CM-2023-107 - 5/19/2023i WASSERMAN MUSIC
PERFORMANCE CONTRACT f # 333667 1 PAGE i or 3
BS The Chicago Kid I Old Settlers Park I !bound Rock, TX N Sat, Sun 17, 2023
Callender dpllendHDtaamwase.cam
THIS PERFORMANCE CONTRACT Is dated May , 2023 by and between M.A.F.E. MUSIC LLC ("COMPANY"), which shall fumish the
services of BJ The Chicago Kid ("ARTIST"), and CITY OF ROUND ROCK ("PURCHASER") for the engagement listed below on the
terms and conditions set forth In this Agreement.
This Performance Contract between COMPANY and PURCHASER consists of this principal agreement together with the Additional
Terms and Conditions, ARTIST'S RIDER (if any) and any other exhibits and addenda which are attached hereto and incorporated
herein by this reference (collectively, this "Agreement").
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PURCHASER and COMPANY
hereby agree as follows:
1. ENGAGEMENT / VENUE.,
VENUE: Old Settlers Park (the "Venue')
ADDRESS. 3300 Palm Valley Blvd
Round Rock, TX 78664
United States
DATE OF SHOW: TOD Time: Doors
TBD Time: lade Novah (TBD)
10:OOPM: Bl The Chicago Kid (Subject to Change)
11:30PM: Curfew
Set Time: IO:OOPM
Set Length: 60min
Any changes to set time/slot to be approved In writing by Agent.
June 17, 2023 (the "Date of Engagement")
AGES- All Ages
r COMPENSATION:
$15,000.00 guaranteed to ARTIST (the "Compensation").
PAYMENT T IRMS:
PURCHASER shall pay $7,500.00 (the 'Deposit') to WASSERMAN MUSIC, LLC Immediately upon execution of this
Agreement.
PURCHASER shall pay S 7,500.00 (the "Balance") to WASSERMAN MUSIC, LLC no later than Thursday, June IS, 2023
All payments to be made to Wasserman Musk, LLC hereunder shall be payable by bank wire to:
Wasserman Music, LLC IPMorgan Chase
ACCT: 712339560 New York, NY 10017
ABA: WIRE- 021000D21 ACH: 322272627
SWIFT CODE: CHASUS33
The balance of the Guarantee shall be paid to Wasserman Music, LLC via wire transfer.
4. PRODUCTION:
PURCHASER to provide and pay for Sound and Lights, and Backline approved by ARTIST.
5. 6ILtINO:
100% Headline
6 TICKET SCALING AND PRICES:
DESCRIPTION QUANTITY COMP PRICE TOTAL
Qpaar 5,000 - 0.00 0.00
CAP: 5,000 TOTALS: 5,000 0 :0.00 GROSS POTENTIAL
11 0.00 NET PoleNTIAL
rmance Contract 332967.pdf page I of3
C-1-26 Z.3 /off
r-� WASSERMAN MUSIC
B] The Chicago Kid 1 58tr Jun 17, 2033
SCALING NOTES Free Admvwk�-
P DEDUCTIONS:
PERFORMANCE CONTRACT 1 # 332967 1 PAae 2 or 3
-- 1 (1101 4R1-0100 1 o? oloe.I&
DEDUCTIONS ExCJINC PRICE TYPE
.. NIA ..
8. TA)(ES:
TAXES
AMOUNT TYPf
..WA_.
9 MnRCHANDIse:
No Merchandise.
10. CONTACT DETAILS:
ARTIST:
aI The Chlc"M Kid
N.A.F.E. Murk LLC
1976 La ckn"a mw 0478
Los Anpka, CA 9e034
PROMOTER J PURCHASER:
City of Round Rock
221 East Main 5lraet
Round Rock, Tx 79664
Rick Atkins
S16.9a6.6174
rkkaorou ndroMeMaLgov
PRODUCTION COMPANY OR
City of Round Rock
PERSON:
221 East Maln Snset
Round Rock, TX 7a6H
Rick Atrdins
516.9a6.6174
rk"roundrocktexn.yov
Callender deal enderOteamwass.com
TOTAL
0.00 DIOUCTIONis
TOTAL
f 0.00 AAwls
1 I SPECIAL PROVISIONS:
HOTELS: Purchaser shall provide and pay for one (1) night of hotel accommodations to be mutually
agreeable. Hotel accommodations must be approved by Artist prior to the Date of Engagement.
