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This Rider attached to and hereby made part of the Performance Contract dated
____________ between Wynton Marsalis Enterprises, Inc. f/s/o Wynton Marsalis
(hereinafter referred to as "Artist") and ________________________ (hereinafter
referred to as"Purchaser").
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Performance Date: _________________ City/State: _________________________

I. SHOW REQUIREMENTS
In order to assure a quality concert, Purchaser agrees to provide Artist with the
following, at Purchaser's sole cost and expense:

A. A stage which must be a minimum of twenty (20) feet deep from front to back
and thirty (30) feet wide from left to right. The stage must be flat, smooth and stable.
With respect to performances to be held outdoors, the stage must be completely
covered by a stable roof that will protect Artist and equipment from the elements to

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Artist's satisfaction. Microphones must be covered with filter windscreens.
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B. A professional sound augmentation system capableIofD S E
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providing clear,

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undistorted, evenly distributed sound throughout the audience Exhibit A).This

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system must be complete with high quality, low impedance microphones as specified in

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ARTIST'S STAGE PLAN.

N Lsystem asAspecified
C incARTIST'S
i a STAGE PLAN,
R andsaofirst class Lighting System.
W and loudspeakers
C. A first class Public Address

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including microphones, amplifiers
D N T s
(See Exhibit A).
B C O d A 0 7
Eelectricians,
R a . 0 0and other employees
nand foroperators
requiredW O r l 4
D. All stagehands, spotlight

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for the performance(s)
K uhereunder,
. 5
2 not to perform if the equipment provided
any rehearsals or sound checks

NO Ted 61 7
required by the Artist. Artist reserves the right
by the Purchaser does not meet Artist's specifications.

E. One nine foot Steinway D acoustic grand piano. The piano must be tuned to
A440 on the day of the performance. A piano tuner must be available at the sound
check and at the intermission or at the end of the first show for touch-up.

F. One rug for the drum set, 7 feet x 5 feet in dimension.

G. Purchaser agrees to provide and pay for all house programs, police, ushers,
tickets, ticket sellers, all advertising and other requirements related to this engagement.

H. Purchaser shall pay for all applicable guild fees, music license fees, union
dues or local taxes, including ASCAP, SESAC & BMI.

I. Purchaser agrees to be available to Artist's representative not later than eight

(8) weeks prior to the performance date to provide the Tour Manager and Audio
Engineer with essential information required to advance the engagement. Purchaser’s
failure to respond to Artist on a timely basis shall render this agreement null and void
and Artist shall be entitled to retain all deposits paid under this agreement.

II. DRESSING ROOMS

A. Purchaser agrees to provide secure, comfortable, private dressing rooms

for Artist's sole use. These rooms are to be clean, dry, well lighted and heated or air
conditioned as the weather dictates. The dressing room area must contain two (2) irons
& two (2) ironing boards; adequate chairs, mirrors & coat racks with hangers; sinks,
toilets & shower facilities with hot and cold running water. The dressing rooms are to be
made available to Artist's representative upon his arrival and are to remain available to
Artist and his staff for two (2) hours after the performance.

B. Purchaser shall be solely responsible for the security of items in the

dressing room area and shall make reasonable efforts to keep all unauthorized persons
from entering this area, particularly while Artist is performing. Dressing rooms shall

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have strong, working locks and the keys shall be given only to Artist's representative.

I D E E
C. The dressing rooms are to contain:
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 Fresh fruit, orange juice, apple juice, soda and beer (unless alcohol is prohibited).

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Fifteen (15) clean bath towels and fifteen (15) dark colored hand towels.

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A generous supply of non-carbonated drinking water and a sufficient


number of clean glasses.
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Quality food sufficient for twelve (12) people comparable to entrees served

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in a four star restaurant to include vegetables, starch, salad and two of the following
D O N A 07
three dishes (chicken, fish/seafood or beef).
B C d 0water and soda at load-in
WEtheFday,
D. Purchaser
R l a n(2) working
O urvegetable5selection.
shall also provide coffee,
4 . 0
tea, bottled

2
and throughout and lunch for two personnel consisting of a hot sit-

O T K
d provide
down meal including a salad and/or
7 .
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E. Purchasereshall 6 1a separate, secure office backstage with sufficient
lighting, power, desk and/or counter space and an Internet connection, two (2) office
chairs and sofa for Artist’s exclusive use as its Production Office.

