PROMOTER'S OBLIGATIONS. 8.1 Although under Section 9.1 WRESTLER shall bear responsibility for obtaining appropriate licenses for participating in wrestling exhibitions, PROMOTER shall be responsible for obtaining all other appropriate licenses to conduct professional wrestling exhibitions involving WRESTLER. If PROMOTER, at its discretion, agrees to assist WRESTLER in obtaining such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER for its fees and expenses incurred in connection therewith. 8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER: (a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match; (b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and (c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual or otherwise, it deems appropriate to delegate, assign, or otherwise transfer its obligations. 8.3 PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location of the Events at which WRESTLER is booked, WRESTLER's opponent, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion. 8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes of this Agreement, Force Majeure shall mean any act of God, fire, flood, war or other calamity; strike or labor difficulties; any governmental action or any other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable control, and, which despite best efforts prohibits WRESTLER’s performance or appearance at such Event.
Appears in 2 contracts
Samples: Booking Agreement, Booking Contract (World Wrestling Entertainmentinc)
PROMOTER'S OBLIGATIONS. 8.1 Although While this Agreement remains in effect:
a. Promoter shall perform its obligations under Section 9.1 WRESTLER shall bear responsibility for obtaining appropriate licenses for participating this Agreement diligently, in wrestling exhibitionsgood faith, PROMOTER shall and in compliance with all applicable federal and state laws, rules, and regulations, including without limitation, the Investment Advisers Act of 1940 (“Advisors Act”), the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Company Act of 1940, the laws of each State having jurisdiction; all of the related rules, regulations, and court decisions; if applicable, the rules of the Financial Industry Regulatory Authority, Inc.; and all instructions, directions, and performance targets given to Promoter by Advisor; as each of these may be responsible for obtaining all amended or supplemented from time to time (collectively, the “Applicable Requirements”).
b. Promoter agrees that any violation of the Applicable Requirements, and/or any violation of the covenants, representations, warranties, and other appropriate licenses to conduct professional wrestling exhibitions involving WRESTLER. If PROMOTERterms contained in this Agreement may, at its Advisor’s discretion, agrees to assist WRESTLER in obtaining such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER be grounds for its fees and expenses incurred in connection therewith.
8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER:
(a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match;
(b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and
(c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual or otherwise, it deems appropriate to delegate, assign, or otherwise transfer its obligations.
8.3 PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location of the Events at which WRESTLER is booked, WRESTLER's opponent, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion.
8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes immediate termination of this Agreement, Force Majeure provided, that Advisor shall mean have given Promoter notice and not less than two business days to cure the violation, if possible, whereupon if not cured then all Referral Fees and other claims whatsoever accruing under this Agreement shall be forfeited by Promoter, and Advisor shall have the other remedies provided under this Agreement and applicable law. Promoter shall immediately notify Advisor of any act breach of Godthis Agreement or the Advisors Act bv Promoter or its agents.
c. If Promoter is a corporate entity, fireit is solely and exclusively responsible for the supervision of the activities of its own officers, flooddirectors, war partners, members, representatives, employees, and other agents.
d. Promoter shall supervise correspondence, advertising materials, promotional materials, and all other forms of communication with the public utilized by Promoter in the course of its performance under this Agreement. Promoter will not distribute or otherwise use any correspondence, advertising materials, promotional materials, or other calamity; strike information or labor difficulties; documentation relating to Advisor or its services unless such materials have been given prior approval in writing by Advisor. Promoter shall provide all reasonably requested information to Advisor in order to allow Advisor to ensure Promoter’s compliance with the terms and conditions of this Agreement and the Advisers Act, as amended,
e. Promoter shall promptly forward to Advisor any governmental action Referred Client’s complaint and any inquiry by any federal or state regulatory agency.
f. Promoter shall cooperate with Advisor in the investigation and defense of any complaint, inquiry, arbitration, litigation, or other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable control, and, which despite best efforts prohibits WRESTLER’s performance or appearance at such Eventproceeding involving a Referred Client.
Appears in 1 contract
Samples: Promoter Agreement
PROMOTER'S OBLIGATIONS. 8.1 Although under Section 9.1 WRESTLER shall bear responsibility for obtaining appropriate licenses for participating in wrestling exhibitions, PROMOTER shall be responsible for obtaining all other appropriate licenses to conduct professional wrestling exhibitions involving WRESTLER. If PROMOTER, at its discretion, agrees to assist WRESTLER in obtaining such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER for its fees and expenses incurred in connection therewith.
8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER:
(a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match;
(b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and
(c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual or otherwise, it deems appropriate to delegate, assign, or otherwise transfer its obligations.
8.3 (a) PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location of the Events at which WRESTLER is booked, WRESTLER's opponent, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion.
