"Concert Rider Contract Minor"
MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER This Standard Rider is an essential part of the Agreement dated _______, ___, 2009 between MILWAUKEE WORLD FESTIVAL, INC., (hereinafter “MWF”), and __________________________________, (hereinafter individually, or collectively referred to as “Artist"). A. MWF is a Wisconsin nonprofit (501 (c) (3)) corporation, organized to fulfill certain community obligations, and to fulfill educational, charitable, and recreational purposes; B. MWF produces an annual event known as "Summerfest”™ at the Henry M. Maier Festival Park, a 75 acre site along the shores of Lake Michigan, in Milwaukee, Wisconsin (the "Site"); C. Summerfest is “The World’s Largest Music Festival”™ and presents music on ten (10) outdoor stages, and the 23,000 seat Marcus Amphitheatre; and; D. This Standard Rider covers various aspects of performance(s) at Summerfest 2009, as specified below: 1. CONTROL OF PRODUCTION. a. Performance. MWF has the right to specify the area of the Site where performances are presented, as well as the time of performance and other general directions. MWF reserves the right to change performance locations, subsequent to execution of the Agreement and this Standard Rider, in order to address crowd control issues. MWF recognizes that the details and manner of performance are under the control of Artist or, in instances where a group is involved, the designated leader of Artist (hereinafter "Leader"). MWF shall have the right, however, to direct Artist to discontinue any activity constituting violation of a state statue, applicable ordinances or directions of lawful authority or any rule or regulation established by MWF. b. Performance Time. Anticipated starting times specified in the Agreement (which may be subject to minor modifications because of unanticipated occurrences), are of the essence and hence Artist is required to be at the place of performance a sufficient period of time prior to the scheduled time of commencement, so as to permit timely production. c. Sound Requirements. Based upon its extended experience in outdoor show production, MWF has made arrangements for proper sound production, at the Site stages, and will not permit the use of any substitutes or superimposed additional sound equipment absent specific written agreement by festival, and then only at the expense of the artist. For specific Audio Specifications, please see “Attachment 1”. 2. PAYMENT AND TAXES. In addition to the compensation/payment provisions of the Agreement, the parties further agree as follows: a. Security for Payment. MWF shall not be required to post Bond to secure payment to the Artist. b. Payments to Third Parties. Any requirements that MWF comply with terms, provisions or directions of any agreements, indentures, declarations of trust, etc., shall only be binding if the specific terms of the same are made known to MWF in advance of contract execution, and MWF agrees to the same in writing. c. Tax Information. Artist agrees to supply MWF with all information required by state and federal tax laws including, but not limited to, the following: stage or professional name, 1 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER true name, business address, telephone number, and social security number/Federal identification number. Artist and MWF will comply with the terms of applicable laws and the regulations. Artist agrees to verify the accuracy of information provided herein or supply current information at the time of performance hereunder upon request by MWF. Additionally, Artist agrees to provide MWF with IRS Form(s) W-8BEN, prior to performance, at Summerfest 2009, for any foreign persons performing with Artist. Artist fees greater than $3200.00 are subject to Wisconsin’s Non-Resident Entertainers Tax of 6% of total fee. 3. FORCE MAJEURE. In the event the United States enters into war or experiences further terrorist attacks within North America, or in the event the federal, state or municipal authorities declare a civil emergency, or in case of an act of God, fire, accident, riot, strike or any events of any kind or character whatsoever, whether similar or dissimilar to the foregoing events, which would prevent or interfere with the presentation of Summerfest, then MWF shall have the right, at MWF’s sole discretion, to (a) rescind this offer without further obligation to the Artist or (b) re-negotiate the financial terms contained herein. 