MISTY MOUNTAIN PRODUCTIONS INC.

HAMMER OF THE GODS

Live Performance Contract

THIS PERFORMANCE AGREEMENT is made and entered into as of ______, 20____, by and between ______, whose business address is ______("Purchaser") and Misty Mountain Productions for a performance by Hammer Of The Gods: The Led Zeppelin Experience ("Artists"), whose business address is PO BOX 715 Nesconset, NY,11767 USA. In consideration of the mutual covenants herein contained and, intending to be legally bound hereby, the Purchaser and Musician agree as follows:

  1. Engagement
  2. This rider forms an integral part of the attached contract. The rider must be signed and returned with all pages of the contract within two weeks of receiving this documentation.
  3. ANY CHANGES TO THIS RIDER MUST BE MADE IN WRITING AND APPROVED BY MISTY MOUNTAIN PRODUCTIONS INC.
  4. The Purchaser hereby engages Musicians to render a musical performance (the "Performance"), and Musicians hereby agrees to render such Performance under the terms and conditions specified herein. A Hammer of the Gods show is typically a minimum of two (2) hours long. This is a straight through set with no breaks or intermissions unless specifically negotiated between The Purchaser and Artist Representative. We request that all Hammer of the Gods performances be ALL AGES. Please make your representative aware of any time limitation, curfews or all age restrictions PRIOR to signing this agreement.
  5. INDIVIDUALS COMPRISING Hammer of the Gods. Musicians consist of the following individuals: Thomas Doscher, Paul Colchamiro, Phil Greco, and Jay Kudreyko. Musician's obligation to perform hereunder is subject to the unavailability of Musician as a result of sickness, accidents, acts of God, and other reasons beyond Musician's control.
  6. Hammer of the Gods’ shall be the headlining act. Opening acts may not play any Led Zeppelin music. If there will be any opening acts, Hammer of the Gods’ equipment shall have first priority in stage position and will not be moved without the permission of Hammer of the Gods.
  7. Purchaser will provide adequate security for personnel, stage and backstage.
  1. Box office
  2. Misty Mountain Productions Inc. requires ALL venues and promoters to allocate no more than 2% of sellable capacity for promotional give-aways unless authorized by artist representative.
  3. When returning this rider THE PURCHASER must supply a ticket manifest for all engagements. THE PURCHASER agrees to sell tickets in accordance with the manifest. THE PURCHASER must confirm the following:
  4. The total number of tickets to be sold, their prices in advance and on the door. If the engagement is not general admission, all ticket price variations within the venue must be listed.
  5. A list of all guest list places and promotional complimentary tickets showing their effect on the gross
  6. Details of THE PURCHASER ticketing system, box office, agency and credit card commissions.
  7. All tickets will be of the "one stub one price" variety, both portions being numbered in the standard manner. THE PURCHASER further agrees that there shall be no multiple price tickets printed. Should this be violated THE PURCHASER agrees that he will be liable for the agreed number of tickets sold at the highest price printed on each ticket.
  8. All ticket stubs, unsold tickets and pre-sales print outs will be available for inspection no later than hour prior to the opening of house doors.
  9. All ticket stubs will be collected for later inspection at all points of entry.
  1. Billing: For the purposes of this Performance Agreement, the following definitions apply: Gross ticket sales means the sum of any and all monies paid for admission to the Performance. Net ticket sales means gross ticket sales minus the actual cost to Purchaser of the following expenses: ______.
  2. PAYMENT. In full consideration for all services rendered by Musician at the Performance, Purchaser agrees to make the following payment in U.S. funds to Musician (select one):
    ___ Set Fee. A set fee of ______Dollars ($______).
    ___ Percentage of Ticket Sales With Guarantee. The greater of (a) ______Dollars ($______), or (b) an amount equal to ___ percent (__%) of the (select one) __ gross __ net ticket sales. (Purchaser must provide promo & marketing plan prior to signing)
    ___ Set Fee plus Percentage of Ticket Sales. A fee of ______Dollars ($______), plus an amount equal to ____ percent (__ %) of the (select one) __ gross __ net ticket sales. (Purchaser must provide promo & marketing plan prior to signing)
    ___ Other. (specify) ______.
  3. DEPOSIT. Purchaser will pay ______Dollars ($ ______) of the payment to Musician as a deposit by ______, 20____. If Purchaser does not pay Musician the deposit, Musician will have the option of canceling this Performance Agreement with no further liability hereunder to Purchaser.
  4. PAYMENT OF BALANCE. Balance of payment will be made directly to band or representative on the day of performance before load in.
  5. In the event Purchaser cancels the Performance less than _____ weeks prior to the scheduled date, Purchaser will pay Musician a sum equal to (select one): ______Dollars ($ ______) or _____ % of the set fee specified in paragraph 5. Upon payment of the cancellation fee, Purchaser will have no further liability to Musician hereunder.
  1. Photo, sound recording, video
  2. Hammer of the Gods name and/or likeness will appear in all ads connected with the event(s) named in the agreement, in the first position and 100% size.
  3. Hammer of the Gods reserves the exclusive right to audio and/or video record their performance(s) directly from the board and/or additional locations in the house and retains 100% rights to the distribution of the recorded music and/or video recordings of their performance(s). Further, no fees will be paid nor will any fees be assigned as house expenses in connection with the recording of the performance. Rights to audio and/or video recording, or distributed recordings of the performance by the promoter or house, must be negotiated in a separate document to which Hammer of the Gods retains the right to agree or reject without prejudice to the agreement to perform or fees paid for performance.
  4. NO TAPING OF PERFORMANCE. Purchaser will not, nor will Purchaser allow others to tape, record, reproduce, or transmit in or from the premises in any manner or by any means, the Performance without the written approval of Musician.
  5. Merchandising
  6. At Musician's option, Musician may offer shirts, hats, and other items for sale at the Performance. Musician will retain all proceeds from such sales. To facilitate Musician's merchandising, Purchaser will provide a table and chairs set up in an easily accessible and visible area of the venue.
  7. Artist reserves the right to sell all formats of recording and other materials. Purchaser will provide a well-lit space and table. Artist or Artist’s licensee shall have the sole right to sell, advertise, promote and distribute prior to, during and after the performance any and all merchandise bearing the Artist's name and/or likeness, including but not limited to souvenir program books, pictures, posters, stickers, records, tapes, CDs, and items of clothing, etc. All receipts derived from the sale of said merchandise belong solely to the Artist.
  8. PURCHASER shall provide an appropriate size table (usually 5-6 feet) set up in a convenient location for display and sale of merchandise.
  9. Artist's will provide personnel for the sale of merchandise.
  1. Accommodations & Travel
  2. THE PURCHASERshall provide (7) rooms at a nearby hotel (within a 5 mile radius, preferably within walking distance if available) and must be of a quality of Business Class or above, with four (4) king and three (3) double rooms provided. Preference is Crowne Marriott or Holiday Inn chains. Hotel must offer adequate parking for all tour vehicles, have on-site restaurant and room service capability. A map of hotel location must be provided. Similar hotels in quality may be substituted in the event that the aforementioned is not available, or outside of a 5 mile radius of venue, subject to approval by band representative.
    The band prefers to make their own travel arrangements. Cost will be negotiated.
  3. Promotions
  4. Hammer of the Gods name and/or likeness will appear in all ads connected with the event(s) named in the agreement, in the first position and 100% size.
  5. THE PURCHASER agrees that Hammer of the Gods give final approval of their likeness, name or indicia on any and all promotional materials, including printed, digital, video or broadcast radio.
  6. THE PURCHASER agrees to promote said show in timely manner and by utilizing proper promotional media such as radio, broadcast television, and print publishing. If street distribution, social networking or email newsletters (eblasts) are to be used, THE PURCHASER agrees to utilize in support roles and not as sole or primary promotional efforts.
  7. THE PURCHASER agrees that he/she will not commit Artist to any personal appearances, interviews or any type of promotion or appearance without prior consent of Artists or Artist's representative at least 72-hours prior to performance date.
  8. THE PURCHASER shall make available (24) complimentary seats per show to Artists for their use. Seats must be in preferred locations and Artists and/or their representative will contact box office no later than the afternoon of the performance as to how many or if all complimentary tickets will be used. Please note that the band uses comp tickets in trade for street level publicity and marketing of each event.
  9. THE PURCHASER shall not allow audience to enter concert hall until technical set-up has been completed. Artists shall complete said set-up 90 minutes prior to performance time, provided there are no technical problems beyond their control. If technical problems do occur that are beyond the control of Artists, Artists shall not be liable for THE PURCHASER losses in case concert is delayed or canceled.
  10. No background music taped or otherwise, shall be played before or after the performance without approval of artists. Artists will provide and play music on CD appropriate for their audience. Hammer of the Gods will have control over ALL TV SETS in venue during load-in, sound-check and performance. Except for situations when the performance is broadcast via closed-circuit in the venue, ALL TVs WILL BE TURNED OFF DURING PERFORMANCES.
  11. THE PURCHASER shall furnish and supply at his/her sole cost all necessary permits, licenses and authorizations from any and all government agencies, bureaus and departments, Federal, State and local.
  12. THE PURCHASER agrees to pay all Federal, State and local amusement taxes and to indemnify and hold Artists harmless from payment of such taxes.
  1. Artists request that all shows be “all ages” and advertised as such. If all ages are not possible, then artists request that the show be 18+. Please notify artist’s representative if this is a problem.
  1. Hammer of the Gods’ shall be the headlining act. Opening acts may not play any Led Zeppelin music. If there will be any opening acts, Hammer of the Gods’ equipment shall have first priority in stage position and will not be moved without the permission of Hammer of the Gods. There shall be NO opening act for Hammer of the Gods under any circumstances unless first approved by the band through their official representative(s). NO EXCEPTIONS*. All mic’s and settings have to remain unmoved/unchanged between soundcheck and performance. *This does not include festival concerts where there may be multiple acts throughout the course of the event.
  1. Production and Hospitality
  2. DRESSING ROOMS: The purchaser will provide a minimum of two (2) clean dressing rooms which must be available for artist sole use. Dressing rooms must be properly lit and free of noticeable odors, secure with limited access only to Artists, and supplied with an iron and ironing board for Artists’ use. All dressing rooms must be adjacent to private bathrooms with sinks and one NEW (wrapped) bar of brand-name soap in each.
  3. THE PURCHASER will provide one “green room” for Artists’ use only, in close proximity to the stage if possible.
  4. Dressing rooms must be locked or guarded to ensure safety of Artists belongings.
  5. TOILETS: THE PURCHASER agrees to provide a backstage toilet for the exclusive use of THE ARTIST. On no account is THE ARTIST to be expected to use public toilets or to walk through public area in order to use toilet facilities.
  6. TOWELS: 8 dark, clean FACE towels and 8 clean BATH size towels, as well as soap (new, unwrapped, name brand), available at load in.
  7. Tables and comfortable chairs for 12 people.
  8. FOOD & BEVERAGE. Purchaser will provide the following:
  9. 1case Budweiser, 1 case of Corona 1) bottle merlot wine 24) bottles of bottled water.
  10. One large cooler with NEW bags of ice.
  1. CATERING: This catering menu can be replaced by "House" catering if agreed to by band and agent in advance except for above * items.
  2. 12 HOT meals and salad or $20 buy out per person. (See Below), Pastas must have no cheese in sauce or in ingredients. No fast food or pizza. (See Below).
  3. The catering portion of this rider may be bought out at a cost $220.00 cash. You MUST make arrangements in advance with the ARTIST production coordinator. If catering is preferred, the following must be provided:
  4. A hot meal must be provided backstage for Artist and crew (12 people) following the sound check. Food should be served in a room that is well heated and in close proximity to dressing area.
  5. A selection of steak, chicken, lasagna/pasta dishes all with vegetables, potatoes, rice or pasta.
  6. All meals should include a fresh green salad (dressings on the side) or coleslaw, fresh bread or rolls and butter, and vegetables. No deep-fried or ‚ Fast foods please. Ethnic food and the specialties of your region are welcome. A selection of sweets is also welcome.
  7. Please provide electric hot plates (to keep food warm), complete place settings for 14 and enough chairs and table space for Artists to be comfortable.
  1. Stage & Tech
  2. Preferred stage size is 40’w x 32’d (40-feet wide by 32-feet deep) of unobstructed performance space (not to include wings or stage apron). No corner stages are acceptable. Minimum workable stage size is 32’w x 24’d (32-feet wide by 24-feet deep)
  3. Promoter must indicate EXACT stage size here: ______
  4. Stage and drum riser must be completely cleared of any excess equipment and swept clean prior to Artist's arrival.
  5. If venue is outdoors, stage must be protected from sun, wind and rain. Generators must be of an enclosed crystal-controlled professional type, properly grounded.
  6. DRUM RISERS: ALL PROMOTERS, PRODUCTION MANAGERS: PLEASE ADVANCE WITH PRODUCTION MANAGER, Thomas Doscher. We require Drum Risers for EVERY show where the stage is large enough to accommodate. The required drum riser size is- 12’wide x 8’ deep x 30’ high
  7. HOUSE LIGHTS: The house lights operator should be in position and on headset ten (10) minutes prior to the advertised show time He / She should consult with the Hammer of the Gods Stage Manager prior to "Doors" as to the evenings lighting cues (unless provided).
  8. LOCAL LABOR: Unless otherwise noted, Hammer of the Gods will travel with its own professional FOH Sound, Monitor Engineer and Lighting Engineer. These engineers will have access to and authority to, inspect and operate all elements of the sound and the light systems from load-in to load-out, and will operate the FOH and lighting consoles during the performance.
  9. PURCHASER shall be required to provide able, sober and responsible crew for all load-in, running of show and load-out tasks. Hammer of the Gods Production Manager has authority to direct, dismiss or cause to replace at PURCHASER cost, any and all local labor crew at his sole discretion if he deems that any crew provided is impaired (by means of alcohol or drugs) and/or unable to perform their tasks as directed.
  10. PURCHASER shall provide:
  11. Four (2) able, sober and responsible stage hands for load-in and load-out. Hammer of the Gods RESERVES THE RIGHT TO CHARGE THE PURCHASER $200 FOR EACH LOADER THAT FALLS SHORT OF OUR MINIMUM REQUIREMENT OF two (2) OR $200 FOR EACH LOADER THAT IS NOT SOBER.
  12. One (1) knowledgeable, able, sober and responsible stage manager to coordinate stage staff (optional).
  13. One (1) or two (2) able, sober and responsible sound technicians from load-in through load-out to adequately set-up and test and tear down house sound and monitor system.
  14. Hammer of the Gods technicians will not be responsible for set-up or tear down of house equipment.
  15. One (1) lighting technician (noted in LIGHTING section of this rider).
  16. ELECTRICAL POWER: AC power distribution should be provided by the sound company and derived from the theater road switch, preferably an isolated transformer separate from lighting system connections. It must be of appropriate amperage to properly power the sound system as well as provide the AC power for the performers as indicated on stage plot. The distribution system must be properly grounded.
  17. See technical specifications for details.