Rehoboth Avenue, Rehoboth Beach, DE 19971  (302) 644-2288 (seasonal)

Contract

REHOBOTH BEACH BANDSTAND
ARTIST AGREEMENT/CONTRACT DETAILS
SECTION II

The Rehoboth Beach Bandstand Artist Agreement/Contract Details is hereby incorporated by reference into The Rehoboth Beach Artist Agreement/Contract Section I, and made a part thereof.

  1. Services. The Artist is hereby retained by The City of Rehoboth Beach (“City”) to perform the services described below (“Services”):

    1. On or before the date of performance, the Artist shall provide Corey Groll, Program Director, with the Artist’s requirements, relating to the Concert (as defined herein).
    2. On the date of performance, by 7:30 p.m., the Artist shall cause the setup of all equipment reasonable and necessary to perform a live, public concert of the Artist’s music subject to paragraph 5L, 5M, and 5N below (“Concert”) at the Rehoboth Beach Bandstand (“Facility”); provided, however, that The City of Rehoboth Beach shall cause the setup of additional resources requested by Artist. The City of Rehoboth Beach may provide the necessary local stage crew to assist with equipment setup if requested and agreed to by the City prior to the performance date.
    3. The City of Rehoboth Beach recommends every attempt to provide a sound check for the Artist. All sound checks must be completed by 7:30 p.m.
    4. On the date of performance, between the hours of 8:00 p.m. and 9:15 p.m., the Artist (including all of the Artist’s Group Members) shall perform the Concert for the entertainment of The City of Rehoboth Beach local attendees, which shall consist of one (1) set, at least sixty (60) minutes in length and not exceeding seventy-five (75) minutes in length, with no intermission or break during the content of the performance.
    5. By no later than 10:00 p.m. on the date of the scheduled performance, the Artist shall remove all property of the Artist and/or the Artist’s Group Members from the Facility, and shall return the Facility to The City of Rehoboth Beach in same state as when issued for the use of the performance.
    6. As used in this Agreement, the term “Artist Group Members” shall include all members of the Artist’s Band or performance group and any other persons that are assisting the Band with their performance.
    7. The Artist performs and supplies all material, lyrics, and subjects without the use of profanity, discriminatory, or otherwise inappropriate or offensive language, innuendoes or gestures appropriate for a public performance for an audience of all ages, races, or ethnic diversities.

 

  1. Purpose.

    1. In its performance hereunder, the Artist shall be permitted to use only the following portions of the Facility: dressing rooms, bathrooms, complete stage area, and immediate area surrounding the Rehoboth Beach Bandstand and audience area.  The Facility is to be used solely for the purpose of the Concert.  The Artist shall not use the Facility, or permit the Facility to be used by any of its members, officers, directors, agents, employees, licensees, or invitees, for any unlawful or immoral purpose or in any manner likely to injure persons or property in, on, or near the Facility.
    2. The Artist, and each of the Artist’s Group Members, shall be solely liable for, and shall indemnify, defend, protect and hold the City harmless against any and all losses, liabilities, claims, damages, and expenses (including reasonable costs of investigation and attorney’s fees ) (collectively, the “Losses”) occurring at the Facility and caused to The City of Rehoboth Beach and/or persons and/or property in, on, or near the Facility before, during, or after the Concert, by (i) the Artist’s (or any Artist’s Group Members) failure to comply with any and all federal, state, foreign, local, and municipal regulations, ordinances, statutes, rules, laws, constitutional provisions, and common laws (collectively, the “Laws”) applicable to the Artist’s performance of this Agreement and/or activities at the Facility, (ii) any unlawful acts on the part of the Artist, an Artist’s Group Member, or their officers, directors, agents, employees, subcontractors, licensees, or invitees, (iii) the negligent acts, errors and/or omissions or the willful misconduct of the Artist, an Artist’s Group Members, or their officers, directors, agents, employees, subcontractors, licensees, or invitees, or (iv) the material breach or default by the Artist, an Artist’s Group Member, or their officers, directors, agents, or employees of any provision of this Agreement.
    3. The Artist shall conduct business in the Facility in a dignified and orderly manner with full regard for public safety and in conformity with the rules of The City of Rehoboth Beach, including fire and safety rules as required by The City of Rehoboth Beach and/or local fire regulations, as such may exist from time to time. Without limiting the foregoing, any pyrotechnic devices used by the Artist must be approved at least three weeks in advance of the Concert by The City of Rehoboth Beach and by The City of Rehoboth Beach Fire Department.  The Artist agrees that it will not allow any officer, agent, employee, licensee, or invitee at, in or about the Facility who shall, upon reasonable non-discriminatory grounds, be objected to by The City of Rehoboth Beach and such person’s right to use the Facility may be revoked immediately by The City of Rehoboth Beach.
    4. The Artist hereby acknowledges and agrees that The City of Rehoboth Beach shall have the right, in its sole discretion, to permit other musical groups to perform before or after the Artist’s performance, as described herein, and to advertise and promote the same in conjunction with the Artist’s appearance.

