Loading...
CM-2024-137 - 5/3/2024YG Music, Inc, Contract Number: RL-061524LP PURCHASER ENGAGEMENT CON7nd This agreement ("Agreement") is maered into on April 1, 2024 by and between Goldies Playhouse LLC,flslo Lloyd, locateWest Flamingo Rd Suite 110-474, Las Vegas, NV 89147 ("Talent" or "Talent Representation")und Rock Texas (Purchaser). For the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Talent and Purchaser hereby agree as follows: 1- RIGHTS GRANTED Purchaser agrees to engage the talent, Lloyd ("Talent') to appear at the following engagement according to all the conditions and terms contained herein: Talent: Lloyd Venue Name: Old Settlers Park Date of Appearance: June 15, 2024 Venue Location: 3300 E Palm Valley Blvd, Round Rock, TX 78665 Talent Obligation: 40 min Full Band Performance Time of Appearance: TBD Total Length of Appearance including Talent Obligation: 60 Minutes Purchaser Obligation: Flat Fee of $35,000.00 All in plus Hospitality and Tech Rider. Any change in the above itinerary shall be subject to Talent's prior approval. If any information as required above is not set forth at the time of issuance of this Agreement, Purchaser agrees to notify YG Music, Inc. of the missing information, in writing, no later than 7 days prior to contracted event. 2. PAYMENT TERMS: Purchaser will pay the total fee of Thirty -Five Thousand US Dollars ($35,000.00) the "Total Fee', of which Twenty -Six Thousand Two Hundred Fifty US Dollars ($26,250.00), shall be paid to, posted and cleared in the Talent's business banking account within 24 hours, no later than, April 3, 2024 such deposit should be wired to Goldies Playhouse LLC, Bank of America, Account # 601029931950, Bank Routing #122400724. Balance of Eight Thousand Seven Hundred Fifty US Dollars, ($8,750.00), shall be paid via cashier's check or cash upon arrival to venue or City. Failure by Purchaser to pay the Talent Fee and ALL other fees listed above as scheduled herein, constitutes a material breach of this Agreement by Purchaser and subject Purchaser to forfeiture of any and all previous deposits made in connection with this Agreement. ABSOLUTELY NO ADVERTISING MAY TAKE PLACE UNTIL 75% DEPOSIT IS RECEIVED BY YG MUSIC, INC. 3. ARTIST HOSPITALITY AND TECHNICAL RIDER: Purchaser will provide certain provisions for the Talent's Technical and Hospitality requests listed in Talent's official rider document provided by the Talent Representation. Parking fees for all parties related to the artist, including the YG Music, Inc. Facilitator Representative, shall be covered and paid in full by Purchaser on the day of the event. I e event that Purchaser is responsible for providing travel. Purchaser will ensure that TgLOW prove confirmed and purchased roundtrip flexible First Class airfare referred commercial air i a , and all members of the Talent's Tr re provided with a confirmed and purchased round trip n same co it ines as Talent. TRAVEL. ITINERARIES MUS TED TO YG Music, Inc. FOR APPROVAL NO LATER THAN 7 DA TO DEPAR E. FLIGHTS SHOULD NOT BE PURCHAS IOR CONFIRMED WITHOUT WR PROVAL FROM TALENT REP NTATIVE. In the ev at Purchaser is responsible for providing lodging. Purchaser will ensure lent is pro ' d with a confirmed and purchased hotel suite and a standard king room for all members T nl's Travel Party at a four (4) to five (5) star hotel. Purchaser will nfir i-Fi Internet service , m and suite for Talent and all members' arty. HOTEL INFORMATION MUS YG coMusic, Inc. FOR APPROVAL NO LATER THAN 7 D TO DEPARTURE D NOT BE PURCH /OR CONFIRMED WITHOUT will APPROVAL NT SENTATIVE. In the event that Purchaser is responsible for providing ground transportation. Purchaser shall confirm and purchase ground transportation to and from all required locations. Purchaser shall ensure that all ground transportation is handled by certified, insured, and licensed drivers. All ground transportation must be a legally registered, seven passenger, late model 5UV with tinted windows. T 4. USE OF TALENT'S LIKENESS AND/OR IMAGE: The Talent grants to Purchaser the following rights: (a) subject to the Talent's written approval, the right to use any and all images of Talent for distribution of flyers and/or promotional materials prior to and during the date of show; (b) the right to use Talent's name, likeness, voice recordings on video and approved pictures and/or flyers to publicize and advertise this event subject to this Agreement, (c) the right to a minimum of one posted promotion on the official and/or personal social networking site including, but not limited to, Twitter within a reasonable time after the 50% deposit to Talent's business banking account, or in the case of same day promotion/event, immediately following receipt of 50% deposit to Talent's business banking account is confirmed. It is agreed and understood that any and all tools used for promotion of this event, including but not limited to ad mats, flyers, electronic flyers, text/email blasts, posters, newspapers or any other media advertising or posts on any social networks, must be submitted to YG Music, Inc. for the Talent(s) approval prior to being released for use. If purchaser proceeds with any form of unapproved advertising then it will be deemed a material non - curable breach and artist shall be excused from attending the event and buyer will forfeited the amounts paid to Talent. 