III. SECURITY

Purchaser shall provide security at all times to ensure the safety of the Artists and the
security of their personal and professional property before, during and after the
performance(s). Placement of backstage security shall be at the direction of Artist’s
representative who will be responsible for authorizing backstage access to non-working
personnel. Artist’s representative will advise Purchaser of any non-venue security
passes in use by Artist, including press.

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IV. TRANSPORTATION

A. Purchaser shall provide and pay for the following three (3) vehicles to
transport musicians and equipment between the venue and the hotel for the sound
check and for the performance, and between the airport and the hotel if the Artist,
musicians or crew are using air transportation. These vehicles will be required when the
Artist is traveling via tour bus:
 One twelve foot (12') cargo van
 One chauffeured 15 passenger luxury van
 One chauffeured town car

B. If there is no one at the airport within thirty (30) minutes of Artist's arrival,
Artist will rent the necessary vehicles and Purchaser agrees to reimburse Artist in full for
the cost thereof prior to the first show. A chauffeured luxury automobile will be made
available to Artist’s Manager if his arrival or departure time differs from that of the Artist.

C. Purchaser will provide parking in well-lighted, secure area at the venue

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for one 48 foot tour bus. The bus is to have access to shore power during entire stay at

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venue. Additionally Purchaser will provide parking in well-lighted, secure area at the
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venue for Artist’s equipment truck.

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V. ACCOMMODATIONS

L in advance
NGroup C by Artist's a agent:
i/ Cell
Mr. David Sullivan / Ovation W TelA
/R o c
All hotel accommodations will be arranged travel

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Travel
N T s s
(212) 329-7214 (312) 961-9604 /
Email dstunes@yahoo.com
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B the day
All
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room and tax
A
charges must be
7
prepaid by Purchaser
0(1) day prior to the
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prior to the performance. Hotel arrangements
n dand must 0 0
include a free breakfast plan.

W if required
Rooms will be
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reserved
R r l a if an4early
of the performance
. check-in is required on the day
and one
performance

T F be ensured u by the.hotel,
2
by Artist. Additionally,
K 5rooms will be secured the day prior to
to check d 7
of the show but cannot

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enable Artists
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in immediately
1 upon their arrival. Hotel accommodations will
include eight (8)
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single rooms and one (1) suite with a tuned piano (an upright piano is
acceptable). Each room must have an iron & ironing board. Accommodations will be in a
five star hotel (Four Seasons, Ritz Carlton or equivalent). Artist shall be responsible for
all incidental charges including meals, movies, phone calls and laundry. Purchaser,
however, shall be responsible for the cost of renting Artist’s piano. Unless agreed in
writing by Artist, accommodations arranged by the Purchaser will not satisfy the terms of
this contract.

VI. PAYMENT/SETTLEMENT

A. Purchaser is to pay Artist's representative the guaranteed amount (or the

balance of the guarantee if a deposit was paid) prior to the performance. Payments are
to be in the form of a cashier's check, university check, or money order as specified in
the contract or cash (if requested). For flat fee agreements, paragraphs B & C below are
not applicable.

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 B. Any balance due from a percentage agreement is to be paid immediately
after the box office closes. Unless otherwise approved, the final settlement will take
place not later than sixty (60) minutes after the performance. Whenever there is a
percentage agreement, Artist's representative shall have the right to be present in the
box office before and during the performance and intermissions. Artist’s representative
shall be permitted to examine and make extracts from box office records related to this
performance. Purchaser shall provide Artist's representative with copies of any bills,
statements and receipts that enter into the computation of Purchaser's expenses for this
performance. Purchaser shall also provide Artist's representative with a ticket printer's
manifest and a detailed box office statement signed by the Purchaser. "Show Expenses"
shall mean those direct costs and expenses customarily incurred in the promotion of
musical concerts. All receipts and expenses are subject to approval by Artist's
representative.