 

  1. Condition of Facility.

    1. The Artist shall use the Facility for the sole purpose described herein and for no other purpose. The Artist shall not use the Facility or any property of The City of Rehoboth Beach, or permit any of the same to be used, in a manner that results in waste or that constitutes a nuisance or for any illegal purpose.  The Artist understands and agrees that The City of Rehoboth Beach makes no representations or warranties with regard to the condition of the Facility or any property of The City of Rehoboth Beach and the Artist agrees to accept all such property in “as is” condition.
    2. The Artist shall not make any alterations, additions, or improvements to the Facility or any property of the Rehoboth Beach Bandstand without the prior written consent of The City of Rehoboth Beach.
    3. Authorized representatives of The City of Rehoboth Beach shall have the right to enter and have access to the Facility and to all City of Rehoboth Beach property used or occupied by the Artist hereunder at all reasonable time(s) and for any reasonable purpose(s) in furtherance of The City of Rehoboth Beach’s activities, so long as such entrance does not unreasonably interfere with the Artist’s performance hereunder.

 

  1. City of Rehoboth Beach Obligations. The City of Rehoboth Beach shall:

    1. Provide appropriate sound and lighting systems, and staging area, at the Facility, for performance of the Concert.
    2. Provide parking in designated spots for a limited amount of cars and trucks that have necessary need to park near the bandstand. If additional parking obligations are needed, it is the responsibility of the Artist to notify The City of Rehoboth Beach prior to the date of the event.
    3. Provide personnel to perform the following functions for the Concert if requested by the Artist at least forty-eight (48) hours prior to the scheduled date of the Concert:
      1. Sound Technician – one (1) sound technician to operate The City of Rehoboth Beach sound system which may include, but are not limited to, microphones, stands, speakers, amplification devices, cords, and monitors.
      2. Traffic Control – The City of Rehoboth Beach Police Department may allow the closing to all motorized traffic approximately one (1) hour prior to the performance to the block associated with the Rehoboth Beach Bandstand.

 