(b) PROMOTER agrees that it will use commercially reasonably efforts to limit the number of pay-per-views, non- televised live events and shows taped or broadcast live for television (“Dates”) each year of the Term that WRESTLER will perform his wrestling services for or on behalf of PROMOTER; provided however, that WRESTLER shall not be required by PROMOTER to perform his wrestling services beyond a maximum of one hundred eighty (180) Dates per year (i.e., no more than fifteen (15) Dates per month) of the Term. The parties must mutually agree before WRESTLER will perform wrestling services beyond one hundred eighty (180) Dates in any year of the Term, or beyond fifteen (15) Dates per month.
8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes of this Agreement, Force Majeure shall mean any act of God, fire, flood, war or other calamity; strike or labor difficulties; any governmental action or any other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable control, and, which despite best efforts prohibits WRESTLER’s performance or appearance at such Event.
Appears in 1 contract
Samples: Booking Agreement
PROMOTER'S OBLIGATIONS. 8.1 Although under Section 9.1 WRESTLER Promoter's services as Exclusive producer and promoter of the Exhibit ("Promoter's Obligations") shall bear responsibility include:
(a) All services typically and/or customarily provided by professional, first class event promoters of events similar to the Exhibit, including, without limitation:
(i) booking and promoting the Exhibit throughout the Term either independently or in conjunction with local and/or regional promoters;
(ii) obtaining permits and otherwise interfacing with governmental authorities in connection with the presentation, advertising and promotion of the Exhibit;
(iii) arranging security in connection with the Exhibit;
(iv) advertising, marketing and promoting the Exhibit;
(v) selling tickets and admissions to the Exhibit ("Ticket Sales"), including, without limitation, premium ticketing and corporate and similar package sales which include admissions to the Exhibit;
(vi) employing and training all staff required for obtaining appropriate licenses the Exhibit, including, without limitation, personnel as ticket takers, operators, ushers, escorts and, if applicable, performers in the Exhibit;
(vii) supervising and providing labor to unload, set-up and strike the Exhibit, including, without limitation, all components thereof;
(viii) providing transportation and accommodations (along with personal appearance fees), as required and as approved in advance by Promoter, for participating special guests (such as actors providing publicity for the Exhibit), and transportation and storage for materials;
(ix) securing all necessary consents and clearances in wrestling exhibitionsconnection with the Exhibit prior to the opening of each particular Exhibit; and
(x) repair and maintenance of all costumes, PROMOTER props, artwork and other assets and elements of the Exhibit.
(b) The negotiation and administration of a merchandise agreement with Premier Merchandising, LLC, an affiliate of Promoter, (the "Merchandise Agreement"), pertaining to the manufacture, distribution and/or sale of merchandise based on or utilizing the elements of the Property, Trademarks and/or Exhibit, subject to the approval of BV as provided in Paragraph 8 herein.
(c) The negotiation and administration of all venue agreements, sponsorship agreements, and other agreements with one or more third party vendors in connection with all other pre-approved revenue-generating components of the Exhibit.
(d) The Promoter's Obligations shall be performed in coordination with BV.
(e) Without limiting the foregoing, as part of Promoter's Obligations hereunder, Promoter shall be solely responsible for obtaining funding all costs and expenses which are incurred after the Effective Date in connection with mounting, operating, advertising, promoting and maintaining the Exhibit, including, but not limited to funding all costs and expenses associated with the construction of the Exhibit sets, retail areas, advertising and publicity for the Exhibit and all venue-related expenses (i.e., insurance, security, staffing, transportation, storage. utilities, etc.) and transport of any items created in connection with the Exhibit and/or any props, costumes, artwork and other appropriate licenses assets loaned by BV or any other persons or entities in connection with the Exhibit as well as any fees, residuals or other sums payable to conduct professional wrestling exhibitions involving WRESTLERany guilds or union which might have jurisdiction over the Exhibit. If PROMOTER, at its discretion, agrees to assist WRESTLER in obtaining Promoter shall not deduct and/or offset any such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER for its fees costs and expenses incurred in connection therewith.
8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER:
(a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match;
(b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and
(c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual Exhibit or otherwise, it deems appropriate to delegateexcept as otherwise specifically set forth herein. Notwithstanding the foregoing, assign, or otherwise transfer its obligations.