C. If Artist is being paid on a percentage basis and expenses exceed

Purchaser’s projection herein, the split point shall not be revised. If, however, actual
costs are less than expenses stated herein, the split point will be reduced by the

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difference between projected expenses below and actual costs, as established, based

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upon the paid bills maintained in connection with this event. Purchaser represents that
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total expenses are $_______________ (Details must accompany this projection).
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VII. COMPLIMENTARY TICKETS D
A TU tes
L O C i a
N
A. Purchaser agrees to reserve
W(30) in allT R A c
forty (40) complimentary tickets
o for all Boston
for Artist for

Orleans & Santa Fe andO

s s
each performance in New York City, Washington DC, Chicago, Los Angeles, New
Naside twelve
D agreesO
thirty

B These seats A location, 7the centertickets

other cities. Additionally,
0
Ted Kurland E
performances Purchaser
C
to set
n d 0 may not be located8 in-15
(12) complimentary

0
for the

from theW
Agency.
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O is touensure a
rl that the5Artist's
must be in prime
.
in in rows
4 fans will have access to the first
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front of the stage. Tickets distributed by the Purchaser

seven rows. T
front of row 8. This request
K to provide
7 2
.Artist with a corresponding number of
O d 1
N access Tepasses. This6paragraph
Purchaser agrees
backstage/all does not apply to private events and
benefits.

B. _______ The paragraph to follow will be incorporated into the Rider and will
become an integral part of this contract only if an "X" is placed on the blank above.
Purchaser agrees to provide 10 pairs of tickets to a designated representative of the
Artist for a radio promotion (i.e., ticket giveaway) to be produced by Artist’s record
company for the contracted performance. Tickets will be provided at no charge to Artist.
Seats must be in the center between rows 5 &15.

VIII. TICKET SALES

A. Purchaser agrees to provide Artist’s representative with advance sales

statistics not less than weekly from the time of the on-sale date to the date of the Event.
Purchaser agrees to provide Artists with a seating plan showing seat kills and restricted
viewing seats prior to Event going on sale. The number and price of any tickets for so-
called “restricted viewing” seats must be approved by Artist prior to sale. All tickets are

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to be printed by a bonded ticket supplier and consecutively numbered. Purchaser
accepts full liability for counterfeit tickets. Under no circumstances will Artist assume
loss of income from such tickets. This paragraph does not apply to private events and
benefits.

B. Purchaser will clearly print the specific capacity, gross potential and ticket
price breakdown of the facility where Event is to take place under this agreement on the
face of contract to which this Rider attaches.

IX. CANCELLATION

A. If the performance is canceled by Purchaser for any reason other than an Act
of God, governmental restrictions, threat of terrorism, riot, strike, national or international
emergency, or Artist’s breech or default, Artist is to be paid the contract fee in full. In
the event of such cancellation, Artist shall not be required to perform at a later time.

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B. Purchaser agrees that Artist may postpone the engagement hereunder by

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giving Purchaser notice at least sixty (60) days prior to the date of this engagement if
I E
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Artist is called upon to furnish his services in connection with a motion picture,
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Broadway production or prime time television program and if Artist, in his sole discretion,

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determines that this engagement might conflict with such other event, or with the

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rehearsal or preparation therefore. In any such instance, Artist shall reimburse
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Purchaser for actual out-of-pocket expenses and non-refundable deposits and agrees to

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reschedule this performance within twelve (12) months of such cancellation.
Ror postponesthiso contract without liability in
C. Artist reservesO theW T s
the event of an Act ofD O N
right to cancel
A severeclose
0 7friendgovernmental
E B C
God (including
n d
death of a musician,
0 0 or international emergency
or family

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member), illness, failure
Rof means
O or injury
of
l a riot, strike, .
transportation,
ris likely to occur.
weather,
4 In any such instance, neither party
or when physical F u 5
restrictions, potential threat of terrorism, national

will have anyT claim for costsK

violence
7 2
.hereunder and Artist shall promptly return all
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N to Purchaser. d
e Artist 61be required to perform before any audience that is
or damages
deposits
segregated on the Tbasis shall not
of race or creed.

D. In the case of late arrival due to circumstances beyond the Artist’s control
(e.g. weather, traffic delays, flight cancellation or route changes etc) Purchaser must
make all reasonable efforts to present the concert when Artist arrives in the city of the
engagement. Purchaser cannot cancel the concert for the above reasons without Artist’s
consent. No reductions of the contract fee can be made if the concert takes place at a
time other than originally scheduled.