4. INCLEMENT WEATHER. Notwithstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence, unless resulting in a declaration of civil emergency as referenced in Paragraph 3. MWF shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous, or unsafe. 5. REPRODUCTION OF PERFORMANCE. Artist hereby authorizes MWF to do the following in connection with their performance: a. Summerfest.com Media Player. MWF may stream, podcast, and/or broadcast their names, licensees, images, interviews, schedules, write-ups, or performance(s) solely on a promotional basis only, unless otherwise agreed to by Artist and MWF, through Summerfest.com, within 12 months of the date of performance. b. Radio. Radio stations(s) (either in connection with a radio syndicate or through a radio station group or individual station) or TV Network, may broadcast their names, licensees, images, interviews, schedules, write-ups, or performance(s) solely on a promotional basis only, provided that any Radio/TV broadcasts will occur within 12 months of the date of performance. c. Further Agreement. No failure on the part of Artist (or Artist’s label) to reach agreement in connection with the above, or to grant any such rights, shall be considered to be a breach of this agreement by Artist. d. CD and MP3 Formats. Artist hereby agrees to license live set recordings from their performance, provided however that: (i) All terms and conditions between Artist and MWF and/or MWF’s licensees will be negotiated in good faith and subject to a separate agreement. (ii) Artist hereby agrees to a reasonably cooperate, and securing of any necessary third party consents that maybe required in connection therewith, should any party request that Artist do so. 2 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER (iii) No failure on the part of Artist (or Artist’s label) to reach agreement in connection therewith or to grant any such rights shall be considered to be a breach of this agreement by Artist. (iv) All other terms and conditions will be negotiated in good faith and subject to a separate agreement. e. Film and Video Production. Wisconsin statutes, effective January 1, 2008, provide for tax credits related to film production company investment and film production services in the State of Wisconsin. Music Video and Concert Film production may qualify for these credits (you should consult your legal and tax advisors for further information). Artist(s) interested in filming their Summerfest performance shall obtain prior written approval from MWF. Requests to film shall be submitted to MWF on or before June 1, 2009. 6. LIABILITY, INDEMNIFICATION AND INSURANCE. a. Liability. Damages to the Site, stage, equipment or properties of MWF caused by Artist or Artist's staff, either intentionally or through negligence, are the responsibility of and will be paid for by Artist and will be deducted from the fee. MWF assumes no responsibility for equipment, costumes, etc., utilized by Artist, except in such instances where MWF agrees in writing to accept custody of the same, and then only to the extent that loss or injury is occasioned by MWF's negligence or intentional acts. Artist or Artist’s representative shall inspect and review the stage set-up prior to Performance to make certain that the equipment location and set-up shall not interfere with Artist during the Performance. MWF assumes no responsibility for accident or injury resulting from the location and set-up of Artist’s equipment. b. Indemnification. Each of the parties hereto shall defend, indemnify and hold the other party (hereinafter the “Indemnified Party”) harmless from and against any and all actions, costs, claims, losses, expenses and/or damages sustained by the Indemnified Party which are caused by or attributable to the reckless, negligent or intentional acts or omissions of the other party or any of its agents, licensees or employees, including, without limitation by specification, property damage and/or injury or death to any person or persons. Furthermore, Artist shall defend, indemnify and hold MWF harmless from and against any and all costs, claims, losses, expenses and/or damages sustained by MWF, including, without limitation by specification, property damage and/or personal injury or death to Artist(s), that are caused by or attributable to the negligent acts or omissions of Artist, its officers, directors, employees, agents, contractors, and/or volunteers. c. Insurance. MWF maintains comprehensive general liability, auto, property, and workers compensation insurance. For specific inquiries related to insurance coverage, please contact Frank Nicotera, General Counsel, Milwaukee World Festival, Inc., at (414) 287-4521 or via email at firstname.lastname@example.org. Headline acts should refer to Attachment “5” for Insurance Requirements. MWF reserves the right to impose Insurance Requirements on non-headline acts, based on past history of incidents at Summerfest or other venues, or on-stage use of pyrotechnic or other special effects. 