5, C RMATION: This Agreement a of are CONFIDENTIAL_ and the Talen ser are prohibited from releasing any information rega to contact information, and/or 1 pricing, fees, or costs between one another or t ce tual Agreement, and all information herein regardin s orwarded, given or viewed by any pe wr wed j%� in original contr ement. Violation of this clause will result in a breach of this agreement. y,Q(1 6. REPRESENTATION, DISCLAIMERS AND LIMITATIONS: REPRESENTATIONS AND WARRANTIES: Each party represents and warrants to the other party that: (a) it has the full right, power and authority to enter into this Agreement and perform its obligations hereunder, (b) its execution, delivery and performance of this Agreement, and the other party's exercise of rights under this Agreement, will not conflict with or result in a breach or other violation of any agreement or other third party obligation by which it is bound; (c) when executed and delivered, this Agreement wil, constitute its legal, valid and binding obligation enforceable against it in accordance with its terms except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws relating to or affecting the enforcement of creditors' rights generally, or by general equitable principles; and (d) it will comply with all applicable laws in its performance of this Agreement. LIMITATIONS: Except to the extent awarded to a third party in a judgment against which party is entitled to indemnification, or to the extent arising out of an intention breach of this agreement, neither party will be liable (whether in contract or tort (including negligence), to the other party or any other person or entity for the cost of cover or for any indirect, incidental, special, consequential, punitive or exemplary damages (including damages for loss of profit, business or data) arising out of this Agreement (excluding sums payable pursuant to the express terms of this Agreement), whether in contract or tort (including negligence) or otherwise, will not exceed the greater of (a) one hundred thousand dollars ($100,000) or (b) the cumulative amount paid to the Talent. INDEMNIFICATION: Each of the Talent and Facilitator (as applicable, the Indemnifying Party") will defend, indemnify, and hold harmless the other party (the'lndemnifted Party") and its affiliates (and their respective employees, directors, and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorney's fees) arising out of any claim to the extent such claim is based on any actual or alleged breach of the Indemnifying third Party's representations, warranties, or obligations set forth in this Agreemeri� � �, ,l�u� ,��!p�( _ �pN# TERMINATION: Either party may terminate this Agreement if the other party is in material breach of any obligation hereunder, and such breach is not cured within thirty (30) days of written notice from the non -breaching party, unless the breach is of nature which is permanent and not capable of cure, in which event of termination will be effective upon notice. Except as otherwise provided herein, the rights and remedies of the parties provided herein will not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. SURVIVAL.: The provisions of Sections 2, 3, 5, 6 and 7 will survive the expiration or termination of this Agreement. 7. MISCELLANEOUS: CHOICE OF LAW; JU ON: This Co,qVdFt shall be governed by and nstrued in accordance with the laws of the state of without regards to conflict of w. The parties agree that all disputes arising out of this Agreement, shall be resolved in is the exclusive venue for any proceedings regarding this Agreement brought by either party and that any legal proceedings arising out of or relating or relating to this Agreement, including negotiations hereof, will be brought exclusively in the courts o ada FORCE MAJEURE: a Neither party will be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reasons of force majeure, such as acts of God, fire, flood, earthquake, provided that such party gives the other party written notice thereof promptly of such delay or prevention and uses its best efforts to �+ continue to perform its obligation or cure any breach. �JG ASSIGNMENT: ag The Purchaser shall not have the right to assign or transfer agreement, or any provision thereof without prior written consent from the Talent. In t event that this Agreement is breached, the breaching party will be responsible for al ourt costs and legal fees• mmv +o CANCELLATION: THE TALENT(S) OBLIGATION TO FULFILL CONTRACTED DUTIES HEREUNDER SHALL BE EXCUSED IF TALENT(S) OR ANY OF THEIR GROUP MEMBERS OR ESSENTIAL ,,,�// ROAD CREW IS UNABLE TO FULFILL CONTRACTED OBLIGATIONS AS A RESULT OF i/V*4 ILLNESS OR INJURY; ; DETENTION RESULTING FROM INABILITY OR OTHER MANIFESTATIONS OF CIVIL STRIFE; STRIKES OR OTHER [ FORMS OF LABOUR DISPUTES; EPIDEMICS; AN ACT OR ORDER OF PUBLIC c.