E. In the event of breach by Purchaser of any of the terms, covenants or

conditions of this contract or contract rider, Artist shall not be required to perform
hereunder and Purchaser shall pay Artist the full amount of the performance fee as
specified in the contract.

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X. RECORDING / BROADCAST / PRODUCTION CONTROL

A. No portion of the performance(s) may be recorded, filmed, taped, broadcast

or mechanically reproduced without prior written consent from Artist or his Management.
If an unauthorized recording is discovered, Artist shall have the right to withhold his
performance without prejudice to his rights hereunder.

B. If any rights to television or radio transmission are granted under this

Agreement, all such broadcasts shall be subject to the terms of ARTIST'S BROADCAST
AGREEMENT. Immediately after the broadcast, the master tape(s) shall be returned to
the Artist who shall be the sole owner thereof without restriction. Purchaser is prohibited
from retaining a copy of the tape(s).

C. For all concerts and television or radio broadcasts thereof, Artist's Audio
Engineer shall have absolute control over all lighting and audio decisions. This includes,
but is not limited to all audio console levels, equalization and stereo balance controls,
microphone selection, as well as the position of band members, instruments and

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microphones on stage, however the sound level shall be set in consultation with the
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house engineer. Purchaser shall be responsible for advising television or radio
I S E
R L U audio or
producers, in advance, of Artist’s requisite degree of control.

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D. Purchaser will deny entrance to any persons carrying unauthorized
video recording devices.
O Athe performance
T U over the t e s
N Lagrees toAcooperate
E. Artist reserves all rights to stream
C with c a to make such
iArtist Internet. If Artist

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elects to stream the event, Purchaser
streaming possible.
D O N A 07
B C O d 0
WE FOR urlan 54.0
XI. BILLING

T K 7 . 2
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In all news releases,
d 61MARSALIS
announcements, advertisements, posters and printed programs
N Te WYNTON
relative to this engagement, the billing should read as follows:

XII. ADVERTISING AND MERCHANDISE SALES & RESTRICTIONS

A. Purchaser agrees not to place signs, placards, banners or other commercial

advertising material on or near the stage during the performance(s) nor shall Artist's
appearance be tied to any commercial product or company without consent from Artist
or his Management. Purchaser further agrees that Artist's name will not be used in
association, directly or indirectly, with any product or service without Artist's prior written
consent.

B. Artist’s designated representative shall have the right to sell merchandise at

the venue in connection with Artist’s performance. Purchaser shall be paid ten percent
(10%) of net receipts from the sale of such merchandise or fifteen percent (15%) if
Purchaser supplies a concessionaire. Purchaser is enjoined from selling or distributing

6
any merchandise with Artist’s likeness, any phonograph recordings, or other souvenir
material at the performance(s) hereunder without Artist's written consent.

C. Purchaser may use Artist's name, authorized pictures, photographs, and

other life likeness to advertise and publicize this engagement, but such use shall not be
an endorsement of any company, product or service. Such rights shall be in effect only
during the period of this engagement.

D. All advertising must include the following wording:

visit www.wyntonmarsalis.com

XIII. SHOW PLACEMENT

A. Whenever there is more than one act performing (festivals for example),
Purchaser agrees to consult with Artist's Management and to position Artist in the lineup
as directed.

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I D
B. Replacement of any sidemen or change of the band composition shall not
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affect the terms of this agreement.

D
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XIV. INSURANCE & INDEMNIFICATIONS D
O A TU tes
N L or A C insurancec ialiability
W R o
A. Purchaser must obtain insurance maintain covering Artist's

O damage.
performance, including but not limited
N T s
to: comprehensive
s general in the amount

both for bodily injury D O A 7

required by the venue but in no event less than one million ($1,000,000.00) single limit,

and effect atE B C

all times that Artist is in the n
and property
d
This insurance
0
0 its property or in transit
coverage shall be in full force

thereto. W
O urR l a 4 . 0
confines of the venue,

F
T shall notdbeK 2 5
. to any guest, patron, investor, owner,
N O e contractor 7
1or for damage to venue property, fixtures, or
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B. Artist liable for injury
employee
T
or independent
personal property caused by any person, including as a result of the installation or
operation of equipment provided by Artist unless caused by gross negligence of Artist or
Artist’s agents.

