THIS ENTERTAINMENT AGREEMENT is made by and between East End Arts Association DBA Aurora Cultural Arts District ( ACAD) (hereinafter referred to as the "ACAD") and the entertainer or entertainers, if more than one, listed on Addendum A attached hereto and included herein (hereinafter referred to as the "Artist"), by and through their designated agent or representative ("Manager") identified above.
WHEREAS, ACAD conducts the annual event known as The Colfax Art Jams (hereinafter referred to as the Colfax Art Jams)
WHEREAS, Artist(s) desire to provide such Performance at the Festival;
NOW, THEREFORE, the parties agree as follows:
- Place of Performance: In Fletcher Plaza in front of MLK library 9800 E Colfax, Aurora CO 80010
- Date(s) and Time(s) of Performance: The date(s) of the Performance shall be on one or more of the agreed 2nd Saturday event dates and the time(s) of the Performance shall be presented by ACAD This Performance shall have a duration of at least 30 mins each Artist(s) will be given set list and is required to arrive at least 20min before set time and no earlier than 11am on the day of the event.
- Performance:The entertainment to be provided by Entertainers is generally described as a holiday marketplace event with local vendors and artisans. Local entertainers and live music. family activities. Visits from Santa and the Princess Snow Fairy.
- Agreement to Perform: Artist(s) agree to provide the Performance in accordance with the terms of this Agreement and any addendums or riders hereto.
- Price of Performance:Artist(s) or their agents will be paid by either ACAD or Aurora Cultural Services. Terms of payments are preorganized through ACAD or the City of Aurora’s Aurora Cultural Services. The check shall be made payable to the Manager. The Manager shall distribute such amount to Artist(s) as agreed upon between them.
- Recording, Reproduction or Transmission of Performance:ACAD will use its best efforts to prevent the recording, reproduction or transmission of the Performance without the written permission of Artist(s) or Artist's representative.
- Excuse of Obligations: ACAD and Artist(s) shall be excused from their obligations hereunder in the event of proven sickness, accident, riot, strike, epidemic, act of God or any other legitimate condition or occurrence beyond their respective control.
- Taxes:ACAD is not responsible for remitting taxes of contacted Artist(s).
- Indemnify for Copyright Infringement: Artist(s) represent and warrant that they are knowledgeable about the copyright laws of the United States as applicable to the Performance, and that Artist(s) shall not perform any copyrighted materials of others during Performance without full compliance with such applicable copyright laws. In the event that Artist(s) breach this representation, warranty and covenant, Artist(s) hereby agree to INDEMNIFY AND HOLD HARMLESS ACAD and its employees, guests and agents from and against all liability, loss, damages, claims, and expenses (including attorney's fees) arising out of such breach.
- Independent Contractor: Artist(s) acknowledge that they shall perform their obligations hereunder as an independent contractor and not as an employee of Buyer. Artist(s) further acknowledge that they are not on Buyer's payroll and social security or tax withholding rolls. Artist(s) shall have sole control and direction in the conduct of the Performance.
- Merchandising: Artist(s) may sell any goods, products, merchandise or services if they have completed the vendor application for the Colfax Art Jams- a discount code will be given to all registed preforming groups.
- Promotion:ACAD shall be entitled to advertise and promote the appearance of Artist(s) at the Colfax Art Jams. Artist(s) acknowledge that ACAD will rely on the terms hereof in all such promotions and advertising and in the brochures to be printed setting forth the names, dates and times of all performances to be held at the Colfax Art Jams. Artist(s) hereby acknowledge and agree that ACAD may use their names, photographs, likeness, facsimile signature and any other promotional materials in all of such promotions, advertising or other activities used to increase attendance at the Colfax Art Jams.
- Parking:Parking is free and located at MLK library. If heavy equipment is in use, please notify Stephanie Hancock Stephanie@auroraculture.org to make pre arrangements for equipment drop off. Equipment drop off will be allotted two hours before event start time 11am.
- Stage: At its sole expense, ACAD shall furnish the stage, and stage lighting, sound and power for the Performance, and ACAD shall provide all stagehands required to assist the setup for and conduct of the Performance and takedown after the Performance.
- Dressing Rooms:Are not provided. There is a public restroom inside of MLK library that can be used for getting ready.
- Authority to Execute: The Manager who is executing this Agreement on behalf of Artist(s) hereby warrants and represents that he has the full power and authority to bind Artist(s) on whose behalf he is executing this Agreement and acknowledges that he is making this representation and warranty with the understanding that Buyer is relying thereon.