��(JX AUTHORITY OR COURT; ANY ACT OF S T STES : IN SUCH EVENT THE TALENT(S) I't' WILL NOT BE REQUFM TO FULFILL CONTRACTED OBLIGATIONS HEREUNDER AND SHALL RETURN TO THE PURCHASER ALL MONIES THEREFORE TO BE PAID; COSTS INCURRED BY THE TALENT(S) AND THE PURCHASER SHALL HAVE NO FURTHER y.Ir LIABILITY OR OBLIGATION REGARDING HE ENGAGEMENT. UPON WRITTEN CANCELLATION, TALENT MAY CANCE LL OBLIGATIONS ASSOCIATED WITH THIS AGREEMENT GIVING A MINIMUM OF DAYS NOTIFICATION. IN SUCH CASE, TALENT AGREES TO ACCEPT RESPONSIBIL Y TO RETURN AND REIMBURSE THE FACILITATOR FEE TO PURCHASER. In event of cancellation caused by the Talent's unexcused inability to fulfill contracted obligations, the Purchaser reserves the right to cancel the entire Agreement and be reimbursed by the Talent for any monies incurred in the advertising, promotion, reservation and technical rentals & set-up of facilities for the production and any other out of pocket expenses incurred by the Purchaser, as well as the right to enforce any other remedies allowed by law, and the Purchaser will be relieved of any responsibility under this Agreement in such event. In the case of cancellation by the Talent's inability to fulfill these contracted obligations, Talent accepts the responsibility of reimbursing the facilitator booking fee and any expenses incurred related to this contracted event and YG Music, Inc. will not be held liable or responsible for reimbursement of the facilitator fee. WAIVER: To be effective, any waiver by a party of any of its rights or the other party's obligations under this Agreement must be made in a writing signed by the party to be charged with the waiver. Waiver of any breach of any term or condition of this Agreement will not be deemed a waiver of any prior or subsequent breach. No failure or forbearance by either party to insist upon or enforce performance by the other party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will be and remain in full force and effect. SEVERABiLITY: If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible as to effectuate the intent of the parties, and the remainder of this Agreement will continue in full force and effect. NOTICES: Any formal notice under this Agreement given by either party to the other party will be in writing and, to be effective, must be sent to the intended recipient by prepaid registered letter, receipted commercial courier, or electronically receipted facsimile transmission at its address and to the attention of the officer specified below with its signature below. CONSTRUCTION: The headings of Sections and subsections of this agreement are for convenience of reference only and are not intended to affect the interpretation or construction of any provision of this Agreement. Each party acknowledges that it has had the opportunity to review this Agreement with legal counsel of its choice, and there will be no presumption of ambiguities will be construed or interpreted against the drafter, and no presumptions made or inferences drawn because of the inclusion of a term not contained in a prior draft or the deletion of a term contained in a prior draft. COUNTERPARTS; ELECTRONIC COPIES: This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but which collectively will constitute one and the same instrument. For purposes hereof, a facsimile or electronic copy of this Agreement, including signature page hereto, will be deemed to be an original. EXECUTION OF THIS AGREEMENT: This Agreement shall not be binding unless signed by all parties hereto. If an agreement regarding this scheduled event is not signed by Talent Representation and Purchaser of this event and secured by Facilitator then this agreement remains unbinding and is void. YG Music, Inc. is acting as a Principle for Lloyd and not as principal for both to Purchaser and Jr.,Talent, and as such accepts no liability for any acts, failures, errors or omissions on the part of the Purchaser. YG Music, Inc. is not bound to this agreement until an official contractual agreement is signed and secured by both Talent management and Purchaser. IN WITNESS WHEREOF, Talent, Purchaser, and Facilitator have caused this Agreement to be executed and delivered by their respective duly authorized officers. (by signing below I confirm and agree to have been given and have reviewed the contents of this Agreement, the Talent's official rider requirements in its entirety, and agree to uphold all requirements and obligations requested of me on all of the mentioned documents). Talent Repr to Vv By: Name: Ryan Lewis Date: April 23, 2Q24 Purchaser: By: Name: Date: D g 1 3 0/ 2" 01 [