'-r / ~ 1503 17th Avenue South A - Phone: (615) 321-6152 Nashville TN 37212 MWF~NTIER Fax: (615)-783-0974 TOU,ING Exhibit A Additional Terms and Conditions for :\on-AFM Members The Avett Brothers Showdate(s): 09/08/16 The parti1.:s hcrcw hereby acknO\\Jedge that the following additional term' and conditions arc incorpora11.:d in and make a part of the Agreemelll bc:tween th~ parties hcr.:w. l. Reproduction of Pcrfonnance Provision PCRCH.\SER sllall not itself noHlillll-u.permil oihers...i....,.r~qrd. br~dca.~l.h!l<}-.:i,-:c. plK>~gi:;;ph{-lr~ei:wi.s.:-::cpi:OO~il::l: \:~!-~d!~+..p.e~tm.d~-.e&-~1-nd~r,. or.,m.. ):.part.t-hcreof. ;::'l1rchaser .::ar.rct ,~ontroi nersona! use ct cell phones or :.Yht~r ~ \krchandising Pro,ision -- ARTIST shall have the exi.:lu>ive ·ight to 'ell '>Ouvenir program~. photographs. recon.l .\. Right to Likeness Provision ARTIST'S name or likenc:ss may r.ot be used as i.n endorsement or any produc: or servk'e nor in connection with any commercial tic-up without ARTIST'S prior written consent. 4. Termination Clause In the event PURCHASER rcfu\CS er neglect-; to provi~e any of the material items or 10 perform any of its obligations herein stated. and/or fails to rnakc any of :he pa)mems as provided herein, ARTIST shall have the right to refuse to perform this C(mtract, : 5. Skkncss or Accident Pro\ ision NC State law µronib1ts pay·Tler:t ror services not rendered. ,,--· In the event of :..ickness or of accid 6. Controlling Authority Pro"1s1on ARTIST shall have the sole and exclu.sive control over the production, prcscnwion anc. performance of the engagement hereunder including but not limited to the details. mean~ and methods of tbt: pcrfonnanccs of the performing artists hereunder, and ARTIST shall ha\·e :he sok right or may see fit lO designate and change al any time the performing personnel. Provided ARTIST is ready. \>illing and able to perform at stated date and time, ARTIST'S obligations hereunder arc subject to detention or prcvcntir n by sicknc~s, imtbi!ity to perform, accident. means of transportation, Acts of God, riots. strikes, labor difficulties. epidemk'>. any act or orcer of any public authority or any othC'r rnus1.:. similar or dissimilar beyond ARTIST'S control. ··ied~ 7 \.Vc.a.iher.Pro.vision a~ .. Ga,'y agr 1nin aporox o e ve . - , ject to sa1 e terr. ~ Jnclcmem \'.eather. rendering p.:-rtorn\iln~c 1mpn!isihk .. fo.J.ia,-;ible l}f.unsafe i;haU not be cc0fl1Gd .a.for.;e-maj~rc c:.v~mt and paymcnt.-0f.1he agreed upon compcni.at.ion sha.ll be-macie-ootw~h;;randmg,.lf.~RGMA£aR-aad-A.R-Tl!iT si;;ag~-t.o whed~l)r-n:nditiGll·Of-~.1formam-1J\ s).is- impos5fule, .110~-foasibk:-or .. ~ ~u& .. of i11~lt1meinweather,.ART.is:T~S determination a& w pcrJ-Ofmllf!W-i;halt.pRW- 1503 17th Avenue South Phone: (615) 321-6152 Nashvll/e TN 37212 Fax: (615)-783-0974 NWIF~NTreR TOUllNO Exhibit A Additional Terms and Conditions for Non-AF~! Members The Avett Brothers Showdate(s): 09108116 Cancellation Clause n1r~8!V 1, ~+C 1 Ur.!.:ss stipulatc-d to the rn11tr;1rv in writin<', Pl'RCHASER ae'.rcc~ that ARTIST mav cancel the en 9. Independent Contractor Clause Ir is agreed that PURCHASER ~ign.'> thi> cornract a'i a;1 inccpendcnt contractor and nut a> an employee. This contract shall nnt, in any way be construed ~o as to create a partnership. •>r any kind of joint undertaking or venture between rhc parties hereto, nor make ARTIST !:able in whole or in ;iart for any obligation that ma; be in:uned by PURCHASER in PURCHASER'S carrying out ~n: cf the provrsil)n' hereof ur otherwise I 0. ~~i<.y..fur-l1woni;il;t;:11~-!2~s~. la~~tof.any-~nc1=>rn;ist=y..bctw1JC11-the.prov~~i.i,;..w11t;:;J;.;t-and--tl:ic-~>+i:>ioo ..,_ .. ofany..~..a4Ji.:m;!a...,.