GROUND TRANSPORTATION Purchaser shall provide and pay for professional ground transportation, at no cost to Artist, for
Artist and ArPst's crew to and from Artist's hotel, airport, and venue for the duration of Artist's
stay. Ground transportation must be approved by Artist prior to the Date of Engagement.
HOSPITALITY; Purchaser shall provide and pay for, at no Cost to Artist, all hospitality requirements as set forth
In Artist's rider attached hereto.
12 ATTACHMENTS:
The Additional Terms & Conditions, Art-st rider, and any Company addenda attached hereto form a part of this Agreement and
are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
IMPORTANT: ONE COMPLETE COPY of this contract and rider, signed by the PURCHASER, must be received by Wasserman Music
via email, fax, or mail, no later than Friday, April 28, 2023.
Performance Contract 332967.pdf page 2 of 3
i4) WASSERMtAN MUSIC
W The Chicago Kid I Sat, Jun 17, 2023
PERFORMANCE CONTRACT I * 332967 1 PAGE 3 of 3
. . i f3302 f07-aa2Q I 131ai 40"AgIN.CM
Callender dcallendermteamwass.com
PURCHASER COMPANY
CLty or Rou" Rock ILA.F.F— Mualc LLC
221 East Main Streat 1916 La Clenega Wvd 843a
Round Rock, TX 78664 ins Meeks. CA 9W34
[� Federal Tax ID: 4S-S47 57
Signature
519nature
Print Name Cornelio Austin
Print Name: Lj� N
J,9 s-T�NT AAAN Business manager
TittyPosltlon
Performance Contract 332967.pdf page 3 of 3
As used herein, the term "Company' shall have the same meaning as the term `Artist Company" as defined in the
facing pages of this Agreement.
1. VENUE:
1.1 Under no circumstances may the Purchaser change the Venue for the Date of Engagement without Agent's
or Company's prior written consent, which may be withheld in Agent's or Company's sole discretion, as
applicable. Notwithstanding anything to the contrary contained herein, a change of Venue by the Purchaser in
the absence of such consent shall constitute a material breach of this Agreement and Purchaser shalt be liable
for the full amount of Compensation due hereunder regardless of the data on which such change takes place.
1.2 In addition to Venue, Purchaser hereby agrees to provide all necessary permits and licenses required by all
applicable laws for purposes of lawfully conducting the Event. Unless otherwise agreed to by Agent in writing
prior to the Date of Engagement, it Is hereby acknowledged and agreed that Artist shall perform in the primary
(main) featured performance area of Venue.
2. DATE(8) OF ENGAGEMENT:
2.1 Artist's appearance on the Date of Engagement (hereinafter, the 'Performance"), together with all other
performances at the Venue on the Date of Engagement, Is hereinafter collectively referred to as the "Event.'
Unless otherwise expressly agreed in writing by Agent. Purchaser may not make any announcements regarding
the Performance contracted for hereunder until Company has received the initial deposit set forth in the
paragraph tilled 'Payment Terns" of the Facing Page(s) of this Agreement and written authorization from Agent
that such an announcement may be made. In the event that Purchaser breaches the terms contained In the
foregoing sentence. Agent or Company may elect to immediately terminate this agreement upon giving written
notioe to Purchaser, without prejudice to any rights or claims Agent or Company may have. In the event of such
termination, Company shall be entitled to retain any payments previously made by Purchaser hereunder and
shall have no obligation to furnish Artist to perform on the Date of Engagement.
