THE MARSHALL TUCKER BAND RIDER Rider to be attached and made part of AofM contract number ________, dated ______________________between THE MARSHALL TUCKER BAND, hereinafter called “ARTIST,” and______________________________________________ hereinafter called “PURCHASER”. The following provisions shall be deemed incorporated in and part of the agreement for the performance of THE MARSHALL TUCKER BAND on _______________________ at _____________________________________________ in ______________________ The purpose of this rider is to guarantee the PURCHASER, the ARTIST, and the audience the best performance situation possible. 1. NO DEVIATIONS OR ELIMINATIONS FROM THIS RIDER SHALL BE MADE WITHOUT PRIOR APPROVAL OF THE ARTIST’S MANAGEMENT. DEVIATIONS OR ELIMINATIONS WILL ONLY DELAY THE SUCCESSFUL EXECUTION OF THIS CONTRACT. 2. ALL TECHNICAL INQUIRIES SHOULD BE DIRECTED TO: DAVID WARREN AT NUMBERS BELOW. 3. ALL PRESS RELATED TO INQUIRES SHOULD BE DIRECTED TO: RON RAINEY MGMT: 310/277-4050 310/557-8421 – FAX 4. STAGE HANDS ARE REQUIRED TO LOAD AND UNLOAD. ****NO STAGEHANDS, NO SHOW**** Personal Management Production Manager RON RAINEY MANAGEMENT, INC. David Warren 315 South Beverly Drive Phone (864) 473-0815 Suite 407 Fax (864) 473-0817 Beverly Hills, CA 90212 Phone (310) 277-4050 Fax (310) 557-8421 Best wishes for a successful engagement! 1 1. BILLING A. Billing in all advertising & publicity is to read “THE MARSHALL TUCKER BAND.” B. ARTIST shall receive 100 percent EXCLUSIVE HEADLINE BILLING in all advertising, marquees, displays, programs, and any and all publicity. Any deviation from this billing is acceptable only with the prior written consent of THE MARSHALL TUCKER BAND. 2. PAYMENTS Purchaser shall make payments as follows: Provided ARTIST is ready, willing, and able to perform, BUYER agrees to compensate ARTIST in accordance with the terms hereof, regardless of inclement weather, Act of God, fire, accident, riot, strike, or any other event similar or dissimilar to the foregoing events which would prevent or interfere with the presentation of the performance hereunder. A. All guaranteed payments shall be made in the form of cash, cashier’s check, or money order. B. Any and all overages shall be in the form of cash. C. A DEPOSIT in the amount of 50 percent (50%) of the ARTIST’S guaranteed engagement fee (exclusive of any percentage of the box receipts) shall be paid by the BUYER to the booking agent concurrent with execution and/or delivery of the contract by the BUYER. Said deposit shall be held in trust by the booking agent and paid to the ARTIST or ARTIST’S representative upon completion of the engagement or upon forfeiture by the BUYER because of any material failure of consideration and/or material breach of contract by the BUYER. D. THE BALANCE of ARTIST’S engagement fee, as well as any and all percentages of box office receipts due ARTIST under this contract, including applicable payments listed under paragraph B-3, shall be paid to the ARTIST or ARTIST’S representative at the time of the engagement prior to ARTIST’S performance. E. Purchaser agrees to pay THE MARSHALL TUCKER BAND Two Hundred Fifty Dollars ($250) for Artist’s supplied monitors in cash prior to performance on the night of the engagement. 1. In states where a taxing authority intends to deduct any portion of (ARTIST) guarantee, it shall be the buyer’s responsibility to pay the amount due in addition to (ARTIST) contracted fee. This additional cost should be treated as a show expense. 2. It is expressly understood that it shall be buyer’s total responsibility to provide any and all necessary liability insurance pertaining to the above described performance. 3. BUYER agrees that ARTIST shall have the right to cancel this agreement without liability upon notice to BUYER 30 days prior to the date of the first performance 2 F. The contract price for this engagement has been negotiated based on information given to the ARTIST through his agent and management by the contracting party whose name appears on the face of the attached contract. This engagement is subject to immediate cancellation and forfeiture of buyer’s deposit at ARTIST’S discretion if the capacity and/or ticket prices increase after the contract is issued unless agreed to in writing by both parties to this contract. G. PAYMENTS FOR UNAUTHORIZED CHANGES: BUYER shall pay to ARTIST’S representative ARTIST’S percentage of box office receipts based on the ticket price and percentage clause stated on the attached contract, even if tickets have been sold at less than the stated contract price. Similarly, if BUYER sells tickets to ARTIST’S performance at a price greater than the stated contractual ticket price, BUYER will pay to ARTIST’S representative One Hundred (100%) percent of the increased amount on each and every ticket sold. (Example: Stated contract ticket price: $8.00 – actual price of ticket sold $10.00; therefore, amount