-C.'J1~ or any ml:tel' attachments hereto, the pariies.agr~e-that--t~pi:G-li-i.sicM- ~-fa vorab~ tv- AR:r-IST-shaU-cootroL 11. lndemnitication Clau~e PU.RCH .. A.S.E.R-he+eby.ind~m1-1ifie ;...ar.d-11 •.Jds AF.T !ST, ;i~; ~\.: l! as. their rcsp-c,,; 12. Dispute Resolution Pnmsion Any claim or-disputG arising Gut of 4r reL11ing w thi),.Agreement or the-breach th~rcof ,;hall-bc-S<:Jttled by ai:bit.r.at~on in tl1e Staw..-0t:~~H-1--a"°1:Gan<.'G- .1.·;th th•! rules and regulations then ohtaining of the American Arbitration Association go¥Cmiag.-paneli;..-'.fl:le~i..:-s.-hcrtu1-;i~rc.:.-~-~Y-t~1e ;i"':ird-Qf-.>YGh-a•Ml:atib.n-and-~1-up 13. Conflict of Laws Provision 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 servkes and personnel lo be furnished by the PCRCHASER to ARTIST hereunder. If there is any conflict between any pro1ision of this Agreement and any law. rule or regulation. such law. rule or regulation ~hall prevail and this Agreement shall be curtailed. modified. limited only to the extent necessary to eliminate such conflict. ARTIST agrees to comply v-ith hall regulations and requirements of any union(s) that may have jurisdiction over any of the said mati;:rials, facilities and pcroonnel to be furnist:ed by PURCHASER. 14. Escrow Provisiono not ar1pilcat)1;o 1503 17th Avenue South .A Phone: (615) 321·6152 Nashville TN 37212 Fax: (615)-783-0974 NWF~NTit:R TOURING Exhibit A Additional Terms and Conditions for Non·AFM Members The Avett Brothers Showdate{s): 09/08/16 in writing delivered lo the Escrow Agent. and if tile duties or the facrow Agent are affected, unless it shall have given its prior written consent thereto. If at ;my l!me there >hall bi: a controversy bctwee:1 PURCHASER and ARTIST with rcspt'Ct to the Escrow Fund. the Escrow Agent m 15. Assignmem/ Transfer Provision This contract (a1 cannot be assigned or trnnsfem:d \\ .thout the written consent of PURCHASER. (b1 contains the sok and complete understanding of the parties hereto and (C) 11ay not he amended, suppit:mented. varied or discharged. except by an instrumem in writing ~~~dr.~;'.lt'?Jh panics. Tile \alidit;. construction and effect of this contract shall be governed by the laws of the State ofTen1iC.~c. i·eg:udlt:ss of the place or performance. ~~$.:r:HIS AGREEME::.+ ON.J?.WRGHASER~~.a.EH.O..J..fi-W.A.J?..R.A,.~~¥-.:r:Q..J)Q.SQ,-Ahl:LSUCH.l?ERSO.N ~¥-J?rn\iAU..Y 4,SSI ·;1.·l~UAB.LLlT¥.. F.QR.'.f-l-iE-!?A.YxlEI'>iT.Of'.5AID-P.RICg.i~..tJ.U.. The terms "PURCHASER'' and "ARTIST" a:. used herein shall include and apply to the singular. the plural and to all genders. YSW. Inc. t:sJo The Avett Brothers Foreman x~·~. :,i: pagBs v\.-:tr1 .;o;;trac! edits a:-c1 r~1cc.1itic~r:c,1s sl'';)u!d t;e T:tfA.lt~·.J t·.y ;...,rt1st i::~x.:r t.; !8!ur~-·;r.g cor~tract •=u!! 1; executt_:-(j C1)ntrac1 shad he- ·et;..;rr:e(.J a: leas· 1:) t;i..;5.:nes:: days :;.'.':c1 tc. ;;vent ·o aUO~A/ for ':hcch CfOCt'.!SS1ng Pure- ' . The Avett Brothers Hospitality/Technical/lighting Riders with Stage Plot REVISED 8-6-14 Scott Avett - banjo/ piano/vocals Seth Avett - guitar/piano/vocals Bob Crawford - bass/vocals Joe Kwon - cello Touring Musicians Paul Defiglia - keys/bass Tonia Elizabeth - violin Mike Marsh - drums PRE-SHOW CONTACTS: MANAGER: BOOKING AGENT: Dolphus Ramseur Paul Lohr Ramseur Records New Frontier Touring 1 6565 Foothills Lane 1503 17 " Avenue South Concord, NC 28025 Nashville, TN 37212 [email protected] PH: 615-321-6152 FAX: 615-783-0974 TOUR MARKETING: [email protected] {Promotional CDs, Posters, etc) SOUND ENGINEER: Dolphus Ramseur Ju!tin Glanville Ramseur Records PH: 404-247-4090 ramseurrecords@ct•:.net [email protected] TOUR MANGER: LIGHTING TECHNICIAN: Dane Honeycutt Peter Schroth PH: 704-239-4066 PH: 336-509-2147 danehoneycutt@hot mail. com [email protected] MERCHANDISE: Travis Hylton PH: 865-405-2564 [email protected] ' ' \ 2 The Avett Bro,thers Hospitality List Updated 4/19/12 --- (Please no Styrofoam!) 