INTERNATIONAL RIDER
INTERNATIONAL RIDER to Agreement between BEVI CORP. ("Company") furnishing the performance services (the "Engagement") of the musical group p/k/a THE SHIRELLES ("Artist") and ------------------------------------------------------("You").
In the event that the Engagement shall take place outside of the domestic boundaries of the United States of America, the following provisions shall apply:
1. Travel Specifications.
With respect to any international flights to be provided by You, the following shall apply:
a. You shall provide to Company at least thirty (30) days prior to the date of the Engagement any and all necessary visas, work permits and consents at your sole cost and expense to enable the artist to enter the country in which the engagement is to occur and to perform the Engagement. Your failure to obtain any such visas, work permits and/or consents which shall prevent the Artist from performing the Engagement shall in no way affect Your obligation to pay Company all monies otherwise payable to Company hereunder.
b. In no event shall any international flight to be provided by You be booked less than "business class" or the equivalent thereof.
c. In no event shall any international flight to be provided by You be booked with a "charter airline" or the equivalent thereof (e.g. KIWI, Leisure Air or Carnival).
d. International flights to be provided by You shall be booked to provide for Artist’s arrival in the city in which the Engagement is to occur at least twenty-four (24) hours prior to the time of the Engagement unless otherwise indicated by Artist. Artist’s departure flight shall be booked for the day following earliest departing flight for such destination on the day following the Engagement.
e. Round trip, fully paid airline tickets for such International flights shall be delivered to Company at least thirty (30) days prior to the date of Engagement.
f. In the event that pursuant to the Agreement the length of the Engagement shall extend for more than one (1) day, and the sites of performance by the Artist shall occur in more than one (1) city, You must supply to Artist (I) pre-paid air travel tickets between the cities of the performances (if such cities of performance are in excess of one hundred fifty (150) miles apart, (ii) pre-paid train, limousine or other ground transportation acceptable to Company between the cities of the performances (if such
cities of performance are less than one hundred fifty (150) miles apart), and (iii) all meals to be consumed by Artist and/or Artist’s accompanying musicians and/or conductor during the period of the performances constituting the full Engagement and such meals shall be had at the hotel in which Artist is staying or a restaurant acceptable to Artist.
2. Early Arrival.
In the event that You require that Artist arrive in city of the Engagement earlier than twenty-four (24) hours prior to the Engagement, You shall be responsible for all expenses in conjunction with early arrival as well as a per diem of one hundred dollars ($100.00) per member of Artist.
3. Late Arrival.
In the event that Artist arrives late to city of Engagement due to circumstances beyond Artist’s control (e.g. weather, airline faults, traffic delays, acts of God, etc.), You must use every resource to ensure that the Engagement does occur when Artist does arrive. The Engagement shall not be canceled for the above reasons by You without the consent of Artist. You shall make full payment to Artist of all consideration payable to Artist hereunder with respect to Artist’s performance of the Engagement, not withstanding (I) the failure or inability of Artist to perform the Engagement as a result of weather conditions, power failure, liens, injunctions, acts of God or poor ticket sales or (ii) Your election not to have Artist perform.
4. Transportation and Hotel Accommodations.
a. Upon arrival at the airport, other site of arrival by Artist’s and/or artist’s accompanying musicians or conductor, You shall provide adequate and comfortable limousine transportation for all such parties, including, without limitation, a van or truck for transporting any equipment, luggage or other items brought by such parties.
b. With respect to any hotel accommodations to be provided or arranged for by You for Artist and/or Artist’s accompanying musicians and/or conductor:
(I) each member of Artist shall be provided with a single room;
(ii) Artist’s accompanying musicians and/or conductor shall be provided with single room accommodations;
(iii) all such hotels shall be first-class quality (e.g. Hilton, Sheraton or Hyatt) and shall be as near to the site of the Engagement as is reasonably appropriate; and
(iv) You shall provide all ground transportation to and from the hotel to the site of the Engagement.
(v) all hotel accommodations must be pre-paid (room and tax) and must be ready to occupy when Artist arrives in city of Engagement. Notwithstanding the foregoing, Company may elect at its sole discretion, to receive a flat-rate travel allowance in lieu of prepayment of airfare and hotel.
(vi) You shall provide three (3) nutritious hot meals per day for up to eight (8) persons, the content of which shall be designated by Company. In the event that the meals cannot be agreed to, You shall pay each member of Company a per diem in an amount to be negotiated in good faith.
5. Security.
a. You shall provide adequate security personnel to ensure the privacy, security and safety of Artist and all musicians and other parties accompanying Artist before, during and after the performance at the Engagement.
b. You shall not permit or allow, and You shall take necessary and reasonable action and precautions to prevent, any recording, taping, broadcast, filming or simulcast of the Artist’s performance at the Engagement, without the express written consent of Company.. In the event it is found or discovered by Artist that any such proscribed action is being undertaken, Artist shall have the right to refuse to perform until such proscribed activity has been stopped or prevented to Artist’s satisfaction. Nothing in this paragraph shall in any way affect, modify or alter Your obligation to compensate Company and/or Artist as otherwise provided in this Agreement.
6. Engagement Accommodations.
You shall provide Artist with a private, secure and clean dressing room facility for use before and after Artist’s performance of the Engagement. Such dressing room should be adequately furnished, including, but not limited to seating for at least three (3) adult persons, a large well-lighted mirror, dressing facilities, lockable doors and a clean lavatory with water and towels. Additionally, such dressing room must contain hospitality food and beverages which shall be designated by Artist prior to the Engagement.
7. Stage.
In the event that more than one (1) act or artist may be performing at the Engagement, Artist shall have first access and preference to the stage for equipment set-up and placement purposes unless otherwise agreed to by Company. Any other acts or artists performing at the Engagement using the same stage as the Artist shall have access to the stage only after Artist and Artist’s accompanying musicians have completed set-up and arrangement of equipment and Artist’s sound-check unless otherwise agreed to by Company.
8. Equipment and Back-up Musicians.
a. You shall provide professional stage lighting and lighting operators for each performance by Artist at the Engagement.
b. You shall provide a professional sound system and sound system operator for use by Artist’s musical director with a bass amplifier.
c. (I) In the event that Company does not provide back-up musicians for Artist at the Engagement, You shall provide, as directed by Company, up to four (4) qualified back-up musicians, consisting of a guitar player, a bass player, a drummer and a keyboard player, or as otherwise directed by Company. Company shall advise You within seven (7) days prior to the Engagement, and You shall provide all necessary musical instruments, music stands with lights and equipment need by such back-up musicians for the Engagement. Back-up musicians shall be able to read music (e.g. notes and chords).
(iii) You shall provide separate dressing facilities for Artist’s accompanying musicians or conductor for the Engagement. If any such accompanying musicians or conductor shall be female, then You shall provide separate male and female dressing room facilities.
9. Insurance.
Purchaser is responsible for all insurance with respect to equipment, personal accident, including loss, damage, medical expenses and public liability throughout the period of the Engagement.
10. Merchandising.
Company shall have the sole and exclusive right, but not the obligation, to sell, market and exploit any of Artist’s concert merchandise, including without limitation, T-shirts, phonograph records, cassettes and compact discs, books, buttons, programs, bumper stickers, jackets, shirts and photographs. Company shall be entitled to retain any and all monies earned and received in connection with such sales of concert merchandise unless otherwise agreed to in writing by Company specifically in connection with the Engagement. You shall endeavor and take all necessary and reasonable action to prevent the sale of any of Artist’s "authorized concert merchandise" or any so-called "black market merchandise" at the Engagement.
11. Other Considerations.
a. The provisions of this INTERNATIONAL RIDER shall be governed in accordance with the laws of the State of New York.
b. If any provision of this INTERNATIONAL RIDER shall conflict with any provision of the Agreement, the provisions of this INTERNATIONAL RIDER shall prevail unless otherwise agreed to by Company.
c. A fifty percent (50%) deposit is required for each Engagement upon signing of INTERNATIONAL RIDER.
d. All media interviews, promotional television and radio appearances, press parties and other promotional endeavors requiring the appearance of Artist shall be subject to the prior approval and consent of Company. All deposits are to be paid in full upon the full execution of this INTERNATIONAL RIDER. All such deposits are to be paid to "BEVI CORP." In no event, other than by reason of Company’s termination or cancellation of this Agreement or the Engagement shall the deposit be refundable to You.
e. Notwithstanding anything to the contrary contained herein, Company shall have the right to terminate this Agreement and to cancel the Engagement at any time up to two (2) weeks prior to the Engagement. In the event that Artist desires to terminate this INTERNATIONAL RIDER and cancel the Engagement within two (2) weeks of the Engagement, You shall make a good faith effort to negotiate with Artist to reach a mutually agreeable rescheduled date for the Engagement.
f. Neither Company nor Artist shall be liable or responsible to You (nor shall Your obligations to Company and Artist be affected hereunder) as a result of any canceled or delayed travel arrangements affecting Artist or any of Artist’s accompanying musicians timely arrival at the site of the Engagement.
g. All monies payable to or on behalf of Company or Artist shall be paid in United States Currency. No V.A.T., State, Federal, local or provincial tax or taxes and/or any fees of any kind are to be deducted. Payment shall be made directly to Artist in cash or certified check only.
h. No commissions shall be paid to You for monies paid to or on behalf of Company or Artist for transportation and/or hotel accommodation expenses incurred by Company or Artist in connection with Engagement.i. You shall provide Artist with a total of twenty (20) complimentary tickets to each Engagement and such tickets shall be made available to Artist at least ten (10) days prior to such Engagement.
j. In the event that subsequent to Your execution of this INTERNATIONAL RIDER, Artist or Company is presented with other employment opportunities including, but not limited to, motion pictures, major television appearances or recordings, Artist or Company shall have the option to cancel the Engagement, provided that Artist or Company notifies You at least forty-five (45) days prior to the date of the Engagement as indicated in the INTERNATIONAL RIDER.
12. This INTERNATIONAL RIDER shall for all purposes be deemed part of and incorporated within the Agreement. No provision of this INTERNATIONAL RIDER may be deleted, modified or amended without the express written consent and acknowledgment of both You and Company. However, notwithstanding anything to the contrary contained herein, if You and Company agree to delete or modify any specific provision hereof, such may be done if such deletion or modification is written or noted in hand and initialed by both You and Company next to the place of such deletion or modification.
IN WITNESS WHEREOF, this INTERNATIONAL RIDER has been executed as of the date of the Agreement.
Agreed to and accepted by:
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By:--------------------------------------------
BEVI CORP.
Federal I.D. #22-2339587