2.2 Purchaser hereby acknowledges that, except as otherwise expressly set forth herein, each and every
Deposit payment made hereunder is non-refundable. Contemporaneous with payment of the Deposits)
hereunder and subject to the terms of paragraph 4.1 herein below, Purchaser is being granted the limited right to
Immediately exploit artist's approved name, image and logo (hereinafter, the 'NIL Rights") solely for purposes of
advertising, marketing and promoting the Event and the sale of tickets with respect thereto. Purchaser further
acknowledges that the aforesaid grant of NIL Rights constitutes a value In consideration of the payment of any
and all monies paid to Company hereunder prior to the Date of Engagement. For the avoidance of doubt, except
as otherwise expressly set forth In writing between the parties hereto, the NIL Rights granted hereunder shall
immediately revert to Company upon the earlier of (a) completion of the Performance, (b) material uncured
breach of the Agreement by Purchaser, (c) cancellation of the Performance, or (d) termination of this Agreement
by either party In accordance with the terms hereof.
3. TICKET PRICE:
3.1 Notwithstanding anything to the contrary contained herein, and for the avoidance of doubt, Purchaser shall
be solely responsible for payment of all taxes (including, without limitation, state and focal sales taxes)
associated with the sale of tickets for the Event, If applicable.
3.2 Purchaser shall not charge a surcharge, tax, or fee of any kind in addition to the ticket price stated herein.
3.3 Purchaser shall not Increase or decrease a ticket price, nor charge a fee based on an age differential, without
prior agreement between Purchaser and Agent.
3A The parties hereto hereby agree that a ticketing outlet of Company's choosing shall have the exclusive right to offer
for sale one hundred percent (100%) of all tickets for the Events to be made available for purchase online.
Page i of 9
Purchaser initials
Company initials
3.5 Subject always to the applicable data protection legislation, Purchaser shall make the Database available
to Company free of charge. `Database' shall mean all statistical and demographic data gathered in
connection with ticket sales for the Performance, including, without limitation, e-mail addresses of purchasers
of tickets for the Performance.
4. LINE-UP, BILLING, AND PROMOTION:
4.1 (a) Purchaser shall obtain the approval of Agent by e-mail over all advertisements and promotional
material (including flyer design) using the Artist's name, likeness and/or k)gos prior to producing and/or
disseminating any such materials.
(b)ln respect of the Date of Engagement hereunder, Artist shall receive one hundred percent (100%)
headline billing with respect to all artist performances taking place at the Venue on all materials
distributed by Purchaser to press and public. Artist shall be billed as set forth on the Artist Rider (as
defined in paragraph 15.5 herein below) and in no other way without the prior written consent of Agent.
(c)Purchaser must use Artist's NAMEIIMAGEIUKENESS/LOGO template (hereinafter, the 'NIL
Template") In all Event advertising (including, without limitation, poster, flyer, Internet, radio, TV, and print
advertising). The NIL Template shall be provided by Agent promptly following execution of this
Agreement.
(d)Artisfs artwork must be the predominant graphic element on all advertising.
(e)Purchaser acknowledges and agrees that the Artist's name or likeness may not be connected in any
way with any form of sponsorship or endorsement of any kind, including but not limited to commercial
and political, without the prior written consent of Company. Without limiting the foregoing, there shall be
no sponsorship branding on the stage on which the Performance takes place without Agent's prior
written approval, which may be withheld In Agent's sole discretion.
4.2 (a) Agent shall have the right to pre -approve the talent line-up for the Event.
(b) Company reserves the right to choose the performing artist who will perform Immediately prior to
and/or immediately after Artist's set time.
4.3 (a) Purchaser shall use beat efforts to adequately promote the Performance by manufacturing and
sending announcements, displaying posters, placing advertisements and by utilizing all other
promotional methods that are standard practice in the industry. The costs of promotion shall be borne
solely by Purchaser.
(b)Any materials made available to Purchaser by Agent or Company, including, without limitation,
materials embodying Artist's name, Artist's image and/or logo, and any other Intellectual property owned
or controlled by Artist (hereinafter 'NIL Materials") shall be used solely In connection with promotion of
the Performance on the Date of Engagement and shall remain the property of Company or Artist, as
applicable. Company shall have approval over each use of the NIL Materials hereunder. In the event that
Company determines. in Company's sole discretion, that any use of the NIL materials may adversely
affect Company, Artist or Company's or Artist's Intellectual property rights, as applicable, upon receipt of
Company's written notice of the foregoing, Purchaser will use best efforts to immediately discontinue
dissemination of the promotional materials identified in said notice and shall promptly destroy the unused
materials or return them to the requesting party at Purchasers sole cost and expense.
