Artist Contract for Booking in Venue
Terms and Conditions
In this contract, unless the context otherwise indicates:
- “Artist” means the artist described in the Schedule;
- “Artist Contact” means the Artist Contact named in the Schedule
- “Audio Production” means the public address system to be utilised for the Performance, including related items such as microphones and stands, foldback monitoring system and mixing desk
- “AV Production” means audio-visual equipment required for the Performance such as projector, backing screen, computer system
- “Backline” means the musical instrument equipment to be provided for the Artist’s use in the Performance;
- “Balance Equipment” means all other musical instruments and equipment required by the Artist to properly carry out the Performance;
- “Engagement” means the engagement of Artist by Jabba for the Performance.
- “Exclusion Period” means the time period comprising the Period Prior to the Performance Date, the Performance Date and the Period Following the Performance Date as stipulated in the Schedule (if any)
- “Exclusion Zone” means the area that is within the Distance from Venue stipulated in the Schedule (if any)
- “Fee” means the performance fee described in the Schedule
- “Jabba” means Jabba Entertainment Pty Ltd ACN 626 879 776
- “Lighting Production” means all lighting and effects required for the Performance
- “Performance” means the performance for which the artist is booked under this Agreement
- ‘“Performance Date” means the Performance Date described in the Schedule;
- “Performance Details” means the Performance Details listed in the Schedule;
- “Performance Space” means the area allocated by the Venue in or about the Venue for use by Artist for the Performance.
- “Schedule” means the part of this contract headed “Schedule” containing the schedule of information relevant to this Agreement.
- “Terms and Conditions” means the terms and conditions set out in this Agreement.
- “Venue” means the Performance Venue described in the Schedule;
- Jabba offers to engage Artist for the Performance on the terms and conditions contained in this Agreement, and Artist accepts that engagement (“The Engagement”).
- This agreement creates a relationship of contractors. This agreement is not intended to bring about a relationship of employment, partnership, joint venture, agency or other such relationship.
- The Performance Fee will be paid by Jabba to Artist within 7 days of Artist providing a valid tax invoice or supplier statement (as the case may be) to Jabba and Jabba receiving payment in respect of the Performance from the Venue. If Artist is registered for GST. The Performance Fee is inclusive of GST.
- Artist must respond in a timely manner to communications from Jabba about the Engagement.
- Artist must assist Venue and Jabba with all reasonable requests for promotion of the Performance by the Artist including but not limited to:
- Provision of promotional material such as photographs, posters, online content such as videos and recordings, song list, Artist biography, press kit;
- Provision of images, logos, artwork etc, of suitable quality to be reproduced in print and on the internet;
- Participation in interviews including by telephone and, where reasonable, in person
- Artist does hereby irrevocably authorise request and direct Jabba and/or Venue to use Artist’s name, name, likeness, logos, material provided in accordance with clause 6 hereof and other IP to promote the Artist’s Performance both in advance, and in future general promotion of Venue and/or Jabba.
- Artist will undertake promotion of its Performance on its own promotional platforms including but not limited to social media, website, fan mail list etc.
- Artist does hereby irrevocably authorise request and direct Jabba and/or Venue to take or cause to be taken photos and/or film of Artist’s Performance and for Venue and/or Jabba to utilise parts of such footage for future promotion of Venue and/or Jabba.
- If Audio Production is being provided by someone other than Artist, Artist must provide to Jabba production specifications and stage plot with return of contract. If not provided, Jabba, in its discretion, may organise what production it reasonably considers will be reasonably necessary for the Performance and may instruct production provider as to stage layout and Artist must complete Performance with the production so arranged.
- Artist must not communicate with Venue directly either prior to or after the Performance without written permission from Jabba. For the purposes of the Engagement Jabba does hereby authorise request and direct Artist to communicate with Venue when Artist is at Venue for purposes of the Engagement.
- The Performance Details may be amended by Jabba upon reasonable notice to Artist provided that any such amendment must not be unreasonable or unfairly change the nature of the Performance and/or the obligations of Artist.
- Jabba may issue a Worksheet to Artist and Venue in the 14 days prior to the Performance in order to finalise details that need to be confirmed in the lead-up to the Performance. In the event of any discrepancy or inconsistency as to Performance Details between this Agreement and the Worksheet, the Worksheet shall prevail to the extent of any such discrepancy or inconsistency. If Artist has an issue with any such change or discrepancy between the Worksheet and the Performance Details noted herein Artist must notify Jabba in writing within 3 business days of receipt of the Worksheet, or at least 3 business days prior to the Performance Date, whichever is the earlier.