C. Purchaser shall defend and hold Artist, its officers, employees or agents
harmless from and against any and all liability, loss, expense (including reasonable
attorney’s fees), or claims for injury or damages arising out of the performance of this
Agreement but only to the extent such damages are caused by or result from the
negligent or intentional acts or omissions of the Purchaser, its officers, agents, or
employees.

D. Artist shall defend and hold Purchaser, its officers, employees or agents
harmless from and against any and all liability, loss, expense (including reasonable
attorney’s fees), or claims for injury or damages arising out of the performance of this
Agreement but only to the extent such damages are caused by or result from the
negligent or intentional acts or omissions of the Artist, its officers, agents, or employees.

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XV. SEVERABILITY OF TERMS

If any provision of this Agreement conflicts with any Federal, state or local law, rule or
regulation, this Agreement shall be modified to the extent necessary to eliminate the
conflict(s) and the rest of the Agreement shall remain in full force and effect.

XVI. FAILURE TO FULFILL OBLIGATIONS

Each one of the terms and conditions of this contract is of the essence of this
agreement and necessary for the presentation 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, Artist shall have the right to refuse to perform this
contract, shall retain any amounts theretofore paid to Artist by Purchaser, and
Purchaser shall remain liable to Artist for the agreed price herein set forth. In addition,
if, on or before the date of the Event, the financial standing or credit of Purchaser has
been impaired, Artist shall have the right to demand the payment of the guaranteed

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compensation forthwith prior to performing and if Purchases refuses or is unable to pay

D E E
Artist shall have the right to cancel this engagement by notice to Purchaser to that
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effect, and in such event Artist shall retain any amount theretofore paid to Artist by

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Purchaser.

D E RA
XVII.
O A TU tes
N LmodifiedA or C c ia
hereto. In theR
writing, signed by the partiesW
This Agreement may not be changed,
case of anys
T the terms
Othis engagement, o
altered except by an instrument in

D O N A s contained
conflict
7
of terms with any other

B C and 00 0
documents associated with in this Rider shall
prevail.
E
WAND F R .
O TO: url ACCEPTED 5 4
T K . 2
ACCEPTED AGREED AND AGREED TO:

N O e d 617_____________________________
ARTIST MANAGEMENTT / DATE
_________________________
PURCHASER / DATE
______________________________________________________________________
To schedule advance press contact:
Genevieve Stewart
Telephone: (212) 258 9860 / Fax: (212) 258 9914 / gstewart@jalc.com

Sound & Lighting:

David Robinson
Telephone: Cell (713) 747-5299 / sugarob@hotmail.com

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 Exhibit A
Wynton Marsalis
Sound & Lighting Requirements
All Sound and Lighting Changes or Substitutions must
be Approved by Artist's Production Manager

Sound:

Front of House Console (Either System):

● Digital Consoles Acceptable Are:
Soundcraft Vi6, Digidesign Venue D-Show, Yamaha M7 Cl

● Analog Consoles Acceptable Are:

Midas Heritage or Verona, Soundcraft Series 5 or Mh4

Effects and Processing ( For Analog System Only):

● Yamaha Spx 900 or Equivalent
E R
● Klark-Teknik Dn360 EQ
I D S E
● CD-RW Unit (Recording Capable)
D R LU
D E RA
A (Matrixed U s
FOH Speaker System:

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● Meyer, JBL Vertec or Martin Line Array
T t e
● Two Subs (One Per Side N
L
Thru Aux Out) AC
● Front and Side Fill Speakers as Needed
c
Out)
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D O N A 07
B C d
Power Amps:
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● Crown, Crest
R
or Qsc Power
a
Amps
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Communication: FO u r l 5 4
T System K 7 2
. Between FOH, Lighting Booth
O d 61
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● Clear-Com for Communication
N and Backstage Stage Manager. Telephone Handset Required at FOH

Monitors:
● No Monitors are Required

Mics:
● (2) Shure Sm58
 (2) Shure Sm57

Mic Stands and Cables:

● Stands and Cables Necessary to Accommodate all Mic Inputs Specified
on Artist's Stage Plot and Input List, Plus Four Additional Boom Stands

Lighting:
● Standard White Concert Lighting is Preferred. If Not Possible, Artist
will use the House Rep Plot with Approved Changes. Concert Hall Lights Must
be Dimmable. Artist Cannot Work in a Dark House