HomeMy WebLinkAboutresolution.council.136-24RESOLUTION # 13 6
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN
AND MAJOR LEAGUE B OOKING TALENT AGENCY ON BEHALF OF THE
ARTIST AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council a contract for
performances at the Wheeler Opera House, between the City of Aspen and Major
League Booking Talent Agency on behalf of the Artist, a true and accurate copy of
which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves that Contract for
performances at the Wheeler Opera House, a copy of which is annexed hereto and
incorporated herein, and does hereby authorize the City Manager to execute said
agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 12th day of November 2024.
Torre, Mayor
I, Nicole Henning, duly appointed and acting City Clerk do certify that the
foregoing is a true and accurate copy of that resolution adopted by the City Council
of the City of Aspen, Colorado, at a meeting held, November 12, 2024.
Mike Sear, Deputy City Clerk
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ML
Rob Prinz
Booking 2049 Century Park East, Suite 1400
Talent Los Angeles, CA 90067
A enc (424) 238-1763
g y rprinz@mlbooking.com
Agreement made this November 5, 2024 between Columbus 81 Productions, Inc. (EIN:
General 95-4536958) ("Lender") f.s.o. Jerry Seinfeld ("Artist"), on the one hand and the City of
Aspen ("Purchaser"), on the other hand. Lender and Purchaser hereinafter are collectively
referred to as the "Parties" and each individually as a "Party". In the event the Artist is
contracting as an individual , without a loanout company, all reference to Lender shall be
replaced with Artist.
It is mutually agreed between the Parties as follows: The Purchaser hereby engages the
Lender to provide the services of Artist and the Lender hereby agrees to cause Artist to
furnish the entertainment presentation hereinafter described, upon all terms and
conditions herein set forth, including those additional terms and conditions issued with
this Agreement and attached hereto and made a part hereof 'Additional Terms and
Conditions'.
Artist: Jerry Seinfeld
Engagement Details Date: Performance 1 & 2: Saturday, March 15, 2025
TIME:
• Performance 1: 6000 PM
• Performance 2: 9:00 PM
LOCATION: Wheeler Opera House / 320 E Hyman Ave, Aspen, CO 81611
SHOWS PER NIGHT: 2
Compensation Details, Payment Schedule, and Electronic Payment Details are
set forth in Exhibit A.
Contract:
Buyer signed contract and rider due no later than ten (10) business days from
date of issuance but must be prior to any announcement, advertisement, or on -
sale.
DUE DATE: No Later Than November 14, 2024
MAJOR LEAGUE BOOKING 1
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Scale of Admission
Performance
Details
Performance 1-2:
PERFORMANCE DATE: As listed uncler Engagement Details (page 01)
Ticket Type #of Tickets Price/Ticket Gross by Type Less Comps
Less Kills Total By Type
P1 126 $11000.00 $126,000.00 6 0 $1201000.00
P2 154 $350.00 $53,900.00 4 0 $52,500.00
P3 81 $150.00 $12,150.00 0 0 $12,150900
P4 106 $75.00 $7,950.00 6 0 $71500.00
Obstructed 14 $75.00 $1050000 0 0 $1050600
Boxes 20 $280900 $5,600000 0 0 $5,600000
Gross Performance Box Office: $206,650.00 (Less Comps and Kills): $198,800.00
Net Performance Box Office Per Show: $198,800.00
Additional Notes:
• Artist to receive six (6) P1 complimentary tickets per show.
• Emergency FOH to receive four (4) P2 complimentary tickets per show.
• Venue to receive six (6) P4 complimentary tickets per show.
• No Platinum or dynamic pricing without Artist's prior written approval.
TOTALS for 2 Performance:
Total Gross Potential: $413,300.00
Iota! Net Potential: $3979600.00
Performance 1 & 2: Saturday, March 15, 2025
Billing: 100% Top Billing and Will Close Show
Event Capacity: 501 per show
Sound Lights Information: Purchaser to provide and pay for first class sound and
lights to Artist's specifications
Supporting Acts: Purchaser to pay for Artist supplied opener, TBD
Doors Open:
• Performance 1: 5:00 PM
• Performance 2: 8:00 PM
Show Time:
• Performance 1: 6:00 PM
• Performance 2: 9:00 PM
Show Duration: Support Fifteen (15) Minutes /Headliner Sixty (60) Minutes
Promoter Contact: Mike Harrington / mike.harrington@aspen.gov / 970-319-
1009
Advance Contact: Malia Machada / malia.machado@aspen.gov / 970-920-5773
Production Contact: Michael Baca / michael.baca@aspen.gov / 970-920-5785
Security Contact: Alex Glen / alex.glen@aspen.gov / 970-920-5784
MAJOR LEAGUE BOOKING 2
Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
PRINZ: JS03152025
Box Office Contact: Ginger Kennington / ginger.kennington@aspen.gov / 970-
920-5771
RESTRICTIONS:
Additional Clauses *No food/beverage service will be provided to guests during performance.
/ Conditions
*No audio/video recordings of the performance are allowed.
*There must be no "dance floor" or any other type of open area aside from seating areas
in front or to the sides of the performance area.
*All Artwork including Artist's name/likeness to be approved in writing in advance by
Artist's representative at ML Booking.