  1. Covenants. The Artist, and each Artist’s Group Member, hereby covenants as follows:

    1. The Artist shall not occupy or use the Facility except as provided in this Agreement.
    2. The Artist shall comply with all legal requirements that arise with respect to the Facility and the use and occupation thereof.
    3. The Artist shall not cause or permit any Hazardous Material to be used, stored, or generated on, or transported to and/or from the Facility. “Hazardous Material” shall mean, without limitation, those substances included within the definitions of “hazardous substances”, “hazardous materials”, “toxic substances”, or “solid waste” in any applicable local, state, or federal law.
    4. The Artist shall not advertise, paint, post, or exhibit, nor allow to be advertised, painted, posted, or exhibited, signs, advertisements, show bills, lithographs, posters, or cards of any description inside or outside or on any part of the Facility except upon written permission of The City of Rehoboth Beach.
    5. The Artist shall not broadcast by television or radio, or any other means, any part of the Concert scheduled to be presented in the Facility under the terms of this Agreement, without the prior written approval of The City of Rehoboth Beach.
    6. The Artist shall not cause or permit beer, wine, or liquors of any kind to be possessed, sold, given away, or used by any of the Artist’s Group Members upon the Facility.
    7. The Artist shall not operate any equipment or materials belonging to The City of Rehoboth Beach, without the prior written approval of The City of Rehoboth Beach.
    8. The Artist shall not engage in the sale of any tickets for the Concert as well as shall not accept or request any form of tipping, bonuses, or compensation from audience members or additional figures before, during, or after the performance.
    9. No portion of any passageway or exit shall be blocked or obstructed in any manner whatsoever, and no exit door or any exit shall be locked, blocked, or bolted while the Facility is in use. Moreover, all designated exit ways shall be maintained in such manner as to be visible at all times.
    10. The Artist shall abide by and conform to all rules and regulations adopted or prescribed by The City of Rehoboth Beach.
    11. The Artist shall perform the Services in a professional, safe, courteous, high-quality manner.
    12. The Artist hereby warrants that it owns all right, title, and interest to, or is otherwise fully authorized to perform and display publicly, any and all parts of the Concert covered by this Agreement, including without limitation all musical works, dramatic works, literary works, pictorial and graphic works, and choreographic works.
    13. With respect to the Concert, the Artist shall comply fully with any and all local, state, and federal laws, regulations, rules, constitutional provisions, common laws, and rights of others applicable to the reproduction or performance of proprietary or copyrighted materials and works of third parties (the “Works”), and to the protections of the intellectual property rights associated with such Works. The Artist shall make any and all arrangements, and any and all payments to third parties and/or clearinghouse agencies, as may be necessary to lawfully perform, publish or reproduce any such Works.  The Artist specifically agrees, undertakes, and assumes the responsibility to make any and all reports to such agencies and/or parties, including specifically by way of example only (and not by way of limitation) ASCAP, BMI, SAG, SESAC and other similar agencies.  The Artist agrees hereby to produce evidence of such reports and payments to The City of Rehoboth Beach including evidence of compliance with the requirements of this paragraph to be provided to The City of Rehoboth Beach upon request.  Provision of such evidence is a material condition of this Agreement.  The Artist shall indemnify, defend, protect and hold harmless The City of Rehoboth Beach and all other Indemnities (as defined in this Agreement) of and from all and all manner of Losses arising in any form from the use by Licensee of proprietary intellectual property of third parties (whether such claims are actual or threatened) under the copyright or other laws of the United States.  The foregoing indemnity shall apply regardless of the means of publication or performance by the Artist, and shall include specifically and without limitation the use of recordings, audio broadcasts, video broadcasts, Works on other magnetic media, sounds or images transmitted via the worldwide web, chat rooms, webcast, or on-line service providers, satellite or cable, and all other publication or performance means whatsoever, whether now known or developed after the date of this Agreement.
    14. The Artist shall ensure that its performance hereunder shall, in all events, conform with all applicable federal, state and local laws, ordinances, and regulations. The Artist shall procure and maintain all clearances, licenses, and permits necessary for all aspects of the Services, at its own expense.