S. PRODUCTION:
5.1 Purchaser shall provide additional production elements solely to the extent advanced and mutually
agreed upon In writing.
5 2 In the event of a breach of paragraph 5.1 herein above, without limiting any other rights and remedies
Company may have under this Agreement, Company shall (i) have the right to refuse to furnish Artist to
perform on the Date of Engagement and (il) shall be entitled to retain any payments previously made by
Purchaser hereunder. Sound and/or lighting equipment and/or services shall be set forth in the approved
Badkline Rider.
Purchaser Mitlals
Page 2 of 9
Company Initials
S. COMPENSATION:
6.1 Company hereby directs and authorizes Purchaser to make all payments due hereunder as directed in
the Payment Terms of the facing pages of this Agreement.
7. TAXES AND VISAS:
7.1 Purchaser shall pay for any and all taxes (excluding any income or Non-resident Withholding Tax that
may be owed by Company), which may become due In connection with the Performance.
7.2 Notwithstanding anything to the contrary contained herein, Company's federal non-resident withholding
tax amount hereunder may not exceed the required amount established by the applicable tax authority.
Purchaser must make withholding payments to the U.S. Internal Revenue Service and any other applicable
state and/or local tax authority (individually and collectively, the 'Tax Authoriy) In accordance with the terms
of applicable law, but in no event later then thirty (30) days from the Date of Engagement. Purchaser shall
promptly provide Agent with wire confirmation evidencing that Purchaser has withheld and paid over to the
Tax Authority in a timely manner the requisite amount. to the event that Purchaser is in breach of the temps of
this paragraph 7.2 and fails to remedy such breach within five (5) business days of receipt of Company's
written notification of such breach, Company shall have the right to immediately terminate this Agreement by
written notice to Purchaser (the 'Termination Notice') and any and all rights granted to Purchaser hereunder
(including, without limitation, rights of exclusivity) shall be immediately revoked. In the event of any such
termination, within fire (5) business days of Purchasers recelpt of the Termination Notice, Purchaser shall
pay to Agent the balance of the Guarantee and Agent shall become the withholding agent with respect to the
Date of Engagement. Without limiting the foregoing. Purchaser shall be liable for any and all penalties
assessed by the Tax Authority against Company and/or Artist for Purchasers failure to make timely payment
to the Tax Authority of amounts required to be withheld hereunder.
7.3 Under no circumstances may Purchaser make cash payments under this Agreement. Purchaser hereby
acknowledges that (1) Agent will not accept cash deposits as payment hereunder and (ii) any cash payments
made In violation of the foregoing provision will be forfeited to Agent and not be deemed to be compensation
to Company or applied to offset any payments due to Company hereunder.
7.4 Purchaser, where applicable, shall be responsible for obtaining and paying for any work permits and visas
(U.S. work permits excluded) required for Artist and any member of Artist's crew to work legally in country of
performance on the Date of Engagement which shall be valid for the duration of Artisrs stay in country of
performance. Purchaser shall be responsible for paying for any additional costs incurred in obtaining a visa,
including but not limited to courier fees, travel and accommodation expenses, and taxi fare.
II. MERCHANDISE:
8.1 Purchaser hereby gives permission to Company to sell merchandise and other Artist -related products
before, during and after the Performance. Purchaser shall not receive any commission or other remuneration
with respect to such sale of merchandise or other Artist -related products hereunder.
8.2 Notwithstanding anything to the contrary contained herein, Purchaser shall ensure that, in the absence of
Company's prior written to the contrary, no merchandise other than consumables and merchandise sold by
Company's representatives under 8.1 herein above shall be sold at the Venue for the duration of the Event.