TECH SPECS: Purchaser to provide floor plan of venue (to include placement of video
screens) for approval by Artist's management no later than 30 days in advance of
engagement. Video Screens, if used, must be out of Artist's view.
INCLEMENT FORCE MAJEURE: The agreement of the Artists to perform is subject to
proven detention by sickness, accidents, riots, strikes, epidemics, acts of God, or any
other legitimate conditions beyond his control.
RIDER REQUIREMENTS: Purchaser to provide and pay for Artist rider requirements,
including dressing room and catering, per Artist's specifications.
BILLING: All Artist billing for the performance, including, without limitation, font size, and
positioning shall be subject to Artist's prior written approval, and Purchaser shall not
announce Artist's performance prior to obtaining such approval. This provision is a
material provision of this agreement.
ADVERTISING/PROMOTION: All advertising, promotion, and/or publicity (including,
without limitation, print/radio/internet/TV) is subject to Artist's prior written approval.
CANCELLATION: Purchaser agrees that Artist has the right to cancel its performance
with no liability by giving written notice to Purchaser at least thirty (30) days prior to
Artist's performance date listed herein. In the event of cancellation, Artist shall return to
Purchaser all funds paid under this Contract to Artist within thirty (30 days of
cancellation.
MAJOR LEAGUE BOOKING 3
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PRODUCTION: Purchaser to provide and pay for first-class sound, lights, staging,
security, backline and monitors as per Artist's specifications.
HOSPITALITY/CATERING: Purchaser to provide and pay for hospitality and catering,
including dressing room, per Artist specifications.
REPRODUCTION OF PERFORMANCE: Unless approved, in wrng, by Artist prior to the
performance, absolutely no photography or recording (e.g., cameras, audio recording,
video cameras, cell phone cameras, cell phone videos, etc.) (collectively, an" Unauthorized
Recording") of any kind shall be permitted during the performance. In the event of an
Unauthorized Recording, and at the request of the Artist, any patron violating this policy
shall be immediately escorted from the venue and any Unauthorized Recording shall be
immediately destroyed. Artist reserves the right to cease the performance in the event of
an Unauthorized Recording, without any obligation of the Artist to continue the
performance ; provided, however, that in the event Artist chooses to cease the
performance in accordance with and due to a violation of this policy, Artist shall still be
entitled to any and all compensation under this Agreement. Notice of this policy must be
announced to the audience prior to the performance.
If prior written consent from Artist has been obtained by Purchaser prior to the
performance ,Purchaser may videotape the audience during the performance for
surveillance and security purposes, only to the extent permitted by law. Said surveillance
videotape shall (1) not show or record the performance of Artist, (2) be used by
Purchaser only for security purposes, and (3) not be used by Purchaser (or any other
p)rty) for any commercial or non-commercial purposes, except as may be expressly
provided for in Artist's written consent. Upon written request by Artist to Purchaser, all
copies of the surveillance tape shall be promptly delivered by Purchaser to Artist.
Notwithstanding the foregoing, Purchaser's house photographer, after signing photo
release form provided by Lender, shall be permitted to photograph the first three (3)
minutes of Artist's performance.
TICKET COUNTS: Purchaser shall provide ML Booking with updated and accurate ticket
counts and manifest (when requested) within 24 hours of Artist's request. Automated
ticket counts may be emailed to ticketcounts@mlbooking.com.
SECURITY: Purchaser to provide First -Class Security (a combination of uniformed/plain
clothes, armed/unarmed) for Artist for the duration of the event to Artist specifications
as well as ensure that all guests and working personnel must pass through metal
detectors or be wanded prior to entering the venue.
SOUNDCHECK: Artist's representation will be on -site day of the show to run through
sound check and advise on use of IMAG and video screens. Video screens, if used, must
be out of the Artist's view.
MEET &GREET: Purchaser requests that Artist participate in a fully contactless brief (10-
15 minutes max) photo opportunity with no more than twenty (20) of Purchaser's VIP's
either before or after Artist's performance, at Artist's discretion. Details to be advanced
with Artist's representation as soon as possible, but no later than 2 weeks prior to the
event, to verify all COVID-19 protocols are being followed.
MAJOR LEAGUE BOOKING 4
Docusign Envelope ID: C780CO2MEA14D51-ACAD-CFM967DA1 BC
MEMORABILIA: Artist agrees to sign up to twenty (20) posters & thirty (30) copies of Is
This Anything? Both to be purchaser -provided: must be advanced. Items are to be raffled
at no additional cost to P1 ticket holders and not to be sold.
EXCLUSIVITY: Artist guarantees that no appearance, performance, speech or other
public or private performance shall be made by Artist during three (3) months before or
three (3) months after the performance agreed to herein within a radius of sixty (60)
miles of Aspen, CO without the prior written consent of Purchaser.