1 small bott.1$...of .. haJ:ld-sa.rotiz-er flii catering to be advancec1 w11r 4 ~ses.of-bottW.watst-P-baGkst-a~e-tout:-bus) tour manager 2-cartons of.-1.00-% ~~-~d-OJ.) +.bag-o~or gala apples As available iocally 1 packet of napkins -1 box assorted pla~.QJ~{f~kS;~. -krwssj P,urcnaser not able to provide ~ +-packet of paper bowls d1COhOI. 1 p;cket of plasti.c-so!o.et.i.ps ~ 2~i-bars 1 small j;r of chunky pea.l'.l~e::: t small jar .ci:samy peai:iut ~ +.jar of natural-j.elly (graP'~~.Gad-4-p.Gs.SibJ.s) +t2--ib-~-tu.r.KG~rami (no pr~0A1atives-~rtmci.al-~ 1 loaf 5 grain bread (locaU~if-possible) t~ge..sfiGed~-(ch~ar-o;..Swisaj tsmall jar-Gf.~mi..ista.r:d -1-.small.jar--Of-r~Jse 1 small carton of-l:!alf.atld..half 1-~~MWa.t~~CIJPS-{Wo--S~) +.bag each of sun ch.ips4~ginal) and-kettle-cA~t-aoo.v~~.) ~-box.~or-GAe6SE~crac)(ers 1 box of triscuits or ot~~~ S-oottles of natural gatorada-{canbe~d-s-~hta.lent~~-etc,. if possible} 2-W~.of...plam-COGOAblt-Water 1 bunch ~ Bananas ~ 1 bag banana g.rcuiola t-box-Of-HoRey...fiWAGhes..(~f Oats 1/2 Gallon of H-0ri~.Q+l-Or9anie-,?.!lk-mJ.lk +pack roasted cashews +.bag-Pistachio l'.lllts 1-bag walnuts +-botUe.-niGe-~~ -1-bottle nice white wi+\e ~ean.Goffee..from-a..tocal-CGffee-s~p 1 fresh fruit-tray 1- fresh veggie-tray 1 cold cut tray +.qyai:t-F~k-y.Ggblrt 6-1~4-spai:kli+lgwater:-{saR~Mo-Of:-apoURar~s) ' ' 3 Regarding the proposed THE AVETT BROTHERS engagement in t3co!/\£.',' t.,,\C ' on ~~ , g- I .2o \ b , this Letter of Agreement sets forth additional terms~ conditions for said engagement and is hereby made part of the contract dated "3- I G j , between THE AVETT BROTHERS (Artist) and rj 7 ~ APPALACHIAN STATE UN!VERSifV (Purchaser). 1. PAYMENT university Q:::-- a) All payments provided for hereun1jer shall be made in certified,oompany or cashier's check. Any and all payments shall be made in U.S. currency unless specifically provided herein. 0~+-GSA~J;mntiei~ T-000~ Balance due to Artist on date of engagement should be made payable to YSW INC. (Fed ID# 01-0768773) in . certitied,.oompany.--O+-Ca&:iier'.s-~:...S··eieet te rw ..vit11no.an 9 ~~ ·t> ~NC ~...--r---- b) All payments shall be made as provided herein. In the event Purchaser fails to make payments at or before the time stipulated, artist shall have the right to withhold performance without prejudice to his ri~1hts hereur:der. :-iav•:-ient to le rnade follow:ng cornplet1cn of service c) Purchaser shall make all payments to Artist in a reasonably secured, private area that cannot be observed by aryone, neither staff nor audience. d) Purchaser agrees to furnish the following items by the end of the performance: 1. Detailed box office statement outlining number of tickets sold at each ticket price level 2.~; ~t~S-Of-«!1-aut.oor.i•~~veQ-.complimenta+jt-admissioo.tG oorlG8rt ~) ~~~~a~!~agrees to make jtj tgrftpll~~ntary tickets available to Artist or Artist's representative, the unusecl portion of which may be placed on sale the day of performance with the permission of Arti~;t or Artist's representative. If the Artist needs more complimentary tickets, it will be negotiated by Paul Lohr of New Frontier Touring. b) P-u~SGr-.a~estG-aJ.Jot-no-mor.e -ttian-2-%-Gt. totaJ.avaHable ..seats-ascomplim&mary.-tiGkets (ir:ldoor avents.oo~y}. c) Absolutely NO discounting of tickets, bundling packages, or "Groupon offers" etc. without prior written consent from management. Appalac111a~i Student P·ograms ofi1ce has agreed w subs;dize SilJ(:erit ticket~ to allow for a special price ::.if$ 2C (b~eacr.er) ;;rs o.O p1t1 fo.· ASU ''~tuts dur'ng the Sluden1 ~re-sale,·.'.