RICK ROSS PERFORMANCE RIDER REQUIREMENTS

Transcription

1 Rev. 5/21/10 RICK ROSS PERFORMANCE RIDER REQUIREMENTS RIDER AGREEMENT made part of the artist contract on this Between Rick Ross (Maybach Music Group) (hereinafter referred to as Artist ) and (hereinafter referred to as PURCHASER ) ANY ADJUSTMENTS TO THIS RIDER AND CONTRACT CAN BE AUTHORIZED ONLY BY ARTIST MANAGEMENT. AIR TRANSPORTATION: PURCHASER (where applicable) shall provide 8 round-trip, NON-RESTRICTED AIRFARES (2 first class/ 6 coach). Travel shall be booked through Specialty Travel Services only *No Exceptions* GROUND TRANSPORTATION: PURCHASER, at its sole cost and expense, shall provide first class ground transportation according to requirements specified by (including, without limitation, two (15-18) PASSENGER VAN OR CONVERSION VAN WITH (2) LICENSED CHAUFFEUR FROM A REPUTABLE LIMOUSINE COMPANY (with tinted windows) NO LIMOSUINES OR STRETCH LIMOSUINES UNDER ANY CIRCUMSTANCE. This transportation is to be available during the necessary course of the engagement, including airport arrivals and departures, and for trips between Artist s hotel and the venue. PURCHASER shall also provide ground transportation at PURCHASER s sole cost and expense for Artist s and Artist s entourage s luggage. Artist management must be able to verify transportation information DIRECTLY WITH THE LIMOUSINE/RENTAL COMPANY. Upon Purchase of vehicle, PURCHASER must supply confirmation that vehicle is insured. Must supply a copy of the insurance to ARTIST MANAGEMENT. Vehicles shall be provided with an accessible parking space at venue. AT NO TIME SHALL ARTIST BE WITHOUT GROUND TRANSPORTATION OR A DRIVER. An additional One Hundred ($100.00) dollars must be given to Artist s Management upon his arrival into city to guarantee transportation to airport on the day of departure. If Limousine Company shows up to take group to airport then One Hundred ($100.00) dollars will be returned to PURCHASER immediately. NOTE: NO ONE is to be with driver in Artist vehicles. Vehicles are for the sole use of the Artist, Artist staff and guests of Artist. DRESSING ROOM: PURCHASER shall provide Artist and Staff (at no cost to Artist) with ONE (1) clean, large, comfortable dressing room with lockable doors for the sole use of Artist and Staff. Each room must be large enough to accommodate ten (10) people. Dressing rooms should be separate from the general public, well lighted, heated, or air-conditioned whichever the weather dictates and have bathroom facilities within dressing room or in close proximity. Dressing rooms is for the exclusive use of Artist and Artist s Staff only. This room should not be entered at anytime, without he permission of the Artist or Artist s Management. DRESSING ROOMS SHOULD HAVE AT LEAST ONE (20) TWENTY CLEAN HAND TOWELS. The following items shall be supplied by PURCHASER for Artist and their production It is PURCHASER s responsibility to see that the local catering company complies with Artist s Management s requests to the best of its ability. Please provide all necessary utensils (e.g., plates, bowls, forks, knives, spoons, napkins, hot and cold cups) and condiments (e.g., salt, pepper, butter, sugar, lemon, honey, Tabasco sauce, ketchup. Refreshments & Meals: PURCHASER shall provide Artist and Artist s Staff only with the following meals and refreshments, which are at no cost to Artist or Staff. (NOTE: all refreshments MUST be at hotel and dressing room before artist arrival-no EXCEPTIONS) 1. 2 Bottles (1.75 Liters) of Perrier Jouet Roset an 3 bottles of Moet Rose (**upon arrival in hotel suite**)

2 2. 2 Bottles of Ciroc 3. 2 Bottle Patron 4. 2 Bottles of HENNESSY (Liters) (2 liter) bottles of COKE. 6. (12) Bottles of EVIAN / DASANI SPRING WATER. 7. (1) CHICKEN DRUMLET PLATE 8. ALL necessary utensils, cups, ice & napkins 9. (20) FRESH WHITE TOWELS 10. DINNER/LUNCH AT RESTAURANT OF ARTIST S CHOICE TECHNICAL PROVISIONS: PURCHASER shall provide PROFESSIONAL sound & lighting to include the following, at NO COST to Artist: 1.!hree (3) cordless mics with stands 2. Four (4) stage monitors 3. 2 Pioneer CDJ-1000 MKII or MK3 4. Pioneer Mixer or Rane Serato Mixer