 

  1. Payment.

    1. In consideration for the Artist’s performance hereunder, The City of Rehoboth Beach agrees to pay the Artist a flat fee agreed for such Services as enumerated in Section I of the Agreement/Contract. All payments will be made in the form of one (1) City of Rehoboth Beach check during or immediately following the Artist’s performance subject to paragraph 6E.  It is the responsibility of the Artist to provide The City of Rehoboth Beach a Social Security Number or Federal Tax ID that associates the check to the individual or Artist performing on the date of the event.
    2. Except as expressly and specifically set forth in this section 6, the Artist shall not be entitled to any additional compensation or remuneration in return for its performance hereunder. Accordingly, without limitation, the Artist shall have no right to any portion of any revenue received by The City of Rehoboth Beach as a result of advertising or sponsor recognition displayed during, or associated with, the Concert.
    3. Notwithstanding the provisions of Section 6(B), above, the Artist shall have the right to sell Artist-related t-shirts, stickers, posters, and recorded material (“Merchandise”) immediately before, after, and during the Concert, so long as said sales solely take place in the area of the Facility. In no event should said sales take place in the City’s streets, sidewalks, boardwalk or the beach of the City.  Any use of the name Rehoboth Beach Bandstand or City of Rehoboth Beach or related marks owned by The City of Rehoboth Beach must be approved, in advance and in writing, by the City Manager of The City of Rehoboth Beach.
    4. If inclement weather or other circumstances have been deemed inappropriate and/or dangerous for persons or attendees involved, the event will be cancelled prior to 2:00 p.m. on the date of the performance and no additional payment will be made. Cancellation notices will be made in the form of telephone calls to the Artist.  In the event that the telephone number on file is not able to reach the Artist, an email may or may not be made as a final contact attempt.If inclement weather or other circumstances have deemed the performance cancelled after the time of 2:00 p.m. and prior to 5:59 p.m. or two (2) hours prior to the performance starting time on the date of performance, a new check from The City of Rehoboth Beach will be made to the Artist for one half (1/2) the contracted amount.If inclement weather or other circumstances have deemed the performance cancelled after 6:00 p.m. or after two (2) hours prior to the performance starting time, a check from the City of Rehoboth Beach will be made to the Artist for the full contracted amount.It is the responsibility of the Artist to provide appropriate contact numbers (local, cell, and/or travel) or information in the event that an emergency situation arises and/or a cancellation needs to occur.  In the event that a cancellation attempt is made on or before the date of performance and the contact information on file does not allow appropriate contact, no check shall be made to the Artist and this agreement shall be deemed null and void.
    5. Payment to the Artist is subject to the discretion of the City of Rehoboth Beach or its designee based on, but not limited to, the content of the performance as outlined in the entirety of this contract. If payment for the performance is withheld, the Artist is not entitled to explanation or any compensation for other expenses taken for the performance including travel, lodging, or other purchases.
    6. The City of Rehoboth Beach is not responsible for payments in regard to lodging, gas mileage, or other travel expenses before, during, or after a scheduled performance no matter the circumstances of a cancellation or successful performance.

 

  1. Taxes.

    1. The City of Rehoboth Beach shall not be liable for the payment of taxes, late charges, or penalties of any nature relating to the Services or any revenue received by, or payments made to, the Artist in respect to the Services, or the Merchandise. The Artist shall pay and/or collect and discharge as they become due, promptly and before delinquency, all taxes, assessments, rates, damages, license fees, municipal liens, levies, excises, or imposts, whether general or special, or ordinary or extraordinary, of every name, nature, and kind whatsoever, including all governmental charges of whatsoever name, nature, or kind, which may be levied, assessed, charged, or imposed.

 

  1. Term and Termination.

    1. Except as otherwise provided herein, this Agreement shall remain in force from its effective date of this signed contract through 11:59 p.m. on the date of the performance (“Term”).
    2. In the event of a material breach of the terms and conditions of this Agreement, the non-breaching party may, at its option, upon written notice to the breaching party, terminate this Agreement.
    3. Because the actual damages that The City of Rehoboth Beach would sustain if the Artist were to breach its obligations hereunder are uncertain and would be impossible or very difficult to ascertain fully and accurately, the parties hereto agree in good faith that the following, in addition to The City of Rehoboth Beach’s right to terminate this Agreement, would be reasonable and just compensation for the harm caused by such breach.Therefore, the Artist agrees to forfeit his fee for the performance as set forth in Section I, Paragraph 4, as liquidated damages, and not as a penalty, in the event of the Artist’s default hereunder.  In any event, the City hereby reserves its right to withhold payment to Artist should the Artist breach his obligations under this Agreement/Contract as a remedy for the breach.