9. EQUIPMENT AND HOSPITALITY:
9.1 (a) Purchaser agrees to setup an appropriate performance area that is free from interruption.
(b) Purchaser hereby agrees to provide, at Purchasers sole cost and expense, equipment and technical
specifications set forth on the Artist Rider.
Page 3 of 9
Pumhaaer In *fit
Company Initials
(c) Purchaser shall check all equipment for defects and to ensure proper functioning an the Date of
Engagement prior to the Performance.
9.2 Purchaser shall provide Artist with a dean and comfortable dressing room area conforming to the
specifications set forth on the Artist Rider.
9.3 Company shall have the right to invite the number of guests referred to as "Artist Comps" in the
paragraph tilled Ticket Scaling and Prices" of the Facing Page(s) (`Artist's Guests") to attend on the Date of
Engagement, and each of Artist's Guests shall be given access to the Venue free of charge.
10. RECORDING:
10.1 Company's Recording:
Purchaser hereby acknowledges and agrees that Company and/or anyone engaged, authorized, employed or
supervised by Company, may photograph, video tape, and/or otherwise record, reproduce and distribute
such recordings of the Event including the Performance hereunder ("Recordings"), in whole or in part, in any
manner or media, and any such Recordings from the inception of recording thereof, and all copies
manufacture therefrom, together with the Images and/or performances embodied thereon, shall be the sole
property of Company or Company's designee, as applicable ("Copyright Holder'), throughout the world, free
from any claims whatsoever by Purchaser or any third party (Including, without limitation, Purchasers
affiliates, partners, investors and the Venue owner) ("Third Party'), and Copyright Holder shall have the
exclusive right to copyright such Recordings in its name as the sole and exclusive owner and author thereof
and to secure any and all renewals and extensions of such copyright. Neither Company, Artist nor
Company's or Artist's designee shall have any obligation to obtain permission from or provide credit to
Purchaser, except as otherwise required by law. For the avoidance of doubt, Company shall be solely
responsible for the following in connection therewith: (a) any and all costs and expenses, including without
limitation, additional labor costs that Company may incur In connection with the Recordings (all of such costs
and expenses being specifically excluded from show costs and expenses); (b) any and all liabilities; and (c)
any and all appropriate third party clearances, authorizations and approvals.
10.2 Other Recordings:
Purchaser shall not, and shall not permit any person to, record, broadcast or digitally stream in any manner
whatsoever. Artist's performance without prior express written consent from Artist.
11. CANCELLATION:
11,1 Company Cancellation of Performance:
(a) Without prejudice to any rights, claims or remedies Company may have under this Agreement at law
or in equity, in the event that Purchaser breaches any tern of this Agreement and such breach is not
cured in accordance with the terms of paragraph 14.1 herein below, Company shall have the right 10
immediately cancel this Agreement. Such breaches include, but are not limited to, the following:
(i) Purchaser does not make timely payment to Agent any amount due as set forth on the Facing
Page(s), of this Agreement herein above or otherwise materially breaches the terms of this
Agreement, including, without limitation, as contained in the paragraphs tilled "Compensation" and
"Payment Terms," respectively, of the Facing Page(s), or fails to perform any material obligation
required of Purchaser hereunder; or
(11) On or before the Date of Engagement, Purchaser has failed, neglected or refused to perform any
contract with any other performer for any engagement and, following receipt of Company's written
demand therefor, Purchaser fails to promptly make full payment of the Compensation due hereunder;
Page 4 of 9
Purchaser Initials
Company Initials
(b) In the event of any cancellation by Company under 11.1(a) herein above,
(i) Neither Agent, Company, nor Artist shall be obligated to refund any payments made by Purchaser
hereunder prior to the date on which cancellation takes place, nor shall bent, Company nor Artist
have an obligation to mitigate with respect to amounts owed by Purchaser hereunder;
01) Purchaser shall remain liable to Company for the full amount of the Compensation;
(Ili) Company shall have no obligation to furnish Artist to perform for Purchaser hereunder and
Company may contract with one or more third parties for Artist to perform for such third party(les) on
the Date of Engagement; and
(iv) Neither Company, Agent nor Artist shall be liable to Purchaser for any costs or losses of any kind
whatsoever suffered by Purchaser as a result of such cancellation.