3 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER 7. SPONSORSHIP. The Site, stages and Summerfest, are supported by a number of “Official Sponsors”. All forms of sponsorship related to Artist, whether part of an ongoing series or tour, or specifically for Artist's performance, at Summerfest, require advance written approval by MWF. Stage sponsor signage may be on or near the stage. 8. COMPLIMENTARY TICKETS. Due to the nature of this event, Festival is unable to provide complimentary tickets to the Artist, with the exception of those Artists performing in the Marcus Amphitheater. 9. MERCHANDISING. MWF holds exclusive right to sell band/artist merchandise on the Summerfest grounds including the Marcus Amphitheater. MWF reserves the right to set the method of compensation for allowing any band or artist to sell or have their merchandise sold. MWF and/or MWF’s agent will retain State Tax on merchandise sold. Only exception is if permit is sold to band/artist, then band/artist is responsible for sales tax. Any group or individual wishing to sell merchandise must contact MWF’s representative Rob Heilmann at 414.425.7622 or email@example.com at least 72 hours prior to their appearance to make the necessary arrangements. For additional information see “Attachment 2”. 10. DISPUTES or DEFAULTS. a. Disputes. In the event any on site dispute develops between Artist and MWF, action to resolve such dispute will be deferred until a representative of the local Musicians Union has been advised of the same and been given an opportunity to participate in the resolution thereof. Nevertheless, in no event shall such procedures be deemed to excuse Artist's delay in timely performance more than 15 minutes. Notwithstanding the above, disputes regarding the terms of the Agreement or this Standard Rider or claims arising out of their execution or performance shall only be arbitrated if specifically agreed to in writing by MWF and then only in a manner mutually agreed upon by both parties. b. Default. Artist’s violation of, or failure to perform or fulfill any of the terms, covenants or conditions set forth in the Agreement or anywhere in this Standard Rider shall constitute a material breach which shall entitle MWF to pursue any remedy for breach of contract at law or in equity. MWF’s violation of, or failure to perform or fulfill the material terms, covenants, or conditions set forth in the Agreement or anywhere in this Standard Rider shall constitute a material breach which shall entitle the Artist to not appear or perform for any performance, without any liability to MWF. In the event it is determined through arbitration or otherwise, that MWF is in default under the terms of the Agreement or this Standard Rider, then MWF shall be obligated to the Artist for the full amount of the compensation to be paid Artist, as Artist’s sole remedy. c. Failure to fulfill obligations. In the event Artist fails to comply with the terms and conditions of the Agreement, or this Standard Rider, or if by the terms of the Agreement, Artist is excused from performing duties and obligations hereunder, then MWF shall be released from performing its obligations and duties hereunder. 11. PRESS AND PUBLICITY. 4 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER A number of media partners participate as Summerfest sponsors, including stage co- sponsors. These sponsors may request interviews, video taping, press coverage, “meet and greet”, pictures, etc. MWF has not represented that Artist will participate in any press event, reception or informal gathering of any nature or photo session of any kind at any point in relation to this performance or any other event. However, MWF requests that Artist attempt to reasonably accommodate the press and media sponsors. Media contact information is referenced on Attachment 2. 