CM-2022-297 - 12/2/2022Client Name: Rick Atkins
Event Date: Dec 2, 2022
Event Name: City of Round Rock Light Up the Lake
This agreement CAgraement7 for services of music and/or entertainment described below Is made on Nov 15. 2022 2:52:57 PM between the
undersigned Purchaser of music and/or entertainment CPw chased and the undersigned Agency, Moontower Entertainment, LLC ('Agency'). It is
hereby mutually agreed between the parties hereto as follows:
The Purchaser hereby engages the Agency to provide performers for the engagement as described below and subject to additional terms set forth
In accompanying invoke and Tech Rider (attached hereto and incorporated by this reference).
1. NAME OF PERFORMER: Gone to Texas Band
2. NUMBER OF PERFORMER(S): 9pe + 2-3 crew
3. LOCATION OF PERFORMANCE: Old Settlers Park: Main Stage
1001 Harrell Parkway
Round Rock, TX 78665
4. DATE OF PERFORMANCE: Dec 2, 2022
S. HOURS OF PERFORMANCE: 3hrs 17:00prn-10:OOpm
6. EARLIEST LOAD -IN TIME TOO
7. ARTIST SETUP COMPLETE BY; TBD
8. SOUND PROVIDED BY; Austin Event Lighting
9. STAGE LIGHTS PROVIDED BY: Austin event Lighting
10. TYPE OF ENGAGEMENT: Public
11. ARTIST ATTIRE; Holiday Event / comfortable for outdoor elements
1Z PAYMENT TERMS: The Initial payment set down In the invoice attached to th s Agreement CAepositJ will act as a retainer to secure the
services of the Artist to perform at the engagement described above. The rema.ning ba ance must be paid to the Agency via cash or check no later
than one m week prior to the Event Date Fai'ure to timely pay may result in the Agency cance ing the gig without penalty and/or Agency pursuing
liqu'dated damages from Purchaser In an amount equal to the wages agreed upon, p'us reasonable anorney's lees and court costs
13. CANCELLATION: Cancellation by Purchaser must be submitted in writing to Agency. If Purchaser or Agency cancels at least twelve 02) months
prior to the Event Date, Agency M I return the Deposit If Purchaser cancels the Agreement less than twelve 02) months prior to the Event Date,
Purchaser shall be responsible for the fol owing fees.
• at least six (6) months. but ess than twelve 02) months from the Event Date: 20% of the Total Contracted Price
• less than six (6) months from the Event Date: 100%of the Total Contracted Price.
As used herein, the 'Total Contracted Price is the amount set forth in the invoice attached to this Agreement.
14. INABILITY TO PERFORM Agency's performance Is subject to proven detention of Its performers by sickness, accidents, cols, strikes,
epidem cs, acts of God, or any other legitimate conditions beyond the Agency's control Notwithstanding the forego ng, if an event is canceled due
d +eclly to Covid•t9 restrictlors that make Agency's performance lmposs ble (e.q- travell-ing or gathering restrictions are In place at the time of the
Event Date), Purchaser and Agency agree to first try to reschedu a the Date of the Performance If rescheduling Is not possible, then Agency ag+ees
to relund (any amounts previously paid by tr a Purchaser to Agencyl For clarity, Purchaser wi I not be entitled to a refund for cancellations due to
known, expected, or regular risks and variables ncluding, without iimitaton, potential exposure to Covld 19 or low expected attendance.
15. RAIN OR SHINE: For outdoor engagements. Purchaser will provide an alternate Indoor pedamance location in case of rain o- Inclement
weather. Agency Is to be paid In full "rain or sn ne or Inclement weather.' If performance weather temperatures are below 55 degrees, the Pr, rchaser
will ptov:de the Artist with space heaters.