Signatures
Columbus 81 Production
Jerry Seinfel
Inc. f.s.o.
with a mailing address care of MAJOR LEAGUE BOOKING, LLC
2049 Century Park East, Suite 1400
Los Angeles, CA 90067
Tel: (424) 2384763
Sara Ott, Aspen City Manager
DocuSigned by:
2DA4D214EE1942B.40
City of Aspen
427 Rio Grande Place
Aspen, CO 81611
970-920-5083
sara.ott@cityofaspen.com
MA.J4R LEAGUE BC}C�KiNG 5
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Notes:
All copies of this contract and attached riders are to be signed and returned
to MAJOR LEAGUE BOOKING, I.I.C. The above signatures confirm that the
parties have read and approved each and all of the "Additional Terms and
Conditions" set forth attached hereto and made part hereof, and of any
rider, expense sheet, and/or addendum which may be annexed hereto.
MAJOR LEAGUE BOOKING 6
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ADDITIONAL TERMS AND CONDITIONS
The parties hereto acknowledge that the following additional terms and conons are incorporated in and
made a part of the Agreement between the parties hereto:
1. Purchaser agrees to furnish at its own expense all that is necessary for the proper presentation of
the performance(s) and rehearsals (if required by Artist), including without limitation a suitable
theatre, hall or auditorium, well heated, lighted, and in good order, a level, stable and unobstructed
stage, stage curtains, properly tuned (grand) pianos) and public address system in perfect working
condition including microphones) in number and quality as required by Artist, and private,
comfortable, lighted and lockable dressing rooms with private restrooms; all stagehands, stage
carpenters, electricians, electrical operators and any other labor as necessary and/or required by
any national or local union(s) to take in, hang, work and take out the entertainment presentation
(including scenery, properties, and baggage); all lights, tickets, house programs, all licenses
(including, without limitation, musical performing rights licenses); security, ushers, ticket sellers for
advance or single sales (wherever sales take place), ticket takers; appropriate and sufficient
advertising and publicity , which may include bill -posting, mailing and distribution of circulars,
display newspaper advertising in the principal newspapers, digital advertising and social media
posts, and Purchaser shall pay all other necessary expenses in connection therewith. Purchaser
agrees to pay all applicable local, state and/or federal rental, amusement, sales or other such taxes
as required by law. Purchaser agrees to comply with all regulations and requirements of any
national or local union(s) that have jurisdiction over any of the materials, facilities, services, and/or
personnel to be furnished by Purchaser and/or by Lender. Purchaser agrees to furnish all
necessary material and equipment and to comply with Artist's directions to arrange the stage
decor and settings for the performance hereunder. In addition to those musicians, if any, to be
furnished by either Lender or Purchaser pursuant to any other provision hereof, Purchaser agrees
to furnish at its sole expense such musicians, including musical contractor, as required by any
national or local union(s) for and in connection with this engagement and any accompanying
rehearsals; Artist shall have the right to name the local music contractor and to approve the choice
of musicians hired locally.
2. Artist shall have the sole and exclusive control over the production, presentation, and
performance of the engagement hereunder, including, but not limited to, the details, means and
methods of the performances of the performing artists hereunder, and Artist shall have the sole
right, as Artist may see fit, to designate and change at any time the performing personnel. Unless
otherwise provided for under the Performance Details or Additional Clauses/Conditions of this
agreement, the entertainment presentation to be furnished by Artist hereunder shall receive billing
in such order ,form, size and prominence as mutually agreeable or approved by Artist in all
advertising , marketing and publicity issued by or under control of the Purchaser.
3. If Lender and/or Artist's performance is prevented, materially interrupted, rendered impossible,
unsafe, or unfeasible by an Act of God, any actor regulation of any public authority or bureau, civil
tumult, labor difficulties, war conditions or emergencies, pandemic and/or epidemic, inclement
weather (severe enough to create a threat to public safety and/or individuals present at the
performance, based on the determination of local public authorities), interruption or delay in Artist
transportation services , death, illness or accident to Artist or any of its immediate family or any
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other cause beyond the reasonable control of the affected Party (for any reason beyond Lender
and/or Artist's sole control each a "Force Majeure Event"), it is understood and agreed that the
applicable performance shall be canceled, the Parties' obligations shall be deemed waived, and
there shall be no claim for damages by either Party. Upon the occurrence of a Force Majeure
Event, Lender, shall hereunder within ten (10) business days of Lender's receipt of Purchaser's w-
9, return to Purchaser on Purchaser's behalf, to the same bank account from which they were
received all monies received by Lender from Purchaser, with the exception of any funds
earmarked for travel and/or accommodations, or that have been spent on non-refundable travel
and/or accommodations prior to such declaration of a Force Majeure Event. Purchaser shall
promptly reimburse Lender in the event the foregoing expenditures were made prior to receiving
any payment from Purchaser hereunder. Notwithstanding the foregoing, in the event of a Force
Majeure Event, and Artist is ready, willing and able to perform, Lender shall be entitled to retain
any of and/or be paid (as applicable) the entire fee.
