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PERFORMANCE CONTRACT — TERMS AND CONDITIONS
1. PERFORMANCE—The Employer engages the Performer for the Performance as specified in the Program. The Employer will ensure the Performer has proper access to the Venue by the times specified in the Program to set up and prepare for the Performer. All performance WH&S & Insurances conditions must be met and in place at the agreed venue.
2. GT Entertainment AS AGENT—GT Entertainment executes this contract as the duty authorised agent for the Performer but it is not itself a party to the contract and has no liability under this Agreement whatsoever.
3. AUTHORISED REPRESENTATIVE—The Authorised Representative signing for and on behalf on the Employer agrees:
. (a) that they have authority from the Employer to do so:
. (b) that they accept personal responsibility and liability for payment of all money due from the Employer under this agreement;
. (c) to all terms and conditions of this Agreement on behalf of the Employer.
4. PERMITS AND CONSENTS - The Employer must obtain all permits and consents from the relevant authorities (including police and local council) necessary for the conduct of the Performance and must comply with the terms and conditions of those permits and consents.
5. INSURANCES—The Employer will ensure that the Venue has an adequate liability policy which provides cover to all persons at the Venue including the Performer for any loss of damage it suffers as a result of death, injury or damage to property.
6. INDEMNITY— The Employer will be liable for and will indemnify the Performer for any loss, damage or injury (to persons or property), actual or consequential that:
. (a) is incurred by the Performer in connection with the Performance or performing its obligations under this Agreement; and
. (b) arises (wholly or partly) from the Employer failing to observe its obligations under this Agreement, or any trespass, negligence, act or omission of the Employer, it’s agents or anyone under its supervision, direction or control.
8. SECURITY—The Employer must provide (at its own expense) an adequate number of security personnel or other attendants to provide supervision, control and conduct of those attending the function. The Employer will ensure that no unauthorised people enter the venue.
9. APRA FEES— The Employer must pay all royalties to the Australian Performing Rights Association (APRA) arising out of the Performance.
10. AUDIO / VISUAL RECORDINGS—The Employer cannot record the Performance nor permit anyone else at the Venue to record the Performance (either with video or audio equipment) unless the Employer provides a written request to the performer and Performer permits the recording of the Performance. If recording of the Performance by the Employer is permitted, the Employer will organise a copy of the recording to be given to the Performer.
11. VENUE—the Employer must ensure that the Venue has adequate power supplied and proper staging for the Performer. However, where normal power supplies are not available, the Employer will provide a safe, properly supervised generating system operated by qualified people. The Employer will indemnify the Performer for any loss, damage or injury arising through any malfunction of such a generating system.
12. EQUIPMENT PROVIDED BY EMPLOYER—Any public-address system, amplifiers, instruments or equipment provided by the Employer will be of good quality and in good working order to the specifications of the Performer.
13. BOOKING FEE—The Booking Fee must be paid by the date specified in the Program to secure the booking of the Performance. The Booking Fee is not refundable under any circumstances.
14. PERFORMANCE FEE—The Performance Fee must be paid by the date specified in the Program. If the Deposit is not paid by the due date, then unless some other arrangement is made in writing between the parties, this Agreement is terminated and there will be no Performance.
15. CANCELLATION—The Employer may cancel the Performance only if Groovy Tuesday is notified in writing and Groovy Tuesday; has acknowledged receipt of the notice of cancellation. If cancellation is made:
. (a) any time before 42 days prior to Performance Date, the Deposit will be returned to the Employer:
. (b) any time between 22 and 42 days (inclusive) prior to the Performance Date, the Performer will be entitled to retain the entire deposit paid:
. (c) any time within 21 days of the Performance Date, the full Performance Fee must be paid within 7 days of cancellation (and the Deposit paid will not be refunded):
. (d) due to bad weather or unsafe working conditions, the Employer must pay the full Performance Fee and the Performer is not required to perform.
16. LATE PAYMENT—If the balance of the Performance fee is more than 7 days late, GT Entertainment may charge interest at the rate of 12% per annum + 10% GST, on that amount, from the due date until the date on which it is paid in full.
17. PERFORMERS REQUIREMENTS—The Employer will provide the Performer with:
. (a) Proper dressing room facilities in accordance with the requirements set out below or within the text of the rider.
(b) Beverages in accordance with the requirements set out below & in accordance with the venues legal responsibilities.
18. OTHER ARTISTS—The Employer must notify the Performer if any other artists, DJ’s or speakers will require use of the Performer’s sound system. The Performer may charge an additional cost for such use to the Employer.
19. SPECIAL CONDITIONS— See Attached Sheet ~ Rider
= areas covered (up to 100 miles)
= free travel (up to 75 miles)