11.2 Purchaser Cancellation of Performance:
If, for any reason (excluding an uncured material breach by Company or a Force Majeure Event as
defined herein below), Purchaser cancels the Performance following the date of execution hereof,
Purchaser shall remain liable to Company for the full amount of the Guarantee due hereunder.
11.3 Cancellation of the Performance due to Force Majeure Event:
(a) Notwithstanding anything to the contrary contained herein, the Performance may be cancelled by
either party due to cause(s) beyond the reasonable control of the parties hereto that would render the
Performance hereunder impossible or make conditions for the Performance hazardous. Such causes
shall include, but not be limited to: acts of God; weather, acts of war; riot; fire; explosion; accident;
flood; sabotage or terrorist act; transportation failure or delay; governmental or court ordered laws,
regulations, requirements, orders or actions including those related to communicable diseases,
epidemics, pandemics or other dangers to public health; injunctions or restraining orders; strike(s) or
Injunction (provided that neither party shall be required to settle a labor dispute against its own best
judgment), technical failures beyond the reasonable control of the parties hereto, or other causes of a
similar or different nature beyond the reasonable control of the parties hereto (hereinafter "Force
Majeure Event'). Neither Company, Agent nor Artist shelf be held liable for any losses, costs or
damages whatsoever suffered by Purchaser due to Artist's failure to perform as a result of a Force
Majeure Event. In the event that the Performance is canceled due to a Force Majeure Event,
Company shall return to Purchaser, within ten (10) days of the cancellation, all monies previously
received under this Agreement less Artists documented, non-refundable travel and accommodation
expenses incurred directly in relation to this Agreement
11.4 Cancellation of the Performance due to Incapacitating Illness or Accident to Artist:
In the event of an incapacitating illness or accident to Artist or essential crew member or the death or terminal
illness of a member of Artisrs family that prevents Artist from being ready, willing and able to perform a Date
of Engagement hereunder, it is understood and agreed that (1) Artist shall not be required to perform the
scheduled engagement(s), (ii) neither Company. Agent nor Artist shall be liable for any costs or losses of any
kind whatsoever suffered by Purchaser and (fii) Purchaser agrees to release Company, Agent and Artist from
any liability with respect thereto. Unless otherwise expressly agreed in writing between the parties, In the
event of cancellation by Company under this paragraph 11.4. Company shall return to Purchaser within ten
(10) business days following the date of Engagement, all sums received by Company under this Agreement.
11 5 Company warrants and represents that Company has accepted this engagement in good faith and will
use Company's reasonable good faith endeavors to cause Artist to fulfill Artist's obligations hereunder.
12. SECURITY AND INSURANCE:
12 1 (a) Purchaser shall be solely responsible to provide a safe environment for the Event Including regarding the
staging, stage covering, electrical grounding supervision and direction of the Performance, and adequate security,
so that the Performance and all persons and equipment are free from adverse weather and other unsafe
Page 5 of 9
Purchaser Initials
Company Initials
conditions, situation and events ("Dangerous Conditions'). Dangerous Conditions may Include but not be limited
to faulty or insufficient electrical power, Inadequate or unsafe staging; Inadequate crash barrier; rain penetration
or any other hazardous condition which, in the reasonable opinion of the Artist or Artist, may result in damage or
Injury to Artist or Artist's equipment, or to anyone engaged or furnished by Artist, or to any other persons or
equipment for whom or which Artist may be held responsible. Artist and Artist shall not have any liability for any
damage or Injury caused by such Dangerous Conditions except to the extent such is solely and directly caused
by Artist's or Artist's negligence or willful misconduct.
Notwithstanding anything to the contrary contained herein, Artist reserves the right to decline to furnish Artist
perform if, in its sole discretion, Artist deems conditions at the Venue to be Dangerous Conditions. In the event
that the Performance is cancelled due to Dangerous Conditions (as defined in paragraph 12.1(a) herein above),
Purchaser shall be obligated to pay Artist one hundred percent (100%) of the Compensation due in connection
with the Performance cancelled.