4. Unless due to Lender's uncured material breach of this Agreement or due to a Force Majeure
Event, if Purchaser fails to perform any of Purchaser's obligations hereunder, or cancels or
otherwise repudiates the above mentioned engagement, or reschedules or otherwise materially
changes the terms of the engagement (e.g., time, location, payments, performance details, etc.)
without Lender's prior written consent, neither Lender nor Artist shall have any obligation to
perform under this Agreement and Lender may, at its sole option, elect to cancel Artist's
performance upon notice to Purchaser at any time after such default, provided that Purchaser
shall have five (5) business days upon notice of default to cure the breach prior to Lender
exercising its right to cancellation. Notwithstanding the foregoing, Purchaser understands and
agrees that its breach must be cured upon the earlier of five (5) days or prior to the Artist
commencing travel to the Engagement. If cancellation is so elected, Lender, at its sole option, may
elect to exercise all remedies then available at law, or retain and/or be paid as liquidated damages
100% of the fee, and Purchaser acknowledges and agrees that any deposits being held by MLB
shall be immediately released to Lender and/ or Artist. The Parties to this Agreement understand
and agree that the foregoing liquidated damages provision is not a penalty and constitutes a fair
and reasonable measure of the damages to be suffered by Lender and /or Artist, which would
otherwise be difficult if not impossible to ascertain .
5. Lender and Purchaser have, unless otherwise modified by the Artist rider hereto, agreed to the
type, size, use and quality of the public address system to be furnished by Purchaser pursuant to
paragraph 1 of these Additional Terms and Conditions. Purchaser understands and agrees that
Lender, Artist or Artist's representative, in his/her sole discretion, may terminate this Agreement
without liability of any kind, at any time prior to or during the actual performance of the subject
entertainment presentation should said public address system not be the quality or type agreed to
or should said public address system be otherwise than in perfect working condition. Should such
termination take place hereunder, Purchaser shall be liable to Lender as set forth above in
Paragraph 4.,
6. Unless otherwise expressly stated herein, Purchaser shall not itself, or authorize or permit a third
party to, broadcast or televise, photograph, record or otherwise reproduce the performance
hereunder, or any part thereof. Purchaser agrees that no performers other than those to be
furnished by Lender hereunder will appear on or in connection with the engagement hereunder.
Purchaser shall not have the right to assign this Agreement, or any provision hereof without
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Lender's prior written consent . Nothing herein contained shall ever be construed as to constitute
the Parties hereto as a partnership, or joint venture, or that Lender or Artist shall be liable in whole
or in part for any obligation that may be incurred by Purchaser in Purchaser's carrying out any of
the provisions hereof , or otherwise.
7. If Purchaser charges more than the agreed upon ticket price stated on the face of this contract (if
so stated), or if more patrons than the agreed upon capacity are admitted into the venue,
Purchaser shall promptly pay Lender 100% of the difference between (1) the contracted ticket
price and amount of the actual ticket charge, and/or (ii) the contracted capacity and the actual
number of guests admitted (per patron rate to be calculated at the median ticket price).
8. Purchaser, to the extent authorized under Colorado law, agrees to indemnify, defend and hold
Lender, Artist, as well as their respective employees, representatives, attorneys, heirs, successors,
assigns and agents, harmless from and against any claims, costs (including reasonable outside
attorneys' fees), expenses, damages, liabilities, losses and/or judgments arising out of any claim,
demand or action, to the extent arising out of or relating to (1) Purchaser's breach of this
agreement, (ii) the negligence or willful misconduct of Purchaser, its employees, parents,
contractors, agents and/or permitted assigns, and/or (iii) the development, production, staging
and/or exploitation of the performance and all elements therein. The parties hereto understand
and agree that Purchaser is relying on and does not waive or intend to waive by this contract, the
rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S.
section 24-10-101, et seq. as from time to time amended. Nothing contained herein shall be
construed or interpreted as denying any remedy or defense available to Purchaser under the laws
of the State of Colorado. This clause shall survive the expiration or termination of this agreement.
9. Purchaser agrees that the entertainment presentation will not be included in a subscription or
other type of series without the written consent of Lender. Free admission, if any (except to local
press), shall be subject to Lender's prior express written approval. In the event that Lender's fee
shall be based in whole or in part on receipts of the performance(s) hereunder: (a) the scale of the
ticket prices must be submitted to and approved by Lender in writing before tickets are ordered or
placed on sale; (b) Purchaser agrees to deliver to Lender a certified statement of gross receipts of
each such performance within two (2) hours following such performance, and (c) Lender shall have
the right to have a representative present in the box office at all times and such representative
shall have the right to examine and make extracts (including by photograph) from box office
records of Purchaser relating to gross receipts of this engagement only . In the further event that
payment to Lender provides for expenses of the subject engagement to be borne, in whole or in
part, by Lender, then Purchaser shall verify all such expenses by paid receipts, cancelled check or
similar substantial documentation or they shall not be included as expenses deductible from
Lender's payment with respect to the subject engagement.
10. If prior to the date of Artist's performance it is found the Purchaser has not performed fully its
material obligations under any other agreement with any third party for another engagement or
Lender reasonably believes that the financial credit worthiness of the Purchaser has been
materially impaired or Purchaser has in any way repudiated any of its material obligations
hereunder, Lender may demand adequate assurances by requiring 100% of the Lender's fee as set
forth under Engagement Details is promptly deposited in escrow to Artist's agent. In the event
Purchaser fails to provide such adequate assurances in the form of balance of payment within the
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Lender specified timeframe, such failure shall be a material breach of this Agreement, Lender may
cancel this agreement, subject to the liquidated damages provision in paragraph 4 hereunder.