·.hey.. will be issuing I V/I ,OLJ\:t•er tu be rc~cli:;e•"';E•d for t1cl< ,;ts. /vl1s1 ~ITIAL: ~ '"--// ' ' ~ 4 Loci'1i Sr;onsQr. Brue Ridge Electric Membership 3. PUBLICITY AND ADVERTISING a) Purchaser shall use only those photographs and publicity materials provided by Artist's representative for advenising and publicizing this engagement. b) All interview requests (television, radio, press) shall be arranged through Taylor Vaughn (Taylor. [email protected], 212-331-2420). All prcrrKJl!C"ial m21eria1s to De provided at no charge k Pur:_ 11& e· c) Promotional CDs, photos, ad mats. etc, can be obtained from Abby Frackman (abby.ramseurrecords@•:;imail.com) or James Abbott ([email protected]). d) As a courtesy, we ask that Purchaser forward all tour clippings of reviews, publicity, advertising, and copies of posters to New Frontier Touring. e) SHOW POSTERS: The Avett Brothers often use a pre-selected graphic artist for their tour posters. All inquiries frori local/regional graphic artists should be directed to Travis Hylton ([email protected]!!l) for consideration and if necessary, final approval. No commemorative poster.s are to be made by the venue, promoter or any other entity without the written cons;ent of the artist. 4. CONCESSIONS W'-1~-k> Se;\,\ ~J,.._. · ~Q-1--- Artist shall have exclusive~ rights to and full control in and about the venue of any and all merchandise bearing the artist's name and/or likeness, including but not limited to compact discs, and articles of clothing and souvenir photos. Al~r.sce.ipts.d.sriv&d-frGm-sa!e-ot-said m.er.chandise-wli-beloi:ig-~lytoAr-tist. Purchaser will provide at least two tables for the sale of merchandise. lf-the--VEm.i& capacity is--2,000-or--mor.&,-buyer--is-to-~ller.s-at-no adcUtionai-cost-tO-the-ai:Usl.- Purchaser will provide adequate lighting for the sale of merchandise. For all othE!r questions regarding merchandise contact Travis Hylton ([email protected]!l). 5. DRESSING ROOMS AND HOSPITALITY a) Purchaser will provide at least two clean dressing rooms with bathroom facilities for Artist. Facilities to wash and dry hands are required. A hot meal for the band and crew (typically a total of eight (8), call Dane! Honeycutt at 704-239-4066 to confirm) shall be provided at least two hours prior to door tirre, consisting of an entree, 2 vegetables, salad, and dessert served with all condiments such eis bread, butter, dressing, etc. Please provide soft drinks, coffee, and water with meal. Also, assorted snack foods, sandwiches, and veggies are appreciated. A meal buyout of $25.00 per person in lieu of a hot meal is acceptable. Please see attached hospitality rider for a list of additional items to provide. Piease contact Sali G1il-Johnscn •)11 l•osp11;;i1 ty ad\ar.ce- g1ll10'1nsons''~ aopstaie.e.Ju, 828-262-6084 x101 6.-ACCOM MODAl-IOJiJS a} P-Ul'.CAassr-shall-.pr-G-V4d9-fi-ve.-dooble-o~nGy--hGtel-rooms-kl+--ba~---at-a-Gi&al+, quahl)l--Aota-1-sllci:l--as-Ha-mpton-lru+,-.Wjlt0n--Gard61+-1nn,.-Holiday-~nn-ExPfess,-Mar00tt,Sheraton Hotet,-Doubletree or Hi-ltoi:-f-Hotal. Ahote-l--located-wi-tl:!in--30-minutes---0f-the-voo~-is-p!'.efefred. P-Jeas~e-t~-h~~he-capal}ihly of-pal=kin~a-4S' tourbus-W-ith--a--+~a+isrdi:id F--ee ;nc o' hotel and travl'i (-~ ~ . Mi'V _Fu.c.INIJ:IAL: ) I I ' 5 that the individual room~ do not have doors that lead directly to the outside (motel-style). Please guarantee the rO•)ms for late arrival in the name of THE AVETT BROTHERS. 