3 Rev. 5/21/10 SECURITY PROVISIONS: PURCHASER shall provide sufficient security that is comparable to the capacity of the Venue. There must be at least six (6) security persons to secure stage area. PURCHASER shall be responsible for any theft or damage to equipment of Artist that may occur during the time of the event that the equipment is located on PURCHASER s hired premises. 3 (3) security persons should be provided specifically for CREW at Venue. 1. PURCHASER shall provide and pay for experienced, able-bodied security personnel to ensure the safety of, Artist and personnel, vehicles, instruments, equipment and personal property from the time of their arrival at the venue until their final departure from the Venue and throughout the duration of their stay in the market. (in addition to any specific requirements set forth in the Contract). 2. PURCHASER shall indemnify Artist and staff against, and hold them harmless from any and all losses and damages suffered from the failure to provide adequate security. 3. The number and deployment of security personnel shall be determined by the Artist s Management. 4. All security personnel shall be within the venue and available for a briefing meeting one (1) hour before doors open. 5. Security personnel must be appropriately dressed and readily identifiable. 6. No uniformed security, such as police are to be in or near the areas of the stage, mixing consoles, backstage, and dressing rooms. 7. Artist Management will not tolerate or condone any excessive use of force by security personnel. 8. Only authorized working personnel will be allowed in the stage area. 9. Security shall keep all unauthorized persons off the stage, and shall prevent audience members from climbing on the stage or tampering with Artist s Management s equipment. 10. The backstage area must be separated from public areas by doors, gates, fences, or other means sufficient to ensure the safety of Artist s Management, Artist and their personnel and equipment. 11. There will be no backstage guests except by authorized by Artist s Management. 12. Dressing rooms shall have lockable doors with keys provided to Artist Management. 13. Dressing room security shall prohibit all unauthorized persons from entering the area. 14. Said security shall be in place from first arrival of Artist and personnel until all such equipment and personnel have vacated the dressing rooms. 15. Access from dressing rooms to stage should be available without entering audience areas. 16. Artist s Management will provide and issue all passes and credentials required for authorized personnel. No other passes are acceptable or will be honored. Guests with valid passes will be allowed in backstage or hospitality areas only with the consent of Artist Management. 17. It is PURCHASER s sole responsibility to ensure that it is safe for Artist to perform. If missiles, such as cans, bottles, explosive fireworks or other objects should hit the stage before or during the performance, and in Artist s Management s opinion, such missiles endanger the persons or property thereon, Artist may refuse to perform, or leave the stage, and PURCHASER shall not be relieved of its obligation hereunder and shall still be liable for the full amounts due under the Contract and hereunder. 18. When conducting bottle, can, camera, weapon and recording device search at venue entrances, security should confiscate any such unauthorized items. Persons carrying any signs or banners must Be instructed to return them to their vehicles, as these items block the view of other patrons, and their display during Artist s performance must be prevented. Any signs or banners observed inside the venue should be confiscated. 19. When requested, PURCHASER shall arrange in advance for two (2) Police / Sheriff / Highway Patrol vehicles to escort Artist s vehicles during a quick exit from the venue to the main highway immediately after the show. Escort vehicles should be in place at least thirty (30) minutes prior to the end of the performance. Drivers of the escort vehicles should provide a map of the route to be taken, and whenever possible do a run-through of the exit route with the Artist s drivers and / or Artist s Tour Manager. Artist s vehicles will include a combination of limousines, vans and / or buses.