8.3 PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location whereas as of the Events at Effective Date, the fees, residuals and other sums potentially payable to the guilds and unions which WRESTLER is bookedmight have jurisdiction over the Exhibit (collectively, WRESTLER's opponentthe "Union Costs") are not calculable, the parties hereby acknowledge and agree that in the event the Union Costs exceed US$200,000.00 during the Term, BV shall be responsible for paying the portion of such Union Costs exceeding US$200,000.00 in accordance with the requirements of the guilds and unions. The portion of the Union Costs over US$200,000.00 and less than US $400,000.00 paid by BV shall be deducted from the recoupable portion of the Advance (for example, if the Union Costs total US$300,000.00 so that BV pays US$100,000.00 of the Union Costs, US$100,000.00 shall be deducted from the recoupable portion of the Advance so that Promoter shall be entitled to recoup only US$900,000.00 of the US$1,000,000.00 Advance from the BV Royalty). BV shall be solely responsible for any portion of the Union Costs in excess of US$400,000.00, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion.
8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes entitled to any adjustment to the recoupable portion of this Agreementthe Advance, Force Majeure shall mean any act of God, fire, flood, war or other calamity; strike or labor difficulties; any governmental action or to any other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable controlform of recoupment, and, which despite best efforts prohibits WRESTLER’s performance or appearance at for such Eventcosts.
Appears in 1 contract
PROMOTER'S OBLIGATIONS. 8.1 Although under Section 9.1 WRESTLER shall bear responsibility for obtaining appropriate licenses for participating in wrestling exhibitions, PROMOTER shall be responsible for obtaining all other appropriate licenses to conduct professional wrestling exhibitions involving WRESTLER. If PROMOTER, at its discretion, agrees to assist WRESTLER in obtaining such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER for its fees and expenses incurred in connection therewith.
8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER:
(a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match;
(b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and
(c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual or otherwise, it deems appropriate to delegate, assign, or otherwise transfer its obligations.
8.3 (a) PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location of the Events at which WRESTLER is booked, WRESTLER's opponent, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion.
(b) PROMOTER agrees that it will use commercially reasonably efforts to limit the number of pay-per-views, non-televised live events and shows taped or broadcast live for television (“Dates”) each year of the Term that WRESTLER will perform his wrestling services for or on behalf of PROMOTER; provided however, that WRESTLER shall not be required by PROMOTER to perform his wrestling services beyond a maximum of one hundred eighty (180) Dates per year (i.e., no more than fifteen (15) Dates per month) of the Term. The parties must mutually agree before WRESTLER will perform wrestling services beyond one hundred eighty (180) Dates in any year of the Term, or beyond fifteen (15) Dates per month.
8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes of this Agreement, Force Majeure shall mean any act of God, fire, flood, war or other calamity; strike or labor difficulties; any governmental action or any other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable control, and, which despite best efforts prohibits WRESTLER’s performance or appearance at such Event.
Appears in 1 contract
Samples: Booking Contract (World Wrestling Entertainmentinc)
PROMOTER'S OBLIGATIONS. 8.1 Although under Section 9.1 WRESTLER Promoter's services as Exclusive producer and promoter of the Exhibit ("Promoter's Obligations") shall bear responsibility include:
(a) All services typically and/or customarily provided by professional, first class event promoters of events similar to the Exhibit, including, without limitation:
(i) booking and promoting the Exhibit throughout the Term either independently or in conjunction with local and/or regional promoters;
(ii) obtaining permits and otherwise interfacing with governmental authorities in connection with the presentation, advertising and promotion of the Exhibit;
(iii) arranging security in connection with the Exhibit;
(iv) advertising, marketing and promoting the Exhibit;
(v) selling tickets and admissions to the Exhibit ("Ticket Sales"), including, without limitation, premium ticketing and corporate and similar package sales which include admissions to the Exhibit;
(vi) employing and training all staff required for obtaining appropriate licenses the Exhibit, including, without limitation, personnel as ticket takers, operators, ushers, escorts and, if applicable, performers in the Exhibit;
(vii) supervising and providing labor to unload, set-up and strike the Exhibit, including, without limitation, all components thereof;
(viii) providing transportation and accommodations (along with personal appearance fees), as required and as approved in advance by Promoter, for participating special guests (such as actors providing publicity for the Exhibit), and transportation and storage for materials;
(ix) securing all necessary consents and clearances in wrestling exhibitionsconnection with the Exhibit prior to the opening of each particular Exhibit; and
(x) repair and maintenance of all costumes, PROMOTER props, artwork and other assets and elements of the Exhibit.
(b) The negotiation and administration of a merchandise agreement with Premier Merchandising, LLC, an affiliate of Promoter, (the "Merchandise Agreement"), pertaining to the manufacture, distribution and/or sale of merchandise based on or utilizing the elements of the Property, Trademarks and/or Exhibit, subject to the approval of BV as provided in Paragraph 8 herein.
(c) The negotiation and administration of all venue agreements, sponsorship agreements, and other agreements with one or more third party vendors in connection with all other pre-approved revenue-generating components of the Exhibit.