11. Purchaser is a local governmental entity and is part of the Colorado Intergovernmental Risk
Sharing Agency (CIRSA) and carries general liability insurance with coverage amounts of up to
$10,000,000. Purchaser agrees to obtain commercial general liability insurance naming Lender and
Artist (including each individual member of Artist) as additional insureds with coverage of not less
than $5,000,000 per occurrence (including contractual liability) to protect against any claim for
death or personal injury arising from or in connection with the engagement. All coverage must be
primary and not contributing to insurance coverage maintained by Lender. In addition, Purchaser
shall maintain workers compensation insurance as required by applicable law. Upon request, but
no later than fifteen (15) days prior to the applicable engagement, Purchaser shall supply Lender
or its representative with a certificate of insurance ("COI") evidencing all such coverage. The
failure of Lender or its representative to request a COI shall not be a waiver of Purchaser's
obligation to provide the foregoing insurance.
1�. The MLB issued Agreement, these standard terms and conditions, and the Artist rider constitute
the sole, complete and binding agreement between the Parties hereto. This Agreement may not
be changed, modified or altered except by an instrument in writing signed by both Parties.
Purchaser hereby acknowledges and expressly agrees that Major League Booking acts only as
booking agent f or Artist, is nog a party to this Agreement, and assumes no liability hereunder,
including but not limited to any act of commission or omission on the part of either Lender, Artist
or Purchaser. All liabilities, obligations and duties imposed upon MLB pursuant to this Agreement
are imposed per MLB as agent for a disclosed principal and not as a principal itself.
13. Purchaser and Lender each agree that to the extent MLB is asked to hold any deposit in escrow
or is otherwise instructed not to release the applicable funds, and MLB withholds such funds on
said basis, such action shall not make MLB a party to the Agreement. Further, Purchaser and
Lender (on behalf of itself and Artist) each agree that in no event shall Purchaser, Lender and/ or
Artist name MLB in any action relating to the release of said monies, MLB shall have no liability
with regard to same, and MLB shall be entitled to indemnity for all expenses and costs incurred,
including attorneys' fees, in connection with holding said monies in escrow pursuant to said
request.
14. In the event Purchaser is required to pay for Artist travel and /or accommodations pursuant to this
Agreement, Purchaser acknowledges and agrees that the amount of funds or deposits held in
escrow by MLB, or funds earmarked for travel and/or accommodations, needed to purchase travel
and/or accommodations of Artist may be released to Lender and /or Artist upon demand.
15. Artist shall have the sole and exclusive right, but not the obligation, to sell souvenir programs and
other souvenir items, including phonograph records in connection with, and at, the performances)
hereunder and the receipts therefrom shall belong exclusively to Artist. Artist shall obtain a City of
Aspen Business license and be repsonsible for all taxes imposed by the local jurisdiction if it elects
to sell merchandise.
16. Purchaser and Lender acknowledges and agrees that the terms set forth in Exhibit A are
confidential trade secrets, privileged information, and confidential commercial and
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financial information protected from disclosure pursuant to the
Colorado Uniform Trade Secrets Act, C.R.S. §§ 7-74-101 to -110, C.R.S. and C.R.S. § 24-72-
204(3)(a)(IV), and Purchaser shall not disclose the terms set forth in Exhibit A to any third party
unless compelled to do so by an order of a court of competent jurisdiction or approved
by Lender in writing. If Purchaser receives a request (whether pursuant to a request under the
Colorado Open Records laws, deposition, interrogatory, subpoena, civil investigation, or on any
other grounds) to disclose any of the information in Exhibit A, the Purchaser shall immediately
notify the Lender in writing of such request so that the Lender and Purchaser may (in Lender's sole
discretion) seek a protective order or other appropriate remedy and/or waive, in Lender's sole
discretion and provided such waiver is granted to Purchaser in writing, the Purchaser's
compliance with the provision of this section. In the event Lender seeks a protective order or
other appropriate remedy to prevent disclosure, then Purchaser and Lender agree to participate in
and cooperate with each other in their efforts to prevent such disclosure. In addition, neither
Purchaser nor Purchaser's employees shall disparage Lender, Artist or any member of Artist.
Purchaser shall not itself, or authorize or permit a third party to, release any public statements
regarding Lender and/ or Artist without obtaining Artist's prior written consent in each instance."
17. Nothing in this agreement shall require the commission of any act contrary to law or to any rule or
regulation of any union, guild or similar body having jurisdiction over the performance hereunder
or any element thereof and wherever or whenever there is any conflict between any provision of
this Agreement and any such law, rule or regulation shall prevail and this Agreement shall be
curtailed , modified, or limited only to the extent necessary to eliminate such conflict. This
Agreement shall be construed in accordance with the laws of the State of California . The parties
agree to attempt to resolve any disputes through mediation. To the extent disputes arising out of
this Contract remain unresolved after mediation, each of the parties hereto (a) irrevocably agree
that the Federal Courts location in the State of Colorado if the claim is brought by Lender or the
State of California if the claim is brought by Purchaser, as applicable, shall have sole and exclusive
jurisdiction over any suit or other proceeding arising out of %a based on the Contract (b) submits to
the jurisdiction and venue of such courts and (c) irrevocably consents to personal jurisdiction of
such courts.