4 20. Based upon a large body of case law and legislative law, PURCHASER is hereby advised that Artist s Management will be relying upon the fast delivery of all messages, letters, gifts, etc. this point particularly addresses those messages which may be threatening, bizarre or in some way inappropriate. PURCHASER shall provide these to Artist s Management in a timely fashion, and Artist s Management will be relying upon the expectation that PURCHASER will do so in such a manner. 21. If venue does not utilize metal detectors at all public entrances, PURCHASER is to notify Artist s Management no later than 21 days prior to show. PERFORMANCE IN THE ROUND: Artist will not perform In The Round unless specified on the face of the Contract. PHYSICIAN: PURCHASER shall provide, as needed the services of a medical doctor for consultation with and treatment of Artist s Management, Artist, and Artist s personnel during their stay in the city of the performance. ELEMENTS NOT SPECIFIED: All decisions regarding box office, ticket procedure, promotion, performance requirements, security, technical requirements and any other areas not specifically referred to herein shall be subject to Artist s Management s prior written approval. OTHER ARTIST S MUSIC: No music recorded by any other attraction shall be used at the venue without the prior written consent of Artist s Management. COMPLIMENTARY TICKETS: PURCHASER shall provide Artist with thirty (30) free tickets OR where there are no tickets, twenty (20) entries on the guest list. MERCHANDISING: ARTIST shall have the option to sell albums, tapes, CD s, DVD s, videotapes, and any other merchandising material at the performance and shall retain all proceeds of such sales. ADVERTISEMENT: PURCHASER shall place the correct performance information in all radio, TV, and print advertisement. If Artist is booked to host an event, PURCHASER cannot/may not advertise that Artist is performing. No advertising may be issued prior to (a) Artist s Management s receipt of the first half of the total compensation stated in the Contract, (b) PURCHASER s receipt of the Contract signed by Artist s Management and (c) Artist s Management s prior written approval of all print, radio or other advertisement. If PURCHASER advertises prior to receipt of a signed Contract, PURCHASER shall nonetheless be deemed to have entered into same and be bound by all the terms and conditions of the Contract and this Rider 1. PURCHASER warrants that in any and all commercial print, radio and television advertising, PURCHASER will use authorized materials furnished by. Any other forms of advertising, including multi-artist advertisements, must be pre-approved in writing by Artist s Management. 2. For Artist s publicity, biographies, and any inquiries from the press, etc., PURCHASER should contact Pucci at guccipucci1@gmail.com. PURCHASER shall not commit Artist to any personal appearances, interviews, or any other type of promotion or publicity without the prior written

5 Rev. 5/21/10 approval of Artist s Management. No press releases are to be issued without Artist s Management s prior written consent. 3. Except as set forth above, PURCHASER shall not represent nor permit A representation to be made that the engagement is co-promoted or co-sponsored by any third party or by any commercial product or service (INCLUDING WITHOUT LIMITATION ANY NEWSPAPER OR RADIO OR TELEVISION STATION), nor shall there be any sign, banner or material, advertising any commercial product or company, by or near the stage at any time while the audience is in the building, nor shall any such advertising appear on tickets, flyers, handbills or posters. 4. Subject to the provisions, PURCHASER agrees to advertise and promote the performance in advance so as to maximize ticket sales. However, PURCHASER shall use its best efforts to cancel advertising when the show is sold out. The advertising budget shall be subject to Artist s Management s prior written approval. LENGTH OF PERFORMANCE: Artist s performance hereunder shall be 45 minutes in length, and appearances shall be 30 minutes in length not including encores unless stated otherwise in the Contract. PURCHASER shall assure that the performance will not be interrupted by local curfew, building policies or any similar cause. Any delays of the show (whether caused by a supporting act s length of performance, late performance, or for any other reason) shall be remedied in the first portion of the program so as not to affect the Artist s full performance time. Artist s Management reserves the right to require PURCHASER to alter the set length of any other act on the program to accommodate Artist s full performance time. It shall be PURCHASER s sole responsibility to inform all other acts on the program that this is a condition of their performance. Under no circumstances will Artist be required to take the stage if the time remaining until curfew is less than three hours, but if the remaining time is under three hours and Artist is ready but not required to perform as aforesaid, full payment of the fee will be due to Artist s Management as liquidated damages. PURCHASER warrants and represents that all authorities, including, but not limited to, Hall Manager, Police Chief and Union Representatives, are aware of the planned finishing time of the engagement and that any negotiations with regard to overtime to be paid due to the finishing time shall have been completed before the performance commences. PERFORMANCE REPRODUCTION, TRANSCRIPTION, TRANSMISSION, PROHIBITED: PURCHASER will not authorize or permit any recording, broadcast or other reproduction, audio and / or visual, of any part of this engagement (herein reproduce ). Without limiting the foregoing, THERE SHALL BE NO STILL CINEMA, TELEVISION, VIDEO OR OTHER CAMERAS OR REPRODUCTION DEVICES IN