Purchaser will provide and pay for an adequate number of sober, able-bodied and clearly identifiable
professional security persons for the scale of the Event and in accordance with the terms of the Artist Rider
Security must ensure safety of Artist and Artist's equipment, personal property, Artist's crew and vehicles for the
duration of the Artist's stay at the Venue (including, without limitation, the parking facilities and surrounding
grounds).
12.2 (a) Purchaser agrees to provide public and general liability Insurance coverage (including automobile,
liability and comprehensive) to protect against any claim for personal injury or property damage or otherwise
brought by or on behalf of any third party, person, firm or corporation as a result of or in connection with the Date
of Engagement, including as a consequence of the installation and/or operation of the equipment provided by
Artist. In addition, it is agreed that Purchaser shall maintain in effect a policy of workmen's compensation
Insurance covering all of its employees and other personnel who are involved to the installation, operation and or
maintenance of the equipment provided by Producer. The Purchaser further agrees to provide full insurance
coverage for all equipment provided by Artist or Artist's agents, contractors and employees against fire, that. riot
or any other type of act that would cause harm or damage to equipment. Without limiting the foregoing.
Purchaser shall also secure and maintain a commercially standard event cancellation Insurance policy for the
Event which does not exclude cancellellon for a Force Majeure Event or an Inclement weather cancellation,
except for the following exclusions: acts of war; failure of means of transportation; terrorist act; governmental or
court ordered laws, permitting, zoning, licensing or other city/municipallstatelparish issues, or other commercially
reasonable exclusions. Purchaser shall supply Agent with cartilicates of Insurance showing coverage of the
above at feast ten (10) days prior to the show date. However, if said certificate is not received by Agent prior to
the above date, then Company at Company's election may terminate this Agreement. If Company elects to
furnish Artist to perform the Engagement and the certificates of insurance have not been received, Purchaser is
still solely responsible for complete coverage as specified above.
Purchaser shall obtain and maintain, from the date hereof through completion of the Engagement, commercial
general liability Insurance coverage as required under sub paragraph 12.2(s) hereinabove and shall name
Company, Artist, and Agent as additional named Insureds in an amount of not less than Three Million Dollars
($3,000,000) per occurrence (but in no event in amounts less than the limits require by the venue) and workers
compensation and employer's liability insurance (including stop gap liability where applicable) with minimum
limits of One Million Dollars ($1,000,000) per claim (but in no event in limits less than those required by law
and/or leas than the limits required by the venue and/or as set forth in the Artist rider, if any).
Purchaser hereby agrees to indemnify and hold Company, Artist, Agent and their contractors, employees,
licensees, designees and agents (individually and collectively, the 'Artist Indemnitees') harmless from and
against any loss, damage or expense including reasonable attorneys' fees incurred or suffered by or threatened
against the Artist Indemnitees in connection with or as a result of any claim for personal injury or property
damage or otherwise brought by or on behalf of any third party, person, firm, entity or corporation as a result of
or in connection with the Engagement, which claim does not result directly from the gross negligence or willful
misconduct of Artist and/or Company's employees, contractors, licensees, designees or agents.
Purchaser also hereby indemnifies the Artist Indemnitees from and against any and all loss, damage or expense
resulting from any damage or destruction to Artist's equipment or that of its employees, contractors
Page 6 of 9
Purchaser Initials
Company Initials
13. PURCHASER'S WARRANTIES AND REPRESENTATIONS:
13.1 Purchaser hereby acknowledges that Agent is only responsible for procuring bookings and may not be
held liable for any breach of contract by Company or Artist hereunder or under any other agreement between
Company or Artist and Purchaser.
13.2 Intentionally Omitted.
13.3 Purchaser represents and warrants that Purchaser is the responsible party for making all payments
hereunder and has sufficient funds, financing and/or insurance to honor all of Purchaser's obligations
hereunder.