7. SPECIAL CONSIC>ERATIONS a) Artist requests that venue must be complete smoke-free and publicized to its paid customers that this is a "1on-smoking event" b) RECORDING AND TAPING POLICY: NO RECORDING, BROADCASTING, FILMING, OR VIDEOTAPING OF PERFORMANCE IS PERMITTED WITHOUT THE PRIOR CONSENT OF THE ARTIST. This includes personal ta.oing from the soundboard. Recording of shows for personal use only is permitted provided copes are made available to Artist and Artist retains all rights to their use. Artist must approve tapin9s for airplay or simulcasts prior to the performance. c) Artist reserves the righ~ to approve any opening or support act. d}When artist-J.s-ti:avelil'.lg-Oy-aii:;-purct+ase.r--Wi.U-pJ'.Gll~~raP:;po+tation to and from a4:p~l-and-¥MY0-r-Ground t+.a-ns~--~arge-TM-looghto-accommodate-\Ae ~f-m~A-trn~ai:id-aAd.cr~-(8) with luggags.aoo-instrumsn.ts. ~~a.::~~:~::',"::~~:::::@~~Me-~ 1-qualit)'-5..pisce-4rum-k~t-w/.22.'.'..dafk-Ade-af.ld.--+8':-0ark--Gr.a-sl+-(ZiJdjan-Gustom.K pr~edj 1-~~tronic.keyboa;d-Wit~we~ght&-d-keys-{Y-amal:ta-pre.f~r+ed) 1--qualitY-iJpi:igtlt.tass.w..lbowfKay-0i:-ArooricanStandard) +-f'~J'.....OW-hi·tk1i-st.andwitl+-Zijd}aA-Cl:lstGm K-da::k-top--and-Oottom-in-addl.tooto drum-k~t 1.. 22.'.'-kick--drum-with-DW-ped-a!-iA-~~i.t 1-.sv.+-G-la~~&:t-O-speake.r--carnnet 4-F-Gndet:-+wi~' i-2-X-+2-Grange RockaAterb-50 f) Purchaser agrees tha: Artist's length of time on stage shall not be less than the time(s) specified on the face of contract and that Artist has sufficient time over and above the length stated on the contract for an encore performance, If it becomes absolutely necessary to change the set length(s). r:lease give the Artist as much advance notice as possible. g) Purchaser shall provide reserved parking space for Artist's vehicle near stage or stage door entrance consisting of at least one 45 tour bus with 18' trailer. h) Purchaser shall provide reserved parking space for Artist's manager (Dolph Ramseur) if he is traveling in a separate vBhicle. Tour Manager will notify you if this is the case. ·'"•~INITIAL,-1L'l{'R' I I I 6. - 8. STAGE In the event of ari outdoor performance, Purchaser must provide a covered stage, which will protect the Artist from the elements, including bright sun, and/o~ rain and reasonably ensure the safety of the Artist and Artist's equ:pment. 9. DAY OF SHOW SCHEDULE Please advance the show with Dane Honeycutt at least three weeks prior to date. Dane Honeycutt can be reached at 704-239-4066, and by email [email protected]. The day of show contact is also Dane Honeycutt. The schedule should follow this format if possible: the load-in shoJld be six (6) hours prior to door time for the band, sound check should promptly follow load-in, and dinner two (2) hours prior to door time. For instance, for an 8pm show the schedule would be as follows: Load-in: 1pm Sound check: 3pm Dinner: 5pm Doors: ?pm Opener: 8pm (play for 45 minutes) 30 minute changeover Avetts on-stage: 9:15 - 10:45 These are guidelines that we request. please advance the date and solidify the schedule with Dane Honeycutt. 10. SOUND EQUIPMIENT/SPECIFICATIONS See attached pages for technical specifications including, but not limited to, lighting, sound, and merchandise. Puc~•i·><'c:>••\.•l,('t,_,h,,I "'C'"'e"1.1.j'V° • ...; ,,,u.,., !'-C'f'"''IC';·-.llf .Jv -l·o,cks'•''~k"~\'"·' >>C"V '-.I>._ c1r'd i ;,;nd basic"'• ' l1cht1ng~ 1ow·kagP '-' .,, ---- 1 Purchaser: -+_,.""-.d--'r-:/,.....& __.._~~~~_-~ ...._~_-,.,._·--_/_--_-~_- __ b = Date:~ ''" INITIAlot# > • Appalachian State University rn Office of Arts & Cultural Programs Contract Addendum Schaefer Presents Appalachian Summer Festival 2016 Rev.3/21/16 This agreement is hereby made as part of the contract between Appalachian State University d/b/a An Appalachian Summer Festival or Schaefer Presents (hereinafter referred to ~s "PURC-tASER", or as indicate~ on contract), and Tl)e Avett Brother~(heJeinafter referred to as "ARTIST"). \trw. st~ y~ ~,.pf$.ft' FEE & EXPENSES: ARTIST is r y contracted for perform a e and/or services as stated on attached contract. ARTIST also agrees to