18. Purchaser will prepare all applicable Federal and State tax information returns including Federal
form 1099-MISC, Federal form W-2, or Federal form 10425. In the event any taxes are withheld
from Lender's compensation , Purchaser shall provide Lender an official certificate of withholding
within thirty (30) days of Artist's performance.
19. THE PERSON EXECUTING THIS AGREEMENT ON PURCHASER'S BEHALF WARRANTS HIS OR
HER AUTHORITY TO BIND PURCHASER TO THIS AGREEMENT, AND SUCH PERSON HEREBY
PERSONALLY ASSUMES LIABILITY FOR THE PAYMENT OF SAID PRICE IN FULL.
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In regard to the proposed JERRY SEINFELD appearance in ,
on, this Rider sets forth additional terms and conditions
regarding said engagement and is hereby made a part of the pre®printed contract dated
between COLUMBUS 81 PRODUCTIONS, INC., a California
corporation, f/s/o JERRY SEINFELD ("ARTIST") AND on behalf
of ("PURCHASER").
This Rider has been prepared to enable ARTIST to give his best performance. In order
to accomplish this, it is necessary that the points contained herein are not changed or
modified. If there are any problems in fulfilling any of the requirements, please contact
Rob Prinz at ML Booking, at (424) 238�1763.
1) ADVERTISING: There shall be no advertising or public announcements of
any type related to this engagement without prior written approval of Artist
representative.
2) TICKETING: ARTIST shall receive up to six (6) complimentary
tickets per show for his guests, if requested.
3) APPROVAL OF OTHER PERFORMERS: ARTIST reserves the approval right of
any other persons to appear in conjunction with this performance and the right to
determine the length and nature of their performance(s).
4) SECURITY: PURCHASER shall warrant and guarantee proper security
at all times to ensure the safety of ARTIST and audience.
5) ARTIST'S SUITE: PURCHASER shall provide ample amount of bottled
water (NO EVIAN), sodas: (Coke, Diet Coke, Sprite), and Perrier to be placed in
Artist's refrigerator in Suite. Any other miscellaneous items to be advised as we
get closer to the date.
6) DRESSING ROOM: PURCHASER shall provide a first class dressing room for
ARTIST. The dressing room should be capable of being locked, and the key
shall be in possession of the ARTIST or his designated representative.
DRESSING ROOM PRIVACY: ARTIST to have prior approval of all backstage
visitors. Upon request, buyer will furnish a greeting room (green room) at an
area apart from Artist's dressing room area.
COAT RACK TO BE INCLUDED AND AT LEAST 4 HIGH QUALITY WOODEN_
HANGERS IN ARTIST DRESSING ROOM (NO CLIPS).
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
In addition, PURCHASER shall provide the following items in Mr. Seinfeld's
dressing room, at PURCHASER'S sole cost and expense, at least (30) minutes
prior to show time:
Dressing Room Catering for Jerry Seinfeld
• 1 Eottle of PURRELL!
• Bottled Water (NO EVIAN) on ice; Voss, Fiji
• 6 Small bottles of Perrier
• Hot Tea I Assortment of teas
• Lemon and Honey for Tea
• Bucket of Fresh Ice
• Spearmint Sugarless Gum
• Altoids Mints (Cinnamon and Wintergreen)
• 1 Package of Dental Floss (Glide)
• 1 Small Tube of Crest Toothpaste
• 1 Regular Chapstick
• 1 New Hairbrush
• 1 New Comb
• 1 Box of Kleenex
Jerry Seinfeld's Suite:
• Ample Amount of Bottled Water (Fiji or Voss)
• 6 Small bottles of Perrier
• Fresh Fruit Tray
• Bowl of Mixed Berries
• Bowel of Mixed Nuts
• Large pot of Coffee with Half and Half and sugar on the side
• Real Glass, Silverware, China, and Napkins
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
7) TECHNICAL REQUIREMENTS:
(a) PURCHASER agrees to furnish ARTIST with lights, sound & state of the
art equipment as required at no cost to ARTIST.
PURCHASER agrees to supply two (2) follow spotsoperators for
the performance. No robotic spotlights to be used.
In view of the primary importance of the sound quality to the ARTIST'S
performance hereunder, PURCHASER agrees to furnish at
PURCHASER'S sole cost and expense, a complete high fidelity state of
the art sound reinforcement system for the benefit of the audience.
PURCHASER agrees to furnish, at PURCHASER'S sole cost and
expense, a qualified sound engineer (in addition to the lighting engineer)
to oversee the sound system during set up and to operate it during the
show.
PURCHASER agrees to furnish, at PURCHASER'S sole cost and
expense, a qualified lighting engineer (in addition to the sound engineer)
to oversee the lighting system during set up and to operate it during the
show.
Sound and lighting boards shall not be operated by the same technician.
No sound monitors are required and none should be placed on or in front
of the stage.
The sound system shall be set up in a manner to provide even coverage
throughout entire seating venue. The system must be capable of
producing a sound level of 95db SPL at the house mix position with a
frequency response of =/.3db from 80 Hz to 15k Hz.
The sound system must use 1 /3 octave EQ's located at the house mix
position and accessible to the sound engineer to make necessary
adjustments.