 

  1. Miscellaneous.

    1. This Agreement, contains the entire understanding and agreement of the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous agreements, written or oral, pertaining thereto. This Agreement shall not be amended, modified or supplemented unless by agreement in writing, signed by the parties.
    2. For outdoor events, The City of Rehoboth Beach law states that the maximum daytime sound level is 75 decibels. During performances, the Artist shall perform at no more than 105 decibels at any time, as measured at the location of the last row of the audience.  All performances are subject to measurement by The City of Rehoboth Beach or City of Rehoboth Beach Police Department.  Acts that exceed the maximum decibel limit will be given one warning to reduce the decibel level.  If the Artist does not heed this warning, the performance will be stopped immediately.  In cases where the performance is stopped due to violations of the sound ordinance, The City of Rehoboth Beach may or may not prorate payment to the Artist and present the Artist with a City of Rehoboth Beach check for the prorated amount within two weeks.  In the event that the Artist refuses to end the performance, no check will be made to the Artist and the Artist shall be held in breach of contract.
    3. Decisions regarding the safety of the performance due to weather conditions shall be made at the sole discretion of The City of Rehoboth Beach.
    4. Placement and numbers of security personnel will be at the discretion of The City of Rehoboth Beach Police Department.
    5. The City of Rehoboth Beach reserves the right to allow photographers and reporters from legitimate news organizations a limited time to photograph the Artist. The City of Rehoboth Beach reserves the right to shoot still photographs and video of the Artist for archival and advertising/marketing purposes through print, online media, online social media such as YouTube, and other online and offline purposes and reserves the right to use surveillance video for security purposes.
    6. The headings/section titles of this Agreement are for convenience or reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.
    7. Any notices sent pursuant to this Agreement shall be sufficient if sent by certified mail, return receipt requested, postage prepaid, or delivered by hand, or by a reputable overnight carrier addressed to the appropriate party as follows:

      To The City of Rehoboth Beach: Rehoboth Beach Bandstand
      229 Rehoboth Avenue
      P.O. Box 1163
      Rehoboth Beach, DE  19971
      (302) 644-2288 or (302) 227-6181
    8. This Agreement shall be binding upon and inure to the benefit of the parties named herein and their respective permitted successors and assigns. Neither party may assign, subcontract, transfer or delegate, in whole or in part, its right or obligations under this Agreement except with the prior written approval of the other.
    9. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
    10. This Agreement shall not confer any rights or remedies upon any person or entity other than the parties hereto and their respective permitted successors and assigns.
    11. This Agreement shall not be construed to create any partnership or joint venture between the parties.
    12. The rights and obligations or the parties hereunder shall be governed by and determined according to the laws of State of Delaware.
    13. If either party is unable to perform any of its obligations under this Agreement due to events beyond its reasonable control, the time provided for performing such obligations may be extended by a period of time equal to the duration of such events. Events beyond a party’s reasonable control shall include, but not be limited to, acts of God, war, civil commotion, strikes, fire, flood, or other casualty and government regulation or restriction.
    14. Pursuit by either party of any of the remedies described herein, or otherwise available at law or in equity, shall not preclude pursuit by that party of any other remedy or remedies provided herein or otherwise available at law or in equity. All remedies, rights, undertakings, obligations and agreements shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, obligation or agreement of any party.
    15. The invalidity or unenforceability of any particular provision, or partly of any provision, of the Agreement shall not affect the other provisions or parts hereof, and this Agreement shall be construed in all respect as if such invalid or unenforceable provisions or parts were omitted.
    16. The obligations, commitments, responsibilities and liabilities of the Artist and/or each of the Artist’s Group Members, described herein or arising hereunder, shall be joint and several.

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