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The Avett Brothers 100% HEADLINE '' '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: $0 00 US deposit to f'.;ew Frontier Touring payable by check O' elec:ron1c transfer (conlact NFT contract dept) only. due by: :Any ta<es are to be d~d~c:ed from balance owed to artist, ,..,... ~ ..... ,.. ,...,... ,...,,.,..'I \ Signed contracts and riders dee by Aprill, 0:15 The balance of the guarantee srall be paid to Art1sr s representative imrne•:Jiate1:1 after the performance via-casll-.-ser@&G~'& check or company chec~. CONTRACT#: 112659 Artist's company check should be mace payable to YSW. Ire. FINALS: Return final report within 48 hours airer the date of performance. It is expressly understood by the Purchaser(s} anc' the Artist who are party to tris contract that ne1tner New Frontier Touring nor its officers nor its employees are parties to this contract in any capa ::ity ana that neit.1er New Frontier Tounng ncr its otf!cers 1or its employees are liable for the performance breach of any provisions contained /-.ere1n. This contract shall not be binding unless sig.~ed by all parties here10. Should any Rider, Addendum and/or Expense sheet be anMxed to this Agreement it'they shall also cons/olute a part of thit· agreement. and shall be signed oy all parties to this contract .. IN WITNESS WHEREOF, the parti11s have execut~d this Agr11eme1t en th& date first above written YSW, Inc. Appalachian State University 01-0768773 Hank F em an ( __ / ~--r.__.- __ .... - x X ,.-/'-r / ~ <a::--- New Fr:intier Touring 150 .$'"'~-;>- Oflice of Ans & Cul r rograms PO Box 32045 Nashville. TN 37212 Boone. NC. 286C8 (615) 321-6152 Fax. (615)-78~··0974 828-262-6-)84 x 101 Fax: 828·262-2848 CONTACT. ~II ~~~~:s~n 8f=3n69 - q. ~ S' k,, b All pages must b(< ininai€·d t:>y Arti3t. ~ ""It. - 0 ~ IL Please allo,v at tea:;t twc weefl.:: for d1Ed•, ~ 'OLess1nq tollow1 1 1g C·Y1'.ract return A~ Purer ~~ '. 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<o and any and all types of merchandise including. but not limited to. articles of clothing (i.e .. T-shirts, hats, etc.) Poster>. .'>tick.:rs. etc .. on the premises of the place( s) of perfomianc.: without a:1y participation in the proceeds by PURCHASER subject however to concessionaire's requirements, if any . .\. 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, :<hat~+wlin<m~•u~~~~~l-tl:l-ART!ST byl?URCHAS.ER..-andPURCHASE.R-~~~w .-\RT~s:r-fur~gr;:~d-pr~~~~l-furtl:i, In ;iddition. if. on or before the d;,ite of any s~heduled perfomiance. Pl.IRCHASER ha' failed. negk.:ted, or n:-fused tr perform any contract \vith any other performer for any other engagement, or if the financial st:mding or credi: of PLRCHASER fails or rduses to make sJch payment forthwith, ARTIST shall have the right to cancel this <.:ngagcmcnt by not1ce to PURCHASER to that effect, ..an<l to rc~.1inany..arn~l:lci:;;1of-0ro-p;,iid-w ,ARTlS:r by PURCl·IASERam!-P-LRGHAS.ER.i;h:dl-rem:iin.Jiabk to .<\RT!ST fo.r:thcagn:cd.p.1·icl'hcrci..'l-se~forth. 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<!nt to ARTIST, or 1f a performance is prevented, nmdcred impossible or infeasible by any act or n:gulation of any public auth:irity or bureau. civil tumult. strike, epidemic, interruption or delay of transportation -;crvices, war conditions, or emergencie5 or any other similar or dissimilar cau'e beyond th·~ control of Pt.:RCHASER. it is und..:rstood and agreed that there shall he no daim for damages hy PURCHASER and ARTIST'S obligations as to suL:h performance.-; shall he deemed wai\ ed. In t™: cvellt-~-O~ftoonanc.i for <my.~~~ reasons st<11:ed-in lhl;;.pru:agraph, if.A.RTIS-1'.-is.-re.'\G;z,..will~ng..aOO- abJ;:..10 perfonr.,. P.L:RCHASER. i;hatl-pa.y-lh~ul~pcn&ation hcrwnderr-Olherw~tlle m-0n~~ {.j.f. .;in;+~toARTIST here;.:noor,.-shall-be-n:turncd.0n.a-prn-r<l4.ha.•is. Pie'1se see Purch6\sa's Adder.dtJrn 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-<lil. '. 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<raocm.:nt hcrcunder without liability by giving the PURCHASER notice thm:0f ;t l.:ast thihy (JOJ days.prior to the co~encement date of the engagement hereunder.
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