16. MUTUAL RELEASE OF LIABILITY FOR KNOWN RISKS. Agency and Purchaser recognize and understand that there's a risk of exposure to
viruses such as COVID-19 at the contracted event The parties hereby release, acquit, and forever discharge and waive any and a1 Cla ms against
the Released Parties that arise from or relate to virus exposure at the event and agree not to sue any of the Released Parties for such virus related
Gaims, prov ded that Purchaser shall not be released from any Clams that arlse from Purchaser fad ing to (a) follow the COVID 19 Health & Safety
Protocols established between Agency and Purchaser, a copy of which is attached hereto and incorporated by this reference (as same may be
amended) or (b) adhere to the gu'delnes set forth by the State of Texas or the locality In which the event takes place. AS used here n. "Claims'
shall mean any past, present and luture claims, losses. costs, expenses, Ilabl.ities, demands, or causes of action, and costs of defense or settlement
(including, without limitation, outside at(orneys' fees and actua' court costs reason ably.ncuned). 'Released Parties' shal mean Agency, performers,
Purchaser, and each of their owners, assigns, directors, managers, members, subsld aries, affil ales, principals, successors, agents, employees,
representat ves, insurers, ie-insurers, attorneys, and all other related persons and affiliated entities or ehtdy bound to defend of pay judgments
against them.
17. GENERAL TERMS. This Agreement and any riders attached hereto represent the entire agreement with respect to the subleet matter hereof
and supersedes any prior understandings, whether written or ora Purchaser and Artist understand F. at this Agreement shall be binding on their
nrrin:, executors, successors and assigns, that the Agreement wiz be governed by the laws of the State of Texas, and that Jurisdiction and venue for
resolution of any dispute regarding this Agreement shat Ile in State Drstrrct Courts :n Travis County, Texas If any part of this Agreement Is
determ ned to be invalid or unenforceable it does not affect the validity of the rema rider of this Agreement The persons s.gning for Purchaser and
Agency agree to be personal/Jo ntly, and severely able for the terms of this contract. It Is understood that the Agency Is hired as an Independent
contractor, and, as such, is responsible for payment of all of Agency's own faxes and insurance
18a. AdMonal Terms & Conditions.
.Purchaser and Purchaser's guests are permitted to take photos and recordings of the performance, provided that such recorOngs and photos may
on/ be uWlzed for personal noncommeroal use, it be ng understood and agreed that Agency's performers primarily perform so-called 'cover
songs' that are written and controlled by third parties.
-Should Purchaser wish to include a performer's name and/or likeness In any advertisement or as an endorsement of any product or service,
Purchaser must obtain such performer's prior written consent
-Purchaser is responsible for Agency's performers being treated with respect Agency reserves the right to suspend and/or shut down a
performance if a guest makes racially, discriminatory, or sexua ty d sparaging remarks to Agency's performers or the performers feel (hat the
environment is unsafe or hostlle (e.g, aggressively drunk or v olent guests, unwanted physical contact or advances, d stancing measures not being
followed. etc).
-Dinner set can be upgraded to a dance set for an addit onal $400 [when applicable/.
-Overtime rate is $7501half hour. Rate must be paid mmediate/ after performance
18b. Addttional Terms and Conditions (conlinuea
Name
Gone To Texas Band 15-
hour Package
Invoice Total: $7,000.00
Payment Schedule:
Due Date
Nov 2% 2022
Tlqrf,7� ?�;q
Des_,iption
■ 9pc band performance within a 1.Shr
window with 1 short break as needed
2 ma a and 1 female vocal st, keys, bass.
guitar, peda steel. fiddle, & drums
* Backme
* Transportaton & Travel
• Emcee Services
+ Recorded Break Musk: (as needed)
Send check to:
Moontower Entertainment, LLC
5701 W Slaughter Lane
Suite A130 -1286
Austin, TX 78749
FINAL BALANCE IS DUE ONE (1) WEEK PRIOR TO EERFORMANCE
"Credit card option available for a 3% convenience fee
G ty 1 Unit Price Tax Subtotal
1 x $7,000.00
Amount Due
$7.000.00
TECH RIDER
17,000.00
INTRODUCTION
Moontower Entertainment is comrmited to bringing you the best show pomblel The requirements that follow ensure that
everything runs smoothly and efficiently while keeping safety as a top priority Failure to provide some of these
requirements may result in the band's Inability to perform without a refund Please feel free to call and discuss anything
you don't understand, agree with, or need adjusted. Amos can be reached at 512.6130.7769 to assist you with any and all
needs.