12. RESTRICTIONS. Headline Artists will not accept any other engagement during a period commencing 45 days prior to and during 30 days following the performance set forth herein, within a distance of 100 miles from the City of Milwaukee, unless express written consent is previously obtained from MWF, and then only in accordance with the terms and conditions which may be imposed with such consent. 13. HOTEL ACCOMMODATIONS. MWF does not provide hotel accommodations to Artists. See Attachment 2 for additional information. 14. GROUND TRANSPORTATION. MWF provides ground transportation to Headline acts only. MWF provides parking permits for use in a designated lot, and will provide shuttle transportation from the parking lot to the stage. For additional information regarding ground transportation, bus parking, driving directions and advisories, please see Attachment 2. 15. HOSPITALITY. Hospitality provisions are referenced in Attachment 3. 16. MISCELLANEOUS. Contact information for technical, non-technical, and general information regarding Summerfest, is referenced on Attachment 2. Stage Dimensions are referenced on Attachment 4. 17. MODIFICATION OF CONTRACT. It is understood and agreed that this Standard Rider may not be changed, modified, or altered, except by an instrument in writing, signed in accordance with the laws of the State of Wisconsin. 18. RELATIONSHIP OF THE PARTIES. Nothing in this Standard Rider shall be construed to constitute the parties as a partnership or joint venture. Because Leader was selected by Artist, any acts Leader may engage in are considered to be on Leader’s own behalf or as agent for Artist, and not as agent for or on behalf of MWF. 5 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER 19. APPLICABLE LAW, VENUE AND SEVERABILITY. The Agreement and this Standard Rider are to be governed by and construed according to the internal laws of the State of Wisconsin. The parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated exclusively in the state or federal courts located in Milwaukee County, Wisconsin. The parties further acknowledge and agree to waive formal service of process in regard to actions brought relating to the Agreement and this Standard Rider and agree to accept service of process via certified mail, return receipt requested, addressed to the address set forth herein. If any provision hereof is declared or adjudicated by a court of competent jurisdiction to be illegal, invalid, or unenforceable, it shall be deemed deleted from this Agreement without impairing the legality, validity, or enforceability of the remaining provisions hereof. 20. INTERPRETATION. To the extent that any of the terms and conditions contained in the Agreement, to which this Standard Rider is attached; or any other addenda or rider attached hereto by Artist, or his agent; are in conflict with or contradictory to any of the terms of this Standard Rider, this Standard Rider shall be controlling. The subparagraph and paragraph headings in this Standard Rider are for the convenience of the parties and shall not be considered in any question of interpretation or construction of this Standard Rider. 21. USE OF AGREEMENT IN ELECTRONIC FORMAT. The parties agree to: a. convert this Agreement to electronic “PDF” file form, b. retain it solely in such form, and c. in the event of any dispute, provide it in such form or a copy from such form. The parties further agree that the Agreement in such form (or a copy) shall not be denied legal effect, validity, or enforceability due to its form and shall meet any requirement to provide an original. 22. ENTIRE AGREEMENT. This Standard Rider, together with the Agreement, represents the entire agreement between the parties. No promises, covenants, representations or warranties of any kind have been made to induce either party to enter into this Agreement. THE PARTIES HEREBY EXECUTE THIS STANDARD RIDER ON THE DATE(S) INDICATED BELOW. MILWAUKEE WORLD FESTIVAL, INC., Artist: By: ___________________________ By: ___________________ Bob Babisch _____________________ Vice President of Entertainment (Print Name) Date: _____________ Date:_____________ 6 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER ATTACHMENT 1 2009 SUMMERFEST AUDIO SPECIFICATIONS The PA systems for festival stages are stereo and capable of producing distortion free signal from 20 to 20,000 Hz at a volume sufficient to cover the area completely and without intruding on other festival stages (typically between 107 and 110db at mix). All audio systems are electronically crossed over with sub woofers. Typically these systems contain line array type speakers. Front of house consoles are typically Yamaha 4K’s, Midas