individual photos and meet & greet with estival guests at Cliscretion. Fee shall be considered all-inclusive of all ARTIST expenses, including personnel, housing, per diem, and travel except as indicated and agreed in writing on attached contract. If housing and/or local ground is provided, all rooms shall be located in Boone, NC, and Purchaser will provide (1) one round-trip airport transfer for ARTIST/group with one vehicle (unless otherwise agreed) to reasonably accommodate group. Note: Closest recommended airports are Charlot e Douglas and Greensboro-High Point, whi£h .¥e both _a_!Jl~ox.imately tw -hours and 100 highway/inter:pteimiles from Boone A -l I ...._ fl ...,...L J..ri ...... -11\J\.. ~ "'\ , f'\(V\ Wet"~{ c:? ~~~ts vw->,- ~ ~~c;;'?'" ~'" .:H'1'-::>\ ,~ ff .... V. ~(1-\· STATE WITHHOLDING: P' R HASER will terl.ier the guaranteed fee to ARTIST Jr Arfut's designated r resentative by Appalachian State Un1vers1t~\._~ check following the performance. Note: Un ve~sity policy generally prohibi~s payment of deposits, and under no circumstance shall payments oe -u-- made in cash. Fees paid to ARTIST and ART ST s representatives doing business outside of the state of North Carolina are generally subject to 4% ~tate withholding. If appropriate document3tion is provided tc PURCHASER at least thirty (30) days prior to providing services, exceptions to withholding may be granted. Agency/management fees (if so designated on contract) and not to exceed 20% of fee, may be exempted from wi~hholding, providing a separate check is i~.sued. For additional information, see http://www.dornc.com/taxes/wh_tax/faq.html#personal CANCELLATION/FORCE MAJEURE: All cancellation provisions agreed to in contract shall be considered mutual for both ARTIST and PURCHASER. In the event that the performance is prevented by act of God, ph·{sical disability; the acts of regulations of public authorities; strike; civil tumult; war. ep,demic; interruption of transportation service or any cause beyond the reasonable control of ?URCHASER or ARTIST; both shall be relieved of obligations with respect to this engagement. In the event of force majeure cancellation, or other cancellation, the N.C. State Treasury prohibits payment for services not rendered. Therefore, all funds pre-paid as a deposit or otherwise must be returned in full within 30 days, and no additional payment to artist can be made. RIJROM5IOR !11"1~ 0 1u1'r agree to reschedule event at a m11tu;iny ;i9•11eabl11 dJte ·vithiA approl TECH RIDER: ARTIST will submit all technical and rider requirements to PURCHASER immediately. Upon any additions or changes to this contract, changes can be made only in writing signed by both parties. ARTIST's production manager will contact PURCHASER's Technical Director no less than thirty (30) days prior to performance to ma~e final production schedule arrangements. Revision$ of technical rider following the execution of contract will not be considered binding. However, PURCHASER will make a good faith effort to meet ARTIST'S needs as budget and other considerations allow. For venue technical specifications, visit http://theholmescenter.com/. IA tile 11· eAt there i9 9t:tppe1t er epeAer, lletll AlilTl&f' ilgl'et: that ill reAtal lilqUijlff'teAt, 19reehietieA !ll"lcl 'eaehliAe wiU be lilitller 5Rarecl 01 p1ovlded, at 110 additieA!ll ee3t to PURCl1°SER MORE TECH & SOUND: Technical crew empl::>yed by PURCHASER shall report to and remain under direct supervision of PURCHASER at all time~. ARTIST shall have control over artistic qualities of performance however, PURCHASER reserves any and all rights to determine the acceptable so1.nd pressure and audio volume levels thruughout the venue for all amplified performances. Without exception, measurable dB