THE VENUE DURING THE PERFORMANCE HEREUNDER, EXCEPT THOSE AUTHORIZED IN WRITING HEREUNDER BY ARTIST S MANAGEMENT AND IN NO EVENT SHALL THERE BE FLASH PICTURES. PURCHASER SHALL POST PROMINENT SIGNS, IN FULL VIEW OF THE AUDIENCE AS THEY ENTER INTO THE HALL OR ARENA, FULLY INFORMING THEM THAT NO CASSETTE OR RECORDING EQUIPMENT, VISUAL OR AUDIO EQUIPMENT, WILL BE ALLOWED IN THE ARENA. ALL TAPES AND FILM WILL BE REMOVED FROM MACHINES AND DESTROYED. ***NO EXCEPTIONS*** Artist s Management reserves the right to delay or terminate Artist s performance if any unauthorized recording or reproduction devices are discovered prior to commencement or while the show is in progress, which termination or delay shall not be a breach and shall not relieve PURCHASER of any obligations here under. Artist s Management reserves the sole and exclusive right to record all or Any portion of Artist s performance, audio and / or visual, and PURCHASER hereby grants Artist s Management the right (but not the obligation) to utilize the name of the PURCHASER and / or the facility in connection therewith without compensation. PURCHASER represents and warrants it has obtained said rights from the facility and shall supply Artist s Management with evidence of same upon request; however, Artist s Management s failure to request review of said evidence shall not waive any of PURCHASER s obligations or Artist s Management s rights in this regard.

6 DEFAULT BY PURCHASER If PURCHASER breaches any of its obligationshereunder or in the Contract, which include, without limitation, PURCHASER s refusal or neglect to: provide any of the items required of PURCHASER hereunder;timely make any of the payments referred to herein; furnish the type, size and quality of public address system be otherwise than in perfect working condition; and/or perform any obligations of Purchases in connection with the engagement, then in any of such events and in addition to any of Artist s Management s other rights or remedies, Artist s Management may elect to terminate the Contract and/or any other agreements with PURCHASER in respect of other engagements to be performed by Artist, without liability. In such event, Artist s Management shall retain all amounts theretofore paid to Artist s Management by PURCHASER as a partial offset against amounts owed, and PURCHASER shall remain liable to Artist s Management for the full fee herein provided and in the Contract (and provided in any other agreements with Artist s Management) and any amount otherwise payable as a matter of law. If the Artist has to cancel the engagement, the deposit only will be refunded. FORCE MAJEURE Subject to the provisions of the Contract, Artist s Management shall be excused from its obligations hereunder in the event of Artist s sickness or accident, or if Artist s performance is rendered impossible or commercially impractical by reason of a force majeure event, including, without limitation, any act or regulation of any public authority or bureau, civil turmult, strike, epidemic, interruption in or delay of transportation service, fuel shortage or rationing, war conditions or emergencies, or any other cause or causes beyond the control of Artist s Management, whether of a similar or dissimilar nature. However, if Artist s Management is ready, willing and able to perform hereunder, no force majeure or other event shall relieve PURCHASER of its obligations under this agreement or the Contract, including PURCHASER s obligation to pay the total compensation. TERMINATION Artist Management may terminate this agreement without liability if: 1. Artist, the sound engineer or lighting director contracted for the performance shall die, become ill or incapacitated for any reason; or 2. In Artist s Management s judgment, the performance may directly or indirectly expose Artist, or any member of Artist s group, any employee of PURCHASER or of any company contracted by Artist s Management or PURCHASER, or any portion of the audience, to danger of death or injury or civil strife of any kind; or by reason of any threat or outbreak of violence; or 3. Performance of any of Artist s Management s obligations shall expose Artist or any member of Artist s group, or Artist s Management s, or PURCHASER s employees, agents or independent contractors, to civil or criminal proceedings of any kind. 4. Breach by PURCHASER of any of PURCHASER s obligations hereunder or under the Contract. If this agreement is terminated by Artist s Management for any of the aforesaid reasons, then Artist s Management s and Artist s obligations shall be deemed waived without liability, PURCHASER shall have no claim for damages and Artist s Management shall retain all amounts theretofore paid to Artist s Management and PURCHASER shall not be relieved of its obligations under this agreement or the Contract, including PURCHASER s obligation to pay the total compensation. EXECUTION OF AGREEMENT: Artist s Management shall not be bound to perform any obligations on its part unless and until PURCHASER has paid the applicable deposit in the form of bank wire transfer as stated on Artist Contract. If this agreement is signed, but unaccompanied by appropriate payment, or if the Contract is returned without the Rider attached, or if the Contract or Rider is unsigned or altered in any way without the prior written consent of Artist s Management, Artist s Management and Artist shall be relieved of their obligation to perform without liability and this agreement and the Contract shall, at Artist s Management s election, nonethelessbe binding upon PURCHASER as if the Contract and Rider had been executed without change, and Artist s Management shall be entitled to require PURCHASER to perform same or to treat PURCHASER as being in default and pursue all remedies available to Artist s Management under paragraph above.

