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CM-2022-298 - 12/2/2022Client Name: Rick Atkins Event Date: Dec % 2022 rM00 Event Name: Light Up the lake rrtrrsurwwun This agreement ('Agreement') for services of music and/or entertainment described below is made on Nov 15, 2022 between the undersigned Purchaser of music and/or entertainment ("Purchaser'} and the undersigned Artists) ('Artist'). it Is hereby mutually agreed between the parties hereto as follows: The Purchaser hereby engages the Artist and the Artist hereby agrees to perform the engagement hereinafter provided with a 1 the terms and conditions herein set forth including those entitled 'AddlNoncd *nns and Conditions' 1. NAME OF ARTIST: Royal Velvets* 2. NUMBER OF ARTLST(S): 6pc + crew 3. LOCATION OF PERFORMANCE: Old Settlers Park Main Stag* 1001 Harrell Parkway Round Rock. TX 78665 4. DATE OF PERFORMANCE: Dec 3, 2022 S. HOURS OF PERFORMANCE:1.6hra / TOO 6. EARLIEST LOAD -IN TIME: TBD 7. ARTIST SET-UP COMPLETE BY: TBD 6. SOUND PROVIDED BY: Austin event Lighting 9. STAGE LIGHTS PROVIDED BY: Austin Event Lighting 10. TYPE OF EPN3AGEMENT: Public 11. ARTIST ATTIRE: Holiday Party/comfortable for outdoor elements 12. PAYMENT TERMS: The Initial payment set down In the invoice attached to this Agreement ('Deposit') will act as a retainer to secure the services of the Artist to perform at the engagement described above- The remaining balance must be paid to Moontower Entertainment no later than one (1) week prior to the Event Date. Failure to timely pay may result in the Artist canceling the gig without penalty. it is understood by at parties that the contracted engagement has been arranged and submitted to Purchaser and Artist by Moontower Entertainment Moontower Entertainment will collect $700 for services rendered. 13. CONTRACTING PARTIES This Agreement constitutes a complete and binding agreement between Purchaser and Artist. IT IS EXPRESSLY AGREED THAT MOONTOWER ENTERTAINMENT ACTS HEREIN AS AGENT FOR ARTIST AND IS NOT RESPONSIBLE FOR ANY ACT OF COMMISSION OR OMISSION ON THE PART OF EITHER ARTIST OR PURCHASER. IN FURTHERANCE THEREOF AND FOR THE BENEFIT OF MOONTOWER ENTERTAINMENT, IT IS AGREED THAT NEITHER PURCHASER NOR ARTIST WILL NAME OR JOIN MOONTOWER ENTERTAINMENT AS A PARTY IN ANY CIV L ACTION OR SUIT ARISING OUT OF, IN CONNECTION WITH OR RELATED TO ANY ACTS OF COMMISSION OR OMISSION PURSUANT TO THIS AGREEMENT BY EITHER PURCHASER OR ARTIST, 14. MOONTOWER EXCLUSIVITY- Artist acknow edges that Moontower Enterta nment established contact between the Purchaser and Artist and agrees to book all performances from this Purchaser through Moontower Entertainment for a period of two years from the Date of Performance (see #4 above) and to pay Moontower Entertainment a like commission. 15. CANCELLATION- Cancellation by Purchaser must be submitted in writing to Moontower Entertainment Shou d the Purchaser cancel this Agreement, Purchaser shall be responsible for the following fees: • at least 12 months from the Date of Performance: 20% of the Total Contracted Price • at least six 16) months, but less than 12 months from the Dale of Performance: 50% of the Total Contracted Price • at least 90 days, but less than s%x (6) months from the Date of Performance. 75% of the Total Contracted Price • less than 90 days from the Dale of Performance:100%of the Tota. Contracted Price As used herein, the 'Total Contracted Pr/ce' is the amount set forth in the invoice attached to this Agreement 16, INABILITY TO PERFORM: Art st's performance is subject to proven detention by sickness, accidents, pots, sinkes, epidemics, acts of God or any other legitimate conditions beyond the Artists control. In the event the Artist is unable to perform, Moontower Entertainment wil make every possible effort to locate a replacement act that is similar in size, style, and general ability. If unsuccessful, the Deposit wit be refunded and Purchaser will not be liable to the Artist and/or Moontower Entertainment for any amount. Notwithstanding the foregoing, If an event Is canceled due directly to Covid•t9 restrict ons that make Artist's performance impossible (e.g„ travelling or gathering estr cl ons are in p ace at the time of the Event Date), Purchaser and Artist agree to first try to reschedule the Date of the Performance If rescheduling is not possible then Artist agrees to refund [any amounts previously pa d by the Purchaser to Artist}. For clarity, Purchaser will not be entitled to a refund for cancel'ations due to known, expected, or regular r sks and variables ncluding, without I mitalion, potent at exposure to Covid 19 or low expected attendance 17. 