paid to ARTIST, in addition to all other contractual payments, is $2.00 for every ticket sold. In the event that BUYER sells a number of tickets greater than the seating capacity stated on the attached contract, BUYER shall pay to ARTIST’S representative One Hundred (100%) percent of the ticket price for every ticket sold beyond the stated seating capacity. (Example: stated capacity: 1,000; number of tickets sold 1100; ticket price $10.00; amount paid to ARTIST, in addition to other contractual payments is: $1,000.00). In the event the capacity of the venue is reduced for any reason without ARTIST’S prior written consent and all available tickets are sold, ARTIST shall be paid based on the stated capacity on the face of the attached contract. 3. TICKET MANIFEST A. PURCHASER shall supply a ticket manifest showing the number, color, and price of all tickets for the performance upon signing of this contract. All tickets must be consecutively numbered, and in the event of more than one show/performance, the tickets must be contrasting colors for each show. Said ticket manifest must be printed by a bonded printer and must also be notarized. When available, turnstiles will be used on the doors of admittance to ensure an accurate check of the manifest. B. The PURCHASER is liable for any and all counterfeit tickets and under no circumstances will the ARTIST assume a loss on any such tickets. C. PURCHASER shall limit all complimentary tickets to 1% (one percent) of the total manifest. No complimentary tickets will be allowed to guest artists or groups. An appropriate number of Artist’s guests will be allowed backstage if authorized by the ARTIST’S Road Manager. D. COMPLIMENTARY TICKETS for “good” seats or in the case of “no seating,” “best area” in an amount not to exceed twenty six (26) will be provided for ARTIST’S use for each performance. Fifty (50) tickets for any New York City, Los Angeles, or Greenville, S.C., performances. 3 4. PERFORMANCE A. ARTISTIC CONTROL of ARTIST’S performance SHALL BE SOLELY vested in ARTIST with regard to material, accompaniment, wardrobe, lighting, sound, staging, etc. B. THE DURATION of ARTIST’S performance will be approximately 75 minutes unless otherwise agreed in writing, and ARTIST shall be permitted to perform for a greater or lesser duration (not less than 60 minutes nor more than 120 minutes) at the ARTIST’S option without interference of any kind from BUYER or anyone representing BUYER. Under no condition(s) will a situation be permitted by the BUYER whereby a supporting act’s length of performance, local curfew, building policy, etc., would cause the ARTIST to have to cut or alter ARTIST’S show. C. NO SUPPORTING ACT, announcer, master of ceremonies, compere, performing artist or group(s) of artists shall appear or perform as part of the engagement without prior approval of ARTIST. Please advance with David Warren for approval at numbers listed on the first page. D. It is hereby understood and agreed that the supporting act should be a comic or solo acoustic Artist. However, under no conditions shall supporting act consist of more than four (4) musicians. Groups containing keyboards and/or drum kits containing more than one bass drum are unacceptable because of stage and time considerations. Furthermore, no supporting act shall be permitted to use any smoke and/or fog generating devices of any kind during this engagement. Also, on stage access during supporting act’s performance is strictly limited to supporting act’s band members and its crew. No photographers, cameramen, etc., will be permitted on stage. E. The number of supporting acts is limited to one (1) unless otherwise agreed to by ARTIST. F. Under no circumstances will the supporting act(s) be able to us ANY of The Marshall Tucker Band stage equipment: MTB monitor, console, and EQ’s. 5. ANCILLARY RIGHTS A. During the performance, vending is not permitted in the audience. PURCHASER expressly agrees to make the building concession’s manager aware of this requirement. B. The PURCHASER will make arrangements for all lights not specifically required by local safety ordinances to be turned off during performance. This especially applies to clocks, scoreboards, advertising billboards, and concession lights in the hall. All doorways to lighted hallways will be curtained. 4 C. The PURCHASER agrees that he will not commit ARTIST or any member thereof to any personal appearances, interviews, or any type of promotional appearance without first obtaining artist’s permission through Ron Rainey at 310/277-4050. D. No portion of the engagement, including without limitation the performance of the ARTIST, or any activity of the PURCHASER or their respective employees, undertaken in connection herewith, may be recorded on film, video tape or otherwise, or may be reproduced photographically or by any sight or sound device by the PURCHASER, or any other person.