sound pressure levels may not exceed an average of 90 dB on any occasion. However, final judgment and decision by PURCHASER's representative shall be cal ed by ear, which shall override all metered date:. When reque:1ted. ARTIST's representative or sound engineer agrees to adjust sound levels immediately and in accordance with notice by PURCHASER's re;>resentative. Failure to do so will be construed as a breach of contract. TAX DOCUMENTATION: Fees paid to ARTIST are only considered confidential insofar as allowed by North Carolina State law. ARTIST agrees to hereby provide a bona fide Federal Tax ID or Social Security number prior to receipt of payment. PURCHASER will issue one 1099 to the contract payee only. Any tax withholding and refund :onsiderations and arrangements between ARTIST and manager or other entity shall be solely ARTIS T's responsibility. INSURANCE: ARTIST 1s considered an indepe1ident contractor and is not an employee of Appalachian State University in any manner whatsoever PURCHASER is self-insured under the auspicE?S of the State of North Carolina University System. At no time will PURCHASER add ARTIST or ARTIST'S employees, agents, and guests as additionally insured as part of the terms of agreement for ARTIST as an independent contractor. MUSIC RIGHTS: PURCHASER'S liability for m~sic and performance rights shall be limited to such r~aterial as covered by current blanket license agreements with ASCAP, SESAC and BMI. MERCHANDISE: PURCHASER will retain 15% l)f gross for any sale of CD's or sound recordings, and 20% of gross for any sale of soft goods relating tc A~TIST. 4R+I~ sells a11d-PllRCl-IASER~en£.ra.14uJ_Q1.ahle..to i;:rovide pers000&1/GRiA8e fd11e fer ertist's mereloieAdi'e sal&s Appalachian State University/The Avett Brothers l';\51 V\ ~ ~ >-e\,\ ~!~'5:( • Total pages: 2 O// Performance Contract Addendum 2016 ~J1" • PROMOTION: Artist will furnish the PURCHASER with photographs, video, audio and/or any pr~· produced publicity materials, i~ sttel! EllliRtit 11' as tf,e Pl::IRGllMER~11 its sele-dim~iel'l l!leeJ1111s l'leee33a19 01 desliable, to advertise the series andior program, without additional payment to the ARTIST or any other entity. PURCHASER mz.y reproduce these publicity materials, including the name, photograph, likeness, and/or biographical material, in whole or in part, of the ARTIST, its agents, employees, and representatives, solely for promotion and publicity purposes for the series and performance and services specified he ·ein without additional payment to the ARTIST or any other entity. PURCHASER reserves the right t:J edit program material, but such editing will not exclude production billing, casting, listing of scenes, listing of music and composers, or acknowledgment of tour. ARTIST warrants and represents th·~Y have obtained full rights for the use of biographic materials, photography, audio/video material, electronic media, etc. supplied to and used by PURCHASER for promotional purposes. ARTIST hereby agrees to allow PURCHASER to take photos and/or video for series/program promotior•al and archival purposes. All photography arid video will be conducted in accordance with ARTIST allowances. Separate photo/video release form is also required for use by University Communlcatlon's Creative Services archives. EXCLUSIVITY: Unless otherwise agreed, ARTIST agrees not to engage in a public appearance for a period of sixty (60) days proceeding and thirty (30) days following the date of this contracted engagement within a 100 mile radius of Boone, North Carolina, and including the markets of Asheville, Charlotte, Greensboro and Winst:m-Salem. NC, and eastern Tennessee. For events beyond this window, PURCHASER appreciates courtesy notification. ARTIST COMP TICKETS: PURCHASER will provide complimentary tickets (as mutually agreed on per contract) for performances in the Holmes Ceriter for use by ARTIST or ARTIST management. 