Heritage 2K and 3K. All consoles have a minimum of forty (40) input channels. All consoles have parametric EQ on the input channels. All consoles have at least at least 8 pre/post outputs per channel. All consoles have eight (8) stereo subgroups and eight (8) VCA groups. Equalization for front of house is a stereo 31-band equalizer. Outboard equipment consists of at least eight (8) channels of comp/limiters and eight (8) channels of gates. Effects consist of at least two (2) top quality digital reverbs, two (2) top quality digital delays and at least one (1) other high quality digital effect pieces. A CD player will also be included. Sound systems at Miller, Harley Davidson, Briggs & Stratton are flown. Monitor systems are a minimum of ten (10) mixes and a cue system. The consoles all have a minimum of forty (40) inputs with a parametric EQ on each input channel in addition each channel has a minimum of 16 pre/post sends. Consoles include Ramsa, Yamaha, Gamble and Midas. Monitor systems contain at least twelve (12) bi-amped wedges (containing 1 – 15” or 2 – 12” speakers and a 2” horn) with the capacity to easily add additional wedges if needed. The monitor system also includes at least one bi-amped “drum box” and two tri-amped side fills. Outboard processing includes ten (10) 1/3 octave EQ’s, eight (8) gates, four (4) comp/limiters, one (1) digital delay, one (1) digital reverb. All outboard equipment is patchable. Microphones include Shure SM-58’s, Shure SM-57, Sennhieser MD-421, Electro Voice RE-20 and Countryman direct boxes. Contact Steve Vallee at Phone: 414.427.8247 Fax: 414.427.8563 or Email: firstname.lastname@example.org with any questions. 7 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER ATTACHMENT 2 CONTACT INFORMATION AND DRIVING DIRECTIONS 1. Headline acts from all of the stages, including the Marcus Amphitheater, should direct all technical questions to: Steve Vallee Phone: 414.427.8247 Fax: 414.427.8563 Email: email@example.com Non-technical questions: Production Office Phone: 414.287.4400 Fax: 414.287.4492 Email: firstname.lastname@example.org 2. All other acts should direct all questions to: Summerfest Production: Phone: 414.287.4400 Fax: 414.287.4492 Email: email@example.com 3. For information on hotels in the area, contact: Doug Johnson Phone: 414.287.4400 Fax: 414.287.4492 Email: firstname.lastname@example.org 4. Media Contact (all press & photo pass questions) John Boler: Phone: 414.273.2680 x438 Fax: 414.273.2681 Email: email@example.com 5. Merchandise Contact (to arrange to sell merchandise on the grounds) Rob Heilmann Phone: 414.425.7622 Email: ROBBH1@prodigy.net 6. Security Contact: Mike DeMarco Phone: 414-273-2680 x423 Email: Mdemarco@summerfest.com 8 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER 7. Driving Directions Construction in the Marquette Interchange closed the connector ramps from northbound I-94 to eastbound I-794 and southbound I-43 to eastbound I-794. For a map of the area using websites like Google.com or Mapquest.com, use the address 200 N. Harbor Drive, Milwaukee, WI 53202. Summerfest-specific freeway access maps are available at Mchange.org and Summerfest.com From the North • Follow I-43 southbound through the interchange into southbound I-94 (Chicago). Exit National Avenue. Follow National Avenue east to 1st Street. Turn left on 1st Street and follow north to Pittsburgh. Turn right on Pittsburg and follow into Young Street. Turn right and head south on Erie Street. o To Lot A, Gates 6 and 5 From Erie Street, turn left on Polk Street and head east to Harbor Drive. At Harbor Drive, turn left for the entrances to Lot A, Gate 6 and Gate 5. o To Lots P, E, O& S, Gates 16/18, 13 and 9 Continue south into Lot P. At the river turn left for access to lots E, O, S, and Gates 16/18/13/9. For Rigs taller than 12 feet • 12’4” bridge -Exit National Avenue. Follow National Avenue east to Water Street (past 1 st St.). Turn left on Water Street and follow north to Erie. From Erie Street, turn left on Polk Street and head east to Harbor Drive. At Harbor Drive, turn right at the entrance to Gate 6. • No bridge - Exit Plankinton Avenue exit. Turn right on Michigan and follow east to Water St. Turn right and head south on Water St. and follow south to Erie. Turn left on Erie St. From Erie Street, turn left on Polk Street and head east to Harbor Drive. At Harbor Drive, turn right at the entrance to Gate 6. From the South • Follow I-94 to National Avenue and follow the directions above. Or exit