(d) The Promoter's Obligations shall be performed in coordination with BV.
(e) Without limiting the foregoing, as part of Promoter's Obligations hereunder, Promoter shall be solely responsible for obtaining funding all costs and expenses which are incurred after the Effective Date in connection with mounting, operating, advertising, promoting and maintaining the Exhibit, including, but not limited to funding all costs and expenses associated with the construction of the Exhibit sets, retail areas, advertising and publicity for the Exhibit and all venue-related expenses (i.e., insurance, security, staffing, transportation, storage. utilities, etc.) and transport of any items created in connection with the Exhibit and/or any props, costumes, artwork and other appropriate licenses assets loaned by BV or any other persons or entities in connection with the Exhibit as well as any fees, residuals or other sums payable to conduct professional wrestling exhibitions involving WRESTLERany guilds or union which might have jurisdiction over the Exhibit. If PROMOTER, at its discretion, agrees to assist WRESTLER in obtaining Promoter shall not deduct and/or offset any such licenses, which shall include any permits, visas, or otherwise, WRESTLER shall reimburse PROMOTER for its fees costs and expenses incurred in connection therewith.
8.2 PROMOTER shall bear the following costs in connection with the development and enhancement of the value of WRESTLER's performance hereunder and WRESTLER’s standing in the professional wrestling community, all of which shall benefit WRESTLER:
(a) In connection with WRESTLER's appearances and performance at any Events produced by PROMOTER and staged before a live audience, PROMOTER shall bear the cost of location rental, PROMOTER's third party comprehensive liability insurance for the benefit of the venues, applicable state and local admission taxes, promotional assistance, sound and light equipment, wrestling ring, officials, police and fire protection, and such additional security guards as PROMOTER shall require in its discretion during a professional wrestling match;
(b) In connection with the production, distribution, and exploitation of the Footage, PROMOTER shall bear all costs incurred in connection with such production, distribution, broadcast, transmission or other forms of mass media communication; and
(c) In connection with any product or service licensing activities and/or merchandising activities, PROMOTER shall bear all costs of negotiating, securing or otherwise obtaining the product or service licensing arrangements, including costs of agents, consultants, attorneys and others involved in making the product or service licensing activities; and PROMOTER shall bear all costs of creating, designing, developing, producing and marketing merchandise or services. In order to fulfill these obligations, PROMOTER may make any arrangements, contractual Exhibit or otherwise, it deems appropriate to delegateexcept as otherwise specifically set forth herein. Notwithstanding the foregoing, assign, or otherwise transfer its obligations.
8.3 PROMOTER shall schedule the Events and book WRESTLER for the Events. In doing so, PROMOTER shall select the time and location whereas as of the Events at Effective Date, the fees, residuals and other sums potentially payable to the guilds and unions which WRESTLER is bookedmight have jurisdiction over the Exhibit (collectively, WRESTLER's opponentthe "Union Costs") are not calculable, the parties hereby acknowledge and agree that in the event the Union Costs exceed US$200,000.00 during the Term, BV shall be responsible for paying the portion of such Union Costs exceeding US$200,000.00 in accordance with the requirements of the guilds and unions. The portion of the Union Costs over US$200,000.00 and less than US $400,000.00 paid by BV shall be deducted from the recoupable portion of the Advance (for example, if the Union Costs total US$300,000.00 so that BV pays US$100,000.00 of the Union Costs, US$100,000.00 shall be deducted from the recoupable portion of the Advance so that Promoter shall be entitled to recoup only US$900,000.00 of the US$1,000,000.00 Advance from the BV Royalty). BV shall be solely responsible for any portion of the Union Costs in excess of US$400,000.00, and any other wrestlers who will appear at such Event. PROMOTER shall provide WRESTLER with reasonable advance notice of the date, time, and place of any such Event, and WRESTLER shall appear at the designated location for any such Event no later than one hour before the designated time. If WRESTLER fails to appear as required without advance twenty-four (24) hours notice to PROMOTER and PROMOTER must substitute another wrestler to appear in WRESTLER's place at the Event, then PROMOTER may fine, suspend or terminate WRESTLER in its sole discretion.
8.4 Notwithstanding the above, if WRESTLER shall be prevented from appearing at an Event by reason of Force Majeure, the above fines shall not be imposed. For purposes entitled to any adjustment to the recoupable portion of this Agreementthe Advance, Force Majeure shall mean any act of God, fire, flood, war or other calamity; strike or labor difficulties; any governmental action or to any other serious emergency affecting WRESTLER which occurrence is beyond WRESTLER's reasonable controlform of recoupment, and, which despite best efforts prohibits WRESTLER’s performance or appearance at for such Event.costs. 4
Appears in 1 contract
Samples: Promoter Agreement