7 Rev. 5/21/10 CANCELLATION: Except as provided to the contrary in the Contract, PURCHASER agrees that, at Artist s Management s discretion, Artist s Management may postpone and/or cancel the engagement hereunder by giving PURCHASER written notice thereof at least thirty (30) days prior to the commencement date of the engagement and in this event Artist s Management shall be released of all liability hereunder. INCLEMENT WEATHER: Notwithstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence, and PURCHASER shall remain liable for payment of the full Contract price even if the performance(s) called for herein are prevented by such weather conditions. Artist s Management shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe. INDEMNIFICATION: PURCHASER hereby agrees to indemnify and hold harmless Artist s Management and Artist, and any of their respective parents, officers, directors, affiliates, subsidiaries, employees, representative and assigns from and against any claims, costs, damages, liabilities and judgments arising out of or connected with any claim which is inconsistent with any of the warranties, representations, agreements, covenants and/or obligations of PURCHASER hereunder and/or under the Contract, or otherwise in connection with the engagement, including, without limitation, any claim for personal injury or property damage or otherwise. Without limiting the foregoing, except as otherwise herein specifically provided, PURCHASER hereby assumes full liability and responsibility for the payment of any and all costs, expenses, charges, claims, losses, liabilities and damages related to or based upon the presentation or production of the show(s) in which Artist is to appear hereunder. INSURANCE: PURCHASER shall maintain insurance (as follows, and will provide Artist s Management, at least three (3) weeks prior to the performance, with a certificate of insurance evidencing same: 1. Comprehensive general liability insurance in the amount required by the venue but in no event with a limit of less than two million ($2,000,000) dollars per occurrence- Combined single limit for bodily injury and property damage; and 2. Said insurance coverage shall be in full force and effect at all times Artist, or any of Artist s Management s agents, employees or independent contractors are at the venue/concert hall. Artist s Management and Artist, shall be added to said policies as additional named insured, and this shall be indicated on the aforesaid certificate of insurance. Artist s Management s failure to request or review the insurance certificate shall not affect Artist s Management s rights or PURCHASER s obligations hereunder. DAMAGE BY OTHER: Artist s Management shall not be responsible for damage or injury to any patrons or the facility, or any fixtures or personal property therein, caused by fans or any others not a part of Artist s road crew. PURCHASER shall indemnify and hold Artist s Management and Artist harmless from any claims concerning the foregoing and no claim, deduction or offset shall be made by PURCHASER in respect of same. PERMITS, ETC: PURCHASER shall, at PURCHASER s expense, obtain all necessary permits, licenses or other consent (including, without limitation, public performance licenses) as may be necessary or desirable and shall indemnify Artist s Management and Artist in respect of same as provided in paragraph V.G above. THIRD-PARTY AGREEMENTS: No provision contained in any concert hall lease or other agreements between PURCHASER and any third party which is inconsistent with any provision of this rider shall be binding on Artist s Management, unless Artist s Management consents in writing thereto. PURCHASER represents and warrants PURCHASER is unaware of any such inconsistency.