111 the event of a co-bill, ARTISTS shall split complimentary tickets, and ARTIST shall designate the allowable number of tickets from this numter to any support act(s). All tickets will be held in the box office until released by ARTIST or until 6:00 PM on the day of performance after which 1ime they will be available for sale to the public. SPONSORSHIP: PURCHASER events are generally included as part of a subscription series with both individual event and series underwriting. This~ long-standing program support is critical to the ongoing success of the series and helps cefray ticket costs and other expenses. PURCHASER _ reserves the right to secure local series/event sponsorship and may have pre-show announcement,.;stagc:si&Aage, lobby displays, program credit, or other recognition in conjunction with thi5 performance. At no time will ARTIST's name or likeness be used !?r the actual intent ~f enforsing any I product or service, other than the program ''r series in which they are performing. ~ ~ ~~ ~ ~>i.. r'<.f- } TOBACCO & ALCOHOL: As a state institution, Appalachian State University is prohibited from providing tobacco products or alcoholic beverage; to ARTIST. Additionally, all state-owned or controlled facilities, and state-owned vehicles are smoke free. In addition, smoking is prohibited within fifty (50) feet of state facilities, and violators may be subject to fine, expulsion from campus, or other enforcement within the confines of the law As a state institution, Appalachian State Universii:y is prohibited from providing tobacco products or alcoholic beverages to ARTIST. COPYRIGHT, ETC: The ARTIST hereby repres·~nts and warrants that: (a) it has the full right, power and authority to enter into this Agreement and to grant all rights granted herein; (b) it is not under, nor will it be under during the term of this agreement, any disability, restriction or prohibition with respect to the rights to fully perform in accordance with the terms and conditions of this Agreement; (c) the ARTIST'S performance as defined 1n this Agreement will not violate or infringe upon any common law or statutory right of any per~on, firm or corporation including, without limitation, contractual rights, copyrights, and rights of privacy; and (d) there shall be no liens, cla,ms or other interests which may interfere with, impair or be in derogation of the rights gran1ed herein. INDEMNITY: Appalachian State University is a state institution of the University of North Carolina, and as such, is subject to the North Carolina fort Claims Act. Employees of Appalachian State University are unable to sign a contract with an indemnity or "hold harmless" clause, a contract that establishes or designates jurisdiction, or a contact, which selects forums, arbitration means, or settlement methods, or in any way preempts the prerogative reserved for the Attorney Gener.31 for the State of North Carolina. Ail such clauses or provisions in the foregoing contract document are hereby deleted. ARTIST contract and /or other actions shall be governed under the laws of the state of North Carolina. ~ ~ ~ AGREED TO AND ACCEPTED: Appalachian State Universityffhe Avett Brothers Totalpages2 ~ Performance Contract Addendum 2016 .,/?Sf.l'l . •· / •· Nar1e of Counterparty: ''{S V\/ t \V\C. . ' f/~ /o IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.59 As cif the date listed below, the entity listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the entity listed above to make the fore!~Oing statement. L-v Signature~ ~J Date <6/~f / /~ Sc.o-\4- AY~1± 1v1~k< Printed Name Title l