'RAIN OR SHINE vs. PostponemsrvV; For outdoor engagements, the stage must be covered and protected from inclement weather. In the event that extreme weather conditions require this event to cancel or postpone. the Purchaser w411 pay the Artist a $350 transfer fee and guarantee a similar rebooking that at 9-is with the Art-sl availability within 10 months lh s contract's event date. 18. MUTUAL RELEASE OF LIABILITY FOR KNOWN RISKS. Artist and Purchaser recognize and understand that there Is a r sk of exposure to viruses such as COVID-19 at the contracted event. The parties hereby release, acquit, and forever d'scharge and waive any and all Calms agai--st the Released Parties that arise from or (elate to virus exposure at the event and agree not to sue any of the Released Parties for such v rus related Claims. provided that Purchaser shall not be released from any Claims that arise from Purchaser (alling to (a) follow the COVID•19 Hea th & Safety Protocols established between Artist and Purchaser, a copy of which is attached hereto and incorporated by this reference (as same may be amended) or (b) adhere to the guidelines set forth by the State of Texas or the ocalily In which the event takes place. As used here n -Clalms- shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, or Causes of action, and costs of defense or sett emert (including. without limitation, outside attorneys' fees and actual court costs reasonably incurred). 'Released Parties' shall mean Artist, Moontower Entertainment, Purchaser, and each of their owners, assigns, d rectors, managers, members, subsidiaries, affr'Wes, principals, successors agents employees, representatives. Insurers, reinsurers, attorneys, and all other related persons and affiliated entities or entity bound to defend or pay judgments against them. /'� 72- Z-2-4 P 19. GMERAI TtJtIM$: This Agreement and any riders attached hereto represent the entire agreement with respect to the subject matter hereof and supersedes any prior understandings, whether written or oral Purchaser and Artist understand that this Agreement shall be binding on their heirs. executors. successors and assigns, that the Agreement wry be governed by the laws of the Slate of Texas, and that jurisdiction and venue for resolution of any dispute regarding this Agreement shall Ile In State District Courts in Travis County, Texas. If any part of this Agreement Is determined to be invalid or unenforceable, it does not affect the validity of the remainder of this Agreement The persons sign,ng for Purchaser and Artist agree to be personally. Jointly, and severally liable for the terms of this contract It is understood that the Artist is hired as an independent contractor, and, as such, is responsible for payment of all of Anist's own taxes and insurance. 20a. Additional Terns & Conditions: Purchaser and Purchasers guests are permitted to take photos and recordings of the performance provided that such recordings and photos may only be utilized for personal noncommercial use, it being understood and agreed that Art st primartly performs so-called 'cover songs that are written and controlled by third parties. -Should Purchaser wish to Include a performers name and/or Nkeness 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 Artist being treated with respect Artist reserves the right to suspend and/or shut down a performance if a guest make s racially, discriminatory, or sexually disparaging remarks to Artist or the performers feel that the environment is unsafe or hostile (e.g., aggressivey drunk or violent guests, unwanted physical contact or advances, distancing measures not being followed, etcl 20b. Additional Terms & Conditions continued: Artist will not consume alcohol onsite for the duration of the event/performance. Purchaser to provide free/validated parking, (6) vendor meals, a case of bottled water, a green room, a sound sy stem, stage lights, and protection from inclement weather including extreme heat, direct sunlight, and moisture from rain. If free/validated parking cannot be provided a $20 parking buyout for each band/crew member will be added to the invoice. INVOICE Name Descnpfion Oty / Unit Price • 6pr band performance within a 15hr 1 x $3,500.00 window with 1 short break as needed Royal Velvetee 1.5-hour • Backline Package • Break Music (as needed) • Travel Invoice Total: $3,500.00 Payment Schedule: Due Dale Amount Due Nov 29, 2022 $3,500.00 Send check to Moontower Er ttrtminment, LLC 5701 W Slaughter lane Suite A130 - #286 Austin, TX 78749 FINAL BALANCE IS DUE ONE {1) WEEK PRIOR TO PERFORMANCE "Credit card option available for a 3% convenience fee. Tax Subtotal $3.500.00 CwAd49 "Health & Safety Addendum" To protect the heath and safety of our performers as well as the guests at yo,i• event, we need you, to acknow edge and agree that the following measures will be taken: Purchaser will: -Abide by any other rules or regulations then in effect in your locality due to Covid•19 and/or Texas state mandates -Ensure that Invited attendees are Wding by Texas -mandated precautions on gatherings and requiring potent al attendees stay home if they are symptomatic or, for a pe• od of 14 days prior to the event, have had known contact with a person who has tested pos t+ve or is a suspected positive (e g , awa Ling test results). ,31 ROUND ROCK TEXAS City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a contract with Moontower Entertainment for Light up the Lake entertainment by Royal Velvetee on Saturday, December 3, 2022. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 12/2/2022 Dept Director: Rick Atkins, Parks and Recreation Director Cost: $3,500.00 Indexes: General Fund Attachments: Moontower Entertainment LUL 12.03.22 Department: Parks & Recreation Text of Legislative File CM-2022-298 Consider executing a contract with Moontower Entertainment for Light up the Lake entertainment by Royal Velvetee on Saturday, December 3, 2022. Cost: $3,500 Source of Funds: General Fund City of Round Rock Page 1 of 1