THE STAGE
We DO NOT require a stage to perform, but if a stage is provided, the ideal dimensions are
IV (bet) deep by 24' (feet) wilds. We realize that there are certain venues where space is 4mited
In these instances, the minimum stage size that the band can fit on is 12' (feet) deep by 16' (feet)
wide. The stage should be smooth and level, free of any gaps, holes and uneven surfaces. If the
stage is higher than V (toot), the band will need stable stairs attached to the stage. H no stairs area
1ei1r rt �"�
provided, this may result Ina delayed start time until stairs are to place to allow for safe oW
off acosss
If the performance is held outdoors. the stage must be covered The sun during the afternoon load•in
++ hours can overheat equipment and rain during the performance will damage equipment and heighten the
risk of electrocution Stage cover shou'd adequately protect the stage from the outside elements. In the
rare event that a cover cannot be provided, a temporary tent will suffice until the sun goes down and a
rain plan must be ready to implement The band cannot play In tempari tures below 58 degrees
wfthout wonting pedo heaters In place (minlmum 2 Mal" on stage).
LOADING tN AND OUT -
Our production crew needs 3 hours to load -in and set up They are typically
dons bading In after the tst hour at which point they can remove their vehicle ,
(truckRrailer) and park elsewhere We do not require a sound check so you don't r'
have to worry about loud noises }
After the event, the crew needs 2 hour to tear down and load -out. If you need the production crew to bad in or out in
less time, extra labor may be added for an additkxial fee
IMPORTANTI Make sure to coordinate load -In and load -out times for all your vendors. The production crew needs
to be able move In and out quickly without hinderance. The stage should be setup before they arrive and any
stage decor should be completed. Delays could jeopardize the setup time and/or performance time.
® PARKING
Provisions for free or validated parking for the band vehicles For events further than 2hre away from our
home base In Austin, TX, the band will most likely arrive in one (1) large passenger vehicle or a few carpooled
vehicles.
ELECTRICAL NEEDS
For sound, lights, and musical equipment, the band requires three (3) separate 20-amp circuits for audiences
up to 500 people.
GREENROOM
The band will need a private room or space when they arrive This room is for band members to eat,
change clothes, and rest during breaks Please make sure to Include a table and enough chalre to
�1„�
accommodate the band size A crew. It the room is being used by guests prior to the band arrival,
that is not a problem.
CATERING
We require hot nutritious meals to be provided for the band head count and crew 1hr prior to the start
time. Meal should consist of meat, fish or chicken, starch and vegetable. Please provide utensils, plates,
cups and napkins. Alternatively, the purchaser may provide a twenty dollar ($20) per headcount (band & !�
crew) meal buyout. This can be arranged beforehand and added to the final payment.
' to ,i .. , s* One 24-pack of bottled water (room temperature) to be provided before band arrival.
�.Dh6#ilil�I
V0, �t Lastly, if you want to provide any coffee or snacks in the greenroom, the band would love it. Not
,� . �• required but definitely appreciated!
Covid-19 "Health & Safety Addendum"
To protect the health and safety of our performers as well as the guests at your event, we need you to acknow edge and agree that the following
-easures will be taken:
Purchaser will:
-Abide by any other rues or regulations then in effect in your locality due to Cov d-19 and/or Texas state mandates.
.Ensure that invited attendees are abiding by Texas -mandated precautions on gatherings and requiring potential attendees stay home if they are
symptomatic or, for a period of 14 days prior to the event have had known contact with a person who has tested positive or Is a suspected positive
fe.g.. awaiting lest results).
-Additional and/or unique precautions specific to this event:
PerformedBand will:
-Monitor personne for Gov d.19 symptoms prior to the performance and have all members who might be symptomatic tested for confirmation and/or
substituted for the performance
Purebaser.
Pwchaar Phone: 512-218 5540
Purchaser Email: dckeWoundrocktexas yav
Purchaser AdOm,
301 W Bagdad Sate 1250
Round Rock, TX 76664
7ag Jato the terms a-,d pond trons of the tacit rider
dif.YaA I?
Ageney. Moontower Entertainment, LLC dba Gone To Texas Band
5701 W Slaughter lane, Suite A130 1286, Austin. TX 78749 / 512.680.7769
agree to the terms and coed Lions of the tech rider
First N. Amos Traystman, owner 11/28122
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider executing a contract with Gone to Texas Band for Light up the Lake
entertainment on Friday, December 2, 2022.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12/2/2022
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $7,000.00
Indexes: General Fund
Attachments: Gone To Texas Band LUL Entertainment 12.02.22
Department: Parks & Recreation
Text of Legislative File CM-2022-297
Consider executing a contract with Gone to Texas Band for Light up the Lake entertainment on Friday,
December 2, 2022.
Cost: $7,000
Source of Funds: General Fund
City of Round Rock Page 1 of 1