earlier at Lapham, proceed east to 1st Street, turn left and follow 1st Street northbound. Follow the directions listed above. From the West • Follow I-94 eastbound into I-794 eastbound. Exit at Jackson Street. Follow Jackson Street southbound as it loops into Corcoran and south again on Jefferson into Erie Street. At 9 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER the intersection of Polk Street and Erie Street, follow the directions listed above to gain access to your desired location. * Harbor Drive and Chicago Street are closed during Summerfest. You will not be able to go south on Harbor Drive from Michigan Street and you cannot use Chicago Street east of Jackson Street. All Headliners, especially those traveling with 18 wheel semi-trucks and/or buses should contact STEVE VALLEE 414-287-4451 the day before your performance for up to date directions. If you encounter any problems you can also call the PRODUCTION OFFICE 414-287-4400 for assistance. 10 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER ATTACHMENT 3 HOSPITALITY PROVISIONS Non-Headliners: MILWAUKEE WORLD FESTIVAL, INC. WILL PROVIDE, WITHIN A REASONABLE TIME PERIOD, THE FOLLOWING: SPRING WATER (from backstage water cooler) PEPSI PRODUCTS BEER (Provided by the stage sponsor. Subject to availability and discretion of stage manager.) COFFEE & TEA ALL OTHER HOSPITALITY, INCLUDING TOWELS, IS THE SOLE RESPONSIBILITY OF THE PERFORMER. Headliners: MILWAUKEE WORLD FESTIVAL, INC. WILL PROVIDE, WITHIN A REASONABLE TIME PERIOD, THE FOLLOWING: ONE DELI TRAY (ham, turkey, and roast beef) ONE VEGGIE TRAY WITH DIP FRESH FRUIT, UNCUT WITH KNIFE POTATO CHIPS, PRETZELS, OR TORTILLA CHIPS ASSORTED BREADS SPRING WATER (from backstage water cooler) PEPSI PRODUCTS MINERAL WATER COFFEE & TEA BEER (provided by the stage sponsor) ASSORTED JUICES (Natural from concentrate) CONDIMENTS, PAPER GOODS, AND UTENSILS TOWELS ALL OTHER HOSPITALITY IS THE SOLE RESPONSIBILITY OF THE ARTIST. ANY QUESTIONS REGARDING THE HEADLINER OR NON-HEADLINER HOSPITALITY RIDERS SHOULD BE DIRECTED TO SCOTT LAZOVIK AT 414.287.4400. MARCUS AMPHITHEATER PERFORMERS SHOULD CONTACT SCOTT LAZOVIK AT 414.287.4400 OR STEVE VALLEE AT 414.427.8247. 11 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER ATTACHMENT 4 STAGE DIMENSIONS STAGE NAME WIDTH & DEPTH BRIGGS & STRATTON BIG BACKYARD 50’ X 30’ CHILDRENS HOSPITAL OF WISCONSIN CHILDRENS THEATER & NML PLAYZONE 40’ (F)/28’ (B) X 17’ JOJO’S MARTINI LOUNGE 32’ X 28’ HARLEY-DAVIDSON ROADHOUSE 50’ X 30’ MARCUS AMPHITHEATER 72’ X 52’ MILLER LITE OASIS 60’ X 32’ M&I BANK CLASSIC ROCK STAGE 40’ X 30’ POTAWATOMI BINGO CASINO PAVILION 28’ X 40’ ROCK STAGE 60’ X 36’ SENTRY SPORTS ZONE (court area) 43’ X 70’ U.S. CELLULAR CONNECTION 40’ X 32’ 12 MILWAUKEE WORLD FESTIVAL, INC. STANDARD RIDER ATTACHMENT 5 INSURANCE REQUIREMENTS 1. Artist shall, at least thirty (30) days prior to its use of the Site, tender to MWF a certificate of liability insurance (COI) from a company with an A.M. Best Rating of “A” or better, naming, as additional insureds: a) Milwaukee World Festival, Inc. b) City of Milwaukee c) Food and Beverage, L.L.C. d) Board of Harbor Commissioners, and e) The respective directors, officials, agents and employees, of each of the above entities, with respect to their acts in the course of their employment, but only as related to the Event. 2. Sponsor’s insurance shall cover any damages which may be sustained as a consequence of Sponsor's exercise of rights under Sponsor’s licenses, permits and this Agreement. 3. The COI should reference the types of insurance and minimum liability limits, as follows: a) General Liability - Not less than $1,000,000.00, per occurrence, for damages for personal injury, advertising injury, products liability and property damage, with aggregate limits of at least $5,000,000.00.i b) Vehicle Liability (if applicable) – Same as above. c) Workers Compensation – Minimum coverage as required by applicable state law. 4. The policy and the COI naming additional insureds shall contain a ten (10) day notice of cancellation clause. In the event that the policy is canceled, Sponsor will procure replacement coverage with the same limits prior to expiration of the ten (10) day period. 5. The COI shall be sent to Frank Nicotera at firstname.lastname@example.org (preferred) or by mail to 200 N. Harbor Drive, Milwaukee, Wisconsin, 53202. i Artists utilizing pyrotechnics or other special effects may be required to obtain additional coverage or increased limits. 13