8 PURCHASER S CAPACITY: PURCHASER represents and warrants the PURCHASER has the right, power and authority to enter into and fully perform this contract and is of legal age. LIQUIDATED DAMAGES: The parties acknowledge and agree that a breach by the PURCHASER shall cause Artist s Management and Artist to incur substantial damages, the extent of which is extremely difficult and impracticable to ascertain at this time; such difficulty is a result of, in part, Artist s stature in the entertainment industry, and of, in part, Artist s schedule, which schedule provides a limited period of time for Artist to render a public performance in the city or areas described in the Contract during the applicable annual period. Accordingly, the parties agree the provisions of this agreement and the Contract concerning liquidated damages reasonably reflect the extent of such damages and shall be retained by and/or be payable to Artist s Management, as set forth herein. Without limiting the generality of any provision above, if the engagement hereunder cannot be performed due to an act by any government authority or any court, the Artist shall have the right, in addition to any other rights or remedies available to Artist, to retain the sums deposited by PURCHASER pursuant to the provisions of this agreement. PROHIBITED REBATES PURCHASER hereby acknowledges that it shall not receive, directly or indirectly, any payments, rebates, volume or other discounts or consideration of any kind from any third party in connection with or related, directly or indirectly, to the performance (hereinafter rebates ) including, but not limited to, any payments tied to, related to or calculated by ticket sales for the performance, unless the foregoing is expressly disclosed to Artist s Management in advance in writing and approved by Artist s Management in advance in writing. Without limiting the foregoing in any way, PURCHASER shall not receive, directly or indirectly, any rebates, consideration or like payments tied to, calculated on or related to ticket commissions, venue rent, insurance premiums or any other Direct Hall Expenses without prior express written disclosure to and approval by Artist s Management in advance in writing. If PURCHASER does receive any rebates or any other payments described herein above, Artist s Management shall be entitled to the entire benefit thereof and PURCHASER shall promptly pay the same to Artist s Management in addition to the full compensation for the performance otherwise due to Artist s Management. In no event will PURCHASER solicit or accept a rebate, which would violate any law, ordinance, regulation or other legal requirement. NOTICES, APPROVAL, ETC: All material required to be delivered to Artist s Management (other than those required on the dated of the performance) shall be delivered to the attention: Pucci. All approvals of Artist s Management hereunder and any waiver or change of any provision hereof must be in writing and shall only be binding on Artist s Management if signed by Artist s Management. MISCELLANEOUS: This agreement is entire, and all negotiations and understandings are merged hereunder. All approvals or consents of Artist s Management hereunder may be withheld without cause. This agreement cannot be modified except by an instrument in writing, executed by both PURCHASER and Artist s Management. A waiver of a breach by either party in any one instance shall not constitute a waiver of any subsequent breach, whether or not similar. This contract may not be assigned by PURCHASER without the prior written approval of Artist s Management, and may only be assigned by Artist s Management to Artist or an entity entitled to Artist s services as herein provided. This agreement is not intended for the benefit of any third party. Should any provisions hereof be held invalid or unenforceable, same shall be severable from and shall not affect any other provision. All remedies for breach of this agreement shall be cumulative, and the exercise of anyone shall not be deemed a waiver of any other. The section and paragraph headings herein are for convenience only and are not to be utilized in construction or interpretation of this agreement. In the event of litigation concerning this agreement, the prevailing party shall be entitled to recover reasonable attorney s fees. Time is of the essence in the payment of all deposits, guarantees and other monies required hereunder.

9 This agreement shall be interpreted in accordance with the laws of the State of New York and the courts located in the county of New York in said State shall have sole and exclusive jurisdiction over any dispute hereunder. PURCHASER hereby submits to jurisdiction of said courts and agrees services of process may be effected by mailing of a copy of the summons and complaint, via first class mail (certified, return receipt requested, in the U.S. ), to PURCHASER at the address on the Contract. PAYMENT INFORMATION: PURCHASER shall pay the full amount of deposit upon the signing of this agreement. The remaining balance(s) shall be paid buy due date listed in payment section of the contract. IF FOR ANY REASON PURCHASER HAS TO RESCHEDULE HIS SHOW DATE, THE DEPOSIT WILL NOT BE RETURNED. A NEW CONTRACT WILL BE DRAWN FOR THE RESCHEDULED DATE. ***NO EXCEPTIONS*** X (PURCHASER) X (ARTIST AUTHORIZED REP) Additional Information: Artist Management Initials: