Об авторе

Дэвид Эллефсон начал исполнять музыку в возрасте восьми лет, а профессиональную музыкальную карьеру начал в тринадцать. Как басист и основной член хэви-метал рок-группы Megadeth, Эллефсон стал опытным профессионалом в музыкальном бизнесе благодаря бесчисленным концертным турам по всему миру, сессиям звукозаписи и музыкальным видео. Наряду с остальными участниками Megadeth он получил пять номинаций на Грэмми и активно участвует в написании, записи и исполнении музыки. Эллефсон проживает в Аризоне со своей женой Джули и сыном Романом, в свободное от группы время пишет для колонки “Real Deal” журнала «Бас-гитарист», поддерживает творческий огонь и получает удовольствие от отличного отдыха на природе, включая пешие прогулки, езду на велосипеде и гольф.

Райдер

Это шаблон стандартного райдера музыканта на концертные выступления. Для получения прочих шаблонов контрактов и подробных объяснений их положений обратитесь к любой из книг, указанных на предыдущей странице.

The rider attached hereto and made part of the contract dated _______ by and between CORPORATION (hereinafter referred to as “Producer”) furnishing services of CLIENT (hereinafter referred to as “Artist”) and _______ (hereinafter referred to as “Purchaser”).

1. BILLING

Artist shall receive 100% Sole Star Billing in any and all publicity releases and paid advertisements, including but not limited to programs, fliers, signs, lobby boards and maquees. No other name or photograph shall appear in type with respect to size, thickness, boldness and prominence of the type accorded Artist and no other name or photograph shall appear on the same line or above the name of Artist.

2. CANCELLATION

Purchaser agrees that Artist may cancel the engagement hereunder, at Artist’s sole discretion, by giving Purchaser notice thereof at least thirty (30) days prior to the commencement date of the engagement hereunder.

3. FORCE MAJEURE

Producer’s obligation to furnish the entertainment unit referred to herein is subject to the detention or prevention by sickness, inability to perform, accident, means of transportation. Act of God, riots, strikes, labor difficulties, epidemics and any other act or order of any public authority or any cause, similar or dissimilar, beyond Producer’s control.

Provided Artist is ready, willing and able to perform, Purchaser agrees to compensate Producer in accordance with terms hereof regardless of Act of God, fire, accident, riot, strike or any events of any kind of character whatsoever, whether similar of dissimilar to the foregoing events which would prevent or interfere with the presentation of the show hereunder.

4. INCLEMENT WEATHER

Notwithstanding anything contained herein, inclement weather shall not be deemed to be a force majeure occurrence and the Purchaser shall remain liable for payment of the full contract price even if the performance(s) called for herein are prevented by such weather conditions. Producer shall have the sole right to determine in good faith whether any such weather conditions shall render the performance(s) impossible, hazardous or unsafe.

5. CONTROL OR PRODUCTION

Producer shall have the sole and exclusive control over the production, presentation and performance of the entertainment unit in connection with the engagement, including but not limited to, the details, means and methods of the performance of the entertainment unit and each member thereof, and the persons to be employed by Producer in performing the provisions hereof on Artist’s part to be performed. Producer shall have the sole right, as Producer may see fit, to designate and change the performing personnel other than artist. It is specifically understood and agreed that a representative of the Producer shall have sole and absolute authority in directing personnel operating all lighting and sound equipment during rehearsal and each performance scheduled herein.

6. APPROVAL OF OTHER PERFORMERS

Producer 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). A violation of this clause shall entitle Producer to refuse to furnish the performers described herein but Purchaser shall remain obligated to make all payments herein set forth. Purchaser agrees that there will be no Master of Ceremonies, no welcoming speeches, no introductions, and no ceremonies at intermission except as Producer may direct.

7. REPRODUCTION OF PERFORMANCE

No portion of the performance rendered hereunder may be broadcast, photographed, recorded, filmed, taped or embodied in any form for any purpose or reproducing such performance without Producer’s prior written consent. Purchaser will deny entrance to any persons carrying audio or video recording devices without limiting in any way the generality of the foregoing prohibition, it is understood to include members of the audience, press and Purchaser’s staff.

In the event that the Purchaser, his agents, servants, employees, contractors, etc. reproduce or cause to be reproduced the Producer’s performance in the form of film, tapes, or any other means of audio or video reproductions, upon demand by Artist, Purchaser shall deliver all of the same (together with any and all masters, negatives and other means of reproductions thereof to Producer at Purchaser’s sole cost and expense, in addition to all other legal or equitable remedies which Purchaser may have.

8. PURCHASER ASSUMES LIABILITY

Except as otherwise herein specifically provided, Purchaser hereby assumes full liability and responsibility for the payment of any and all cost, expenses, charges, claims, losses, liabilities, and damages related to or based upon presentation or production of the show or shows in which Artist is to appear hereunder.

9. SPONSORSHIP

All forms of sponsorship, whether part of ongoing series or specifically for Artist’s show, must be authorized by Producer.

10. BOX OFFICE PROVISIONS

In cases where the Artist is being paid on a percentage basis, Purchaser agrees to deliver to the Artist’s representative, at least two (2) weeks prior to date of performance, a plot plan and printer’s manifest of the house (notarized, signed statement from the printer of tickets, listing amount of tickets printed at each price). Purchaser further agrees to have on hand at the place of performance the night of the show, for counting and verification by representative of the Producer, all unsold tickets. Producer shall be compensated for the difference between the number of unsold tickets on hand and shown to its representative and the number of tickets printed as shown by the ticket manifest. If Purchaser shall violate any of the preceding provisions of the paragraph, it shall be deemed that Purchaser has sold a ticket for each seat in the house (and any permitted standing room) at the highest ticket price for which the house is scaled. Purchaser further agrees to give said representative the right to enter the box-office at any time (during and after the performance) and to examine and make extracts from the box-office records of Purchaser relating to the gross receipts of this engagement. A written box-office statement, certified and signed by the Purchaser, will be furnished to Artist within two (2) hours following each performance. Purchaser may not sell tickets to performance herein as part of a subscription or other type of series of other concerts, without written consent of Producer. All tickets printed under the manifest shall be of the one stub, one price variety. There shall be no multiple price tickets printed. Examples of tickets prohibited under this agreement are:

a) one price for students and a different price for general admissions of the same tickets, or;

b) one price for tickets bought in advance and a different price for tickets bought at the gate on the same ticket.

Further, no tickets can be sold for seat located to the rear of the stage where the stage and equipment on stage is obstructing normal eye-level viewing of Artist’s performance, unless the location of the seat is clearly indicated on the ticket. Tickets sold behind bandstand must be marked “impaired vision” or “behind bandstand”.

If Purchaser violates the above agreement, he shall be liable for the total amount of tickets sold at the highest price printed on the ticket. All tickets shall be printed by a bonded ticket house. (Example – Globe Tickets, Arcus-Simplex) or, of the performance is at a college or university, the official printing department of the university or college. Purchaser agrees not to discount tickets or to offer tickets as a premium without first obtaining permission in writing from the Producer. If Purchaser does sell or distribute discount or complimentary tickets without prior approval, or in excess of the number printed, he shall be liable for the full ticket price of each such ticket sold or distributed.

11. COMPLIMENTARY TICKETS

Purchaser agrees to distribute no more than one percent (1%) of the official house seating as complimentary tickets relative to this performance. Further Purchaser must supply a representative of Producer with a statement detailing to whom each complimentary ticket was given. Each complimentary ticket will be issued only as a fully punched ticket. Purchaser agrees to supply proper radio, television and newspaper personnel and their families with complimentary tickets from above-mentioned allotment.

Purchaser agrees that if NO ADMISSION is charged to any part of the audience for engagement hereunder, this condition must be so stated on the face of the attached contract. If, as the engagement, there is evidence that admission was or is being subsequently charged for Artist’s performance, Purchaser agrees that Producer must receive 100% of the admission receipts collected.

In addition, Purchaser must provide Producer with twenty (20) complimentary tickets per show within the first ten (10) rows, the unused portion of which may be placed on sale the day of performance with the permission of Producer.

If place of performance is other than a theater and/or cabaret or nightclub, a booth and/or tables comprising of mini-cabaret of six (6) seat to be called “Star’s Booth” or “Table” must be available for each performance and if not to be used at said performance will be released by Producer or their representative.

12. SCALING

Purchaser will clearly print the specific capacity, gross potential, and ticket price breakdown of the facility where Artist is to perform under this agreement on the face of contract that this agreement is attached to.

In the event Producer is to receive a percentage of the gross receipts for this engagement pursuant to the terms hereof, the term “gross receipts” or “gross box-office receipts” or similar phrases, shall mean all box-office receipts computed on the basis of the full retail ticket price for all tickets sold and in no event less that the full retail ticket price for all persons entering the performance with no deductions of any kind, less only federal, state or local admissions taxes and allowable discounts as approved by Producer in writing. The Purchaser agrees to scale the ticket prices for this engagement of guarantee potential gross receipts of no less than …

13. FAILURE TO FULFILL OBLIGATIONS

Each one of the terms and 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, Producer shall have the right to refuse to perform this contract, shall retain any amounts theretofore paid to Producer by Purchaser, and Purchaser shall remain liable to Producer for the agreed price herein set forth. In addition, if, on or before the date of any scheduled concert, Purchaser has failed, neglected, or refused to perform for any earlier engagement, or if the financial standing or credit of Purchaser has been impaired or is in Producer’s opinion unsatisfactory, Producer shall have the right to demand the payment of the guaranteed compensation forthwith, Producer shall have the right to cancel the engagement by notices to Purchaser to that effect, and in such event Producer shall retain any amount theretofore paid to Producer 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 to 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 rule or regulation of 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 Producer shall not be liable in whole or in part for any obligation that may be incurred by Purchaser in carrying out any of the provisions hereof, or otherwise.

15. INDEMNIFICATION

A. Purchaser agrees to indemnify and hold harmless Producer/Artist and its employees, contractors and/or agents from and against any claims, costs (including attorney’s 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. Purchaser shall also indemnify and hold harmless Producer/Artist and its employees, contractors and/or agents from and against any and all loss damage and/or destruction occurring to its and/or its employees’, contractors’, or agents’ instruments and equipment at the place of the Engagement, including, but not limited to, damage, loss or destruction caused by Act of God.

16. TAXES

Purchaser shall pay and hold Producer harmless of and from any and all taxes, fees, dues and the like relating to the engagement hereunder and the sums payable to Producer 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 in 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. ANTICIPATORY BREACH

If on or before the date of any scheduled performance hereunder, the financial standing or credit of Promoter has been impaired or is unsatisfactory, Producer shall have the right to demand payment forthwith of the guaranteed compensation specified above, and if Promoter fails or refuses to make such payment forthwith, Producer shall then have the right to cancel this agreement. In the event of such cancellation, Producer shall have no further obligation to Promoter hereunder, and shall retain any monies theretofore paid to Producer by Promoter.

19. INTERNATIONAL TRAVEL

In the event the place of performance is outside the continental limits of the United States, Purchaser agrees to procure, at his sole expense, for Artist and party, the necessary visas, work permits and other documents of any nature whatsoever necessary or usually obtained to enable Artist to render its services hereunder. Also, Purchaser shall be responsible for, and indemnify and hold Producer/Artist harmless form and against, all local, municipal and country of government taxes, fees or levies on all income earned by Producer, or Producer’s employees while in the country or countries covered by this contract.

20. INSURANCE

Purchaser agrees to provide comprehensive 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 by Producer and/or its employees, contractors and agents). Such liability insurance shall be in the amount required by the venue, but in no event shall have the limit of less than One Million Dollars ($1, 000, 000) combined single limit for bodily injury and property damage. Such insurance shall be in full force and effect at all times Producer/Artist or any of Producer’s agents or independent contractors are in place of performance. Producer/Artist and its agent for the Engagement, shall be listed as additionally-named insureds under such insurance and this shall be indicated on the pertinent certificate of insurance. Purchaser also agrees to provide a policy of Workman’s Compensation covering all of Purchaser’s employees or third-party contractors. Purchaser further agrees to provide full all-risks insurance coverage for all equipment and instruments provided by Producer and/or its employees, contractors and agents against fire, vandalizing, theft, riot, or any other type of act or event causing harm or damage to, or loss of, the instruments and equipment so provided. Certificates of insurance relating to the coverage listed above shall be furnished by Purchaser to Producer at least fourteen (14) days prior to the Engagement. Producer’s failure to request or review such insurance certificates shall not affect Producer’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 Producer upon request.

21. MERCHANDISING

The Purchaser will provider a well-lit secure place to erect a merchandising stall. This shall be in such a position as to be easily visible to the public using the main entrance. This is to be at no cost to the Producer. Purchaser agrees that its agreement for presenting the engagement provided for herein shall prohibit the sale of souvenir or similar merchandise on the premises in connection with this engagement other than Producer’s official merchandise furnished by Producer.

22. PARAGRAPH HEADINGS

Paragraph headings are inserted in this Rider for convenience only and are not to be used in interpreting this Agreement.

AGREED TO AND ACCEPTED:

____________________________ ____________________________

PURCHASER CORPORATION

f/s/o CLIENT