Microphone to include:
a) Once downstage microphone on a straight stand with around -base —
SM58 preferably. Microphone shall have enough cable so the
ARTIST can work the entire stage.
b) One backup microphone (SM58) and one offstage announce
microphone, preferably with an on/off switch (SM58). Each mic
should be on a straight stand with a round -base and shall have cable
so that ARTIST can work the entire stage. No wireless microphones
please.
All lighting and sound equipment must be operative and set up substantially prior to
performance, i.e., no later than one (1) hour prior to the house opening to the attendees.
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
All sound, lighting, staging to be advanced and approved by ARTIST representative.
8) STAGE/PROPS:
a) One flat top black wooden stool. (NO CUSHIONED STOOLS!)
b) One LARGE clear drinking glass, 2/3 filled with water (Not Evian) and another
open bottle of still water on top of stool with cap cracked.
c) White tape placed on the downstage edge for the full proscenium width.
d) There shall be no carpet installed on the stage whatsoever.
Purchaser to provide and pay for a suitable stage, subject to Artist's approval. There
must be NO "dance floor" or any other type of open area aside from seating areas in
front or to the sides of the performance area. Stage must be a completely flat/level
surface. Audience to be situated as close as possible to the stage.
9) SOUND CHECK: Artist representatives to perform a "sound check" wherein the
sound, lights, stage, dressing room, etc. shall be checked for "show -readiness".
The sound check will be at a pre -determined time arranged by ARTIST'S rep and
PURCHASER. All show personnel, including sound, lights, follow spot operators,
etc., required for the performance must be on hand for sound check. Wooden
hangers (NO CLIPS) to be in Dressing Room at time of Sound -Check.
10) MUSIC: Artist will supply CD of Walk -In and Walk -Out music to be played as
instructed. Walk -Out music is not played until Artist has clearly completed show
and encore (if any), and after house lights are turned on.
11) FORCE MAJEURE:
a) ARTIST'S obligation to furnish the entertainment referred to herein is
subject to detention or prevention by sickness, inability to perform,
accident, means of transportation, Act of God, riots, strikes, labor
difficulties, epidemics and any act or order of any public authority or any
clause, similar or dissimilar, beyond the ARTIST'S control.
b) Provided ARTIST is ready, willing, and able to perform, PURCHASER
agrees to compensate ARTIST in accordance with the terms hereof
regardless of sickness, inability to perform, accident, means of
transportation, Act of God, fire, riots, strike or any events of any kind or
character whatsoever, whether similar or dissimilar to the foregoing
events which would prevent or interfere with the presentation of the
engagement hereunder.
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
12)
LIABILITY:
To the extent authorized by Colorado law, except as otherwise herein
specifically provided, PURCHASER hereby assumes full liability and
responsibility for the payment of any and all costs, expenses, charges, losses,
liabilities, and damages related to or based upon the presentation or production
of the show or shows in which ARTIST is to appear. The parties hereto
understand and agree that Purchaser is relying on and does not waive or intend
to waive by this contract, the rights, immunities and protections provided by the
Colorado Governmental Immunity Act, C.R.S. section 24-10-101, et seq. as
from time to time amended. Nothing contained herein shall be construed or
interpreted as denying any remedy or defense available to Purchaser under the
laws of the State of Colorado. This clause shall survive the expiration or
termination of this agreement.
13) FAILURE TO FULFILL OBLIGATIONS: Each one of the conditions of this
contract is of the essence of this agreement and necessary for ARTIST'S full
performance hereunder.' In the event PURCHASER refuses or neglects to
provide any of the items herein stated, and/or fails to make any of the payments
as provided herein, ARTIST shall have the right to refuse to perform under this
contract, shall retain any amounts theretofore paid to ARTIST by PURCHASER,
and PURCHASER shall remain liable to ARTIST for the agreed price herein set
forth, provided that PURCHASER shall have five (5) business days to cure any
breach after notification. Notwithstanding the foregoing, PURCHASER
understands and agrees its breach must be cured upon the earlier of five (5)
business days or prior to ARTIST commencing travel to the Engagement. In
addition, if on or before the date of any scheduled event, PURCHASER has
failed, neglected, or refused to perform any contract with any other performer for
any earlier engagement, or if the financial standing or credit of PURCHASER
has been impaired or is in the ARTIST'S opinion unsatisfactory, ARTIST shall
have the right to demand the payment of the guaranteed compensation forthwith,
and if said funds are not paid forthwith, ARTIST shall have the right to cancel this
engagement by notice to PURCHASER to that effect, and in such event ARTIST
shall retain any amount theretofore paid to ARTIST by PURCHASER.
14) MODIFICATION OF CONTRACT: It is understood and agreed that the contract
may not be changed, modified, or altered, except by an instrument in writing,
signed in accordance with the laws of the State of California. This contract may
not be assigned, or changed, modified, or altered except by an instrument in
writing signed by the parties. Nothing in this agreement shall require the
performance of any act contrary to the law or the rules or regulations of any
union, guild, or similar body having jurisdiction over services of ARTIST or over
the performances hereunder. Whenever there is any conflict between any
provisions of this contract and any law, or any such union, guild or similar body,
such law, rule or regulation shall prevail, and this contract shall be modified to the
extent necessary to eliminate such conflict. This is the sole and complete
agreement between the parties with respect to the engagement. Nothing in this
contract shall be construed to constitute the parties as a partnership or joint
venture, and ARTIST shall not be liable in whole or part or in part for any
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
obligation that may be incurred by PURCHASER in carrying out any of the
provisions hereof, or otherwise.
Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
15) INDEMNIFICATION:
(a) To the extent authorized by Colorado law, PURCHASER agrees to
indemnify and hold harmless ARTIST and its employees, representatives,
officers, directors, shareholders, contractors, and/or agents ("Released Parties")
from and against any claims, costs (including actual attorneys fees and court
costs) expenses, damages, liabilities, losses or judgments arising out of, or in
connection with, any claim, demand or action made by any third party, if such are
sustained as a direct or indirect consequence of the engagement.
(b) To the extent authorized by Colorado law, PURCHASER shall also
indemnify and hold harmless Released Parties from and against any and all loss,
damage and/or destruction occurring to and/or its employees', contractorsor
agentsinstruments and equipment at the place of the engagement, including,
but not limited to damage, loss or destruction caused by an Act of God, etc.
16) TAXES: PURCHASER shall pay and hold ARTIST harmless of and from any
and all taxes, fees, dues and the like relating to the engagement hereunder and
the sums payable to ARTIST shall be free of such taxes, fees, dues and the like.
17) CHOICE OF LAW/FORUM: This agreement shall be deemed made and entered
into the State of California and shall be governed by all of the laws of such State
applicable to agreements wholly to be performed therein..
18) INSURANCE:
(a) PURCHASER is a local governmental entity and is part of the Colorado
Intergovernmental Rish Sharing Agency (CIRSA) and carries general liability
insurance with coverage amounts up to $10,000,000. PURCHASER agrees to
provide compensation and general liability insurance (including, without
limitation, coverage to protect against any and all injury to persons or property
as a consequence of the installation and/or operation of the equipment and
instruments provided be ARTIST and/or its employees, contractors or agents).
Such liability insurance shall be in the amount required be the venue, but not
less than $5,000,000.00 combined single limit for bodily injury and property.
ARTIST and its agent, ML Booking shall be listed as additionally named insured
under such insurance and this shall be indicated on the pertinent certificate of
insurance.
(b) PURCHASER agrees to provide a policy of Workers Compensation
covering all of PURCHASER'S employees or third party contractors.
PURCHASER further agrees to provide full all-risk insurance coverage for all
equipment and instruments provided by ARTIST and/or its employees,
contractors and agents against fire, theft, vandalism, riot or any other type of act
or event causing harm or damage to, or loss of, the instruments and equipment
so provided.
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Docusign Envelope ID: C780CO20-5EA1-4D51-ACAD-CF7D967DA1BC
(c) Certificates of insurance relating to the coverage listed above shall be
furnished by PURCHASER to ARTIST at least fourteen (14) days prior to
engagement. ARTIST'S failure to request or review such insurance certificates
shall not affect ARTIST'S rights or PURCHASER'S obligations hereunder. The
PURCHASER warrants that he has complete and adequate public liability
insurance. This certificate must be produced to the ARTIST upon request.
19) REPRODUCTION OF PERFORMANCE: There will be no television, motion
picture, video or audio reproduction, recording or reproduction of the ARTIST
and/or his performance. In order to assure that every precaution is being taken
to avoid unauthorized video, audio, and/or film recording of ARTIST'S
performance, PURCHASER will be responsible to post signage which will be
viewable from all entrances into the facility, stating that "Any audio, video
recording and/or filming of Mr. Seinfeld's Performance is Strictly Prohibited."
Notwithstanding the foregoing, PURCHASER'S house photographer shall,
upon signing a photo release provided by ARTIST, be permitted to photograph
the first three (3) minutes of Artist's performance.
20) VIDEO ENHANCEMENT: Should ARTIST feel video enhancement screens are
necessary for the selected venue, PURCHASER shall provide and pay for.
Screens shall be placed outside of the ARTIST'S line of vision from the stage.
IT IS'VITALLY -IMPORTANT THAT SCREEN. QAN.N.OT;BE,IN ARTIST'S VIEW.
21) CANCELLATION: PURCHASER agrees that ARTIST may cancel engagement
hereunder, at ARTIST'S sole discretion, by giving PURCHASER written notice
thereof no later than thirty (30) days prior to the commencement date of the
engagement if ARTIST is offered a Television or Motion Picture project. In the
event of cancellation, ARTIST shall return to PURCHASER all funds paid
under this Contract to ARTIST within thirty (30) days of cancellation.
22) Artist guarantees that no appearance, performance, speech or other public or
private performance shall be made by ARTIST during three (3) months before
or three (3) months after the performance agreed to herein within a radius of
sixty (60) miles of Aspen, CO without the prior written consent of Purchaser.
ACCEPTED &AGREED TO:
PURCHASER
DocuSigned by:
By' — 2DA4D214EE1942B...
__rUKUhHZ:)tZ
ACCEPTED & AGREED TO:
COLUMBUS 81 PRODUCTIONS, INC.
JE�Y SEINFELD
Price
Level
Quantity Notes
P1 126
P1* 51 Available to
Insiders at P4
pricing
P2 154
P3 81
P4 55
Boxes 2 Available for
Groups of 10
Obstructed 14