14. DEFAULT, NOTICE AND CURE:
14.1 Except as otherwise expressly set forth herein, neither party to this Agreement shall be deemed to be in
breach of any of its obligations hereunder unless the party not in breach serves specific written notice of such
alleged breach upon the party in breach and the party in breach shall have failed to cure such breach, if any,
within five (5) business days following receipt of such written notice (but in no event later than 5:00 p.m. EST
on the date that is three (3) business days prior to the Date of Engagement hereunder).
14.2 All notices to be given to either party hereto shall be In writing and shall he delivered to the addressee at the
respective addresses herelnabove set forth, or such other address or addresses as may be designated by either
party, by (I) mail (registered, or certified, return receipt requested, postage pre -paid); (ii) overnight courier with prof
of receipt; (iii) telefax (with a copy by express courier service); or (iv) e-mail (provided recipient has responded by
email or otherwise in writing to confirm receipt). Notices shall conclusively be deemed to have been given seventy-
two (72) hours after the dale of mailing or twenty-four hours (24) after the date of transmission by telefax or e-mai.
The addresses of the parties, until further notice to the contrary, are as first written above.
15. MISCELLANEOUS:
15.1 This Agreement sets forth the entire understanding between the parties, oral or written, regarding the
subjed matter hereof, and supersedes all prior or contemporaneous negotiations or understandings
between the parties. No amendment, modification, or waiver of these Terms will be valid unless set forth in
a written Instrument signed by both parties hereto. Should any portion of this Agreement be deemed null
and void under the law, the remainder shall remain in full force and effect.
15.2 Intentionally Omitted.
15.3 (a) This contract shall be governed by and construed under the laws and judicial decisions of the Stateof
Texas. All claims and disputes arising out of the interpretation, performance or breach of this
Agreement shall be submitted exclusively to the jurisdiction of the courts of the State of Texas (state
and federal) located in Williamson County.
(b) The prevailing party in any legal action (after all appeals have been taken or the time for talking such
appeals has expired) brought by one party against the other and arising out of this Agreement shall be
entitled, in addition to any other rights and remedies available to It at law or in equity, to reimbursement for
its costs and expenses (including court costs and reasonable fees) incurred with respect to the bringing
and maintaining of any such action. The term 'prevailing part7i' for the purposes of this paragraph shall
include a defendant who has by motion, judgment verdict or dismissal by the court, successfully defended
against any claim that has been asserted against it.
15.4 All rights not expressly granted herein are reserved to Purchaser, Company and Artist.
15.5 Additional riders supplied by Company, including, without limitation. Artist's technical and hospitality
riders (individually and collectively, the 'Artist Rider") are annexed hereto and made a part hereof.
15.6 Facsimile and scanned copies hereof shall be deemed to be originals.
15.7 Wherever in this Agreement approval or consent is required, communications may be made via e-mail
and approvals made via e-mail shall be deemed written approvals for purposes of this Agreement.
Page 7 of 9
Pur0aw Initials
Company Initials
15.8 This Agreement may be executed In counterparts, each of which shall be deemed an original but all of
which together shall constitute the some instrument. The counterparts of this Agreement may be executed
and delivered by electronic or digital means and the receiving party may rely on the receipt of the
electronically or digitally signed or delivered document as a binding and enforceable agreement.
15.9 Purchaser may not transfer or assign this Agreement or any rights, interests or obligations without the
prior written consent of Company. Any assignment in violation of this paragraph 15.9 shall be void.
Page 8 of 9
Purchaser Weis
Company trWals
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Agreement with BJ The Chicago Kid for Juneteenth Event at Old Settlers Park on
June 17, 2023.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 5/19/2023
Dept Director: Rick Atkins, Parks and Recreation Director
Cost: $15,000.00
Indexes: General Fund
Attachments: BJ The Chicago Kid Signed Contract
Department: Parks & Recreation
Text of Legislative File CM-2023-107
Agreement with BJ The Chicago Kid for Juneteenth Event at Old Settlers Park on June 17, 2023.
Cost: $15,000
Source of Funds: General Fund
City of Round Rock Page 1 of 1