- Artist does hereby agree that when in and about the Venue before, during and after the Performance Artist must:
- Follow reasonable and lawful directions of Venue staff;
- Not consume illicit drugs;
- Limit consumption of alcohol such that at no time does Artist’s BAC exceed 0.05%; and
- Dress, and remain dressed, in a manner that is appropriate for the Venue and the Performance.
Artist acknowledges that a breach of these conditions on Performance Date may, at sole discretion of Jabba, result
in immediate termination of Engagement without any prior notice, with forfeiture of fee in full by Artist.
- Artist does hereby warrant represent undertake and agree that Artist will not perform within the Exclusion Zone during the Exclusion Period. Artist does hereby irrevocably acknowledge and agree that the Exclusion is a fundamental term of this Agreement and is reasonably necessary to ensure both Jabba and Venue are able to properly promote and capitalise on the Engagement for the benefit of Venue, Jabba and Artist and in order to reasonably protect the legitimate interests of Venue and Jabba.
- In consideration of the mutual terms, conditions and covenants contained herein Artist does hereby warrant, represent, undertake and agree that Artist shall not to seek any engagements with Venue in any other way than through Jabba for a period of 12 months after the Performance Date. If Artist breaches this clause, Artist does hereby agree to pay Jabba as a liquidated sum 10% plus GST of any monies Artist generates from or in connection with any such engagement.
- Artist may only withdraw from the Engagement if they are, or likely to be, precluded from completing their Performance by serious injury, serious illness or force majeure that is beyond the reasonable control of Artist. In this case Artist must give written notice to Jabba of their desire to withdraw from the Engagement as soon as Artist becomes aware of the facts, matters or circumstances that give rise to the withdrawal, together with a written statement of those facts, matters and circumstances and why they are, or are likely to preclude Artist from completing their Performance.
- Jabba may cancel the Engagement without penalty if:
- Venue cancels the Performance;
- Jabba forms the opinion, on reasonable grounds, that Venue is unlikely to honour payment for the Performance; or
- If Artist is in breach of a term of this agreement and does not remedy such breach within a reasonable time of being given written notice of that breach and what is required to remedy the breach.
In the event that Jabba cancels this agreement but recovers payment of all or part of the Performance Fee from the
Venue, Jabba must inform Artist and offer to make payment to Artist for the proportion of the Performance Fee
Jabba is able to recover from the Venue.
- This Agreement shall be governed by the laws of the state of Queensland. Each party does hereby submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of appeal therefrom.
- Artist does hereby warrant and represent that Artist will have its own policy of public liability insurance in place at least 14 days prior to the Performance Date. Artist must provide Jabba with a certificate of currency for that insurance not less than 14 days prior to the Performance Date. Artist does hereby acknowledge and agree that this is a fundamental term of this agreement and that failure to provide a valid certificate of currency will result in Venue cancelling the Performance.
- Each party must keep the terms of this Agreement confidential and not disclosure the terms hereof to any other party, save and except as required to seek legal advice in regard to this Agreement, or as otherwise compelled by law.
- Artist Contact is hereby duly authorised to deal with Jabba for and on behalf of Artist. Artist hereby gives Artist Contact power to legally bind Artist in respect of matters arising from or in connection this Agreement. Artist does hereby authorise request and direct Jabba to communicate with Artist Contact in relation to all matters under this agreement, and does hereby acknowledge undertake and agree that Artist will be bound by all directions given to and agreements reached between Artist Contact and Jabba relating to this Agreement.
- Artist does hereby, warrant, represent, undertake and agree that any and all equipment taken by Artist into the Venue will be in fit and proper state of repair, compliant with all safety standards, laws and regulations and not defective in any way.
- Artist does hereby indemnify and undertake to save harmless Jabba in respect of any claim, suit, action, demand, cost, expense or other liability of any sort whatsoever that arises from or in connection with Artist’s performance at the Venue.
- Jabba has or will, prior to the Performance Date, obtain from the Venue a warranty that the Performance Space is suitable for use by the Artist for the Performance and free of defects. However, Jabba makes no warranty or assurance as to the suitability of the Performance Space for Artist’s performance or of the Performance Space being free from defects.
- As soon as practicable after entry into this Agreement Artist, or someone on Artist’s behalf, must attend the Venue and inspect the Performance Space. If Artist considers the Venue and/or the Performance Space to be unsuitable or defective in any way Artist must raise this with Jabba not less than 45 days prior to the Performance Date.