Venue Contract for Artist Booking in Venue
Terms and Conditions
In this contract, unless the context otherwise indicates:
- “Artist” means the artist described 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 by the Artist at the Venue 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;
- “Venue Contact” means the Venue Contact named in the Schedule;
- “Worksheet” means the Worksheet issued by Jabba to Artist and Venue prior to the Performance with further details
- Jabba offers the Performance by the Artist at the Venue for the Performance on the terms and conditions contained in this Agreement, and Venue accepts that offer (“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 Venue Fee will be paid by Venue to Jabba as follows:
- The Deposit on or before the Deposit Due Date; and
- The Balance on or before the Balance Due Date
- Venue must respond in a timely manner to communications from Jabba about the Engagement.
- Venue must assist Artist 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;
- Provision of images, logos, artwork etc, of suitable quality to be reproduced in print and on the internet.
- Venue does hereby irrevocably authorise request and direct Jabba and/or Artist to use Venue’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 Artist and/or Jabba.
- Venue will undertake promotion of Artist’s Performance on its own promotional platforms including but not limited to social media, website, fan mail list etc.
- Venue does hereby irrevocably authorise request and direct Jabba and/or Artist to take or cause to be taken photos and/or film of Artist’s Performance and for Artist and/or Jabba to utilise parts of such footage for future promotion of Artist and/or Jabba.
- If Audio Production is being provided by Venue and/or someone engaged by Venue, Venue must provide to Jabba production specifications and stage plot with return of contract.
- Venue must not communicate with Artist 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 Venue to communicate with Artist when Artist is at Venue for purposes of the Engagement.
- The Performance Details may be amended by Jabba upon reasonable notice to the Venue provided that any such amendment must not be unreasonable or unfairly change the nature of the Performance and/or the obligations of the Venue.
- 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 Venue has an issue with any such change or discrepancy between the Worksheet and the Performance Details noted herein Venue 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.
- In consideration of the mutual terms, conditions and covenants contained herein Venue does hereby warrant, represent, undertake and agree that Venue shall not to seek any engagements with Artist in any way other than through Jabba for a period of 12 months after the Performance Date. If Venue breaches this clause, Venue 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.
- Venue may terminate this Agreement for any reason by giving Jabba no less than 28 days written notice before the Performance Date. If Venue terminates under this clause Venue will forfeit the Deposit. If the Deposit has not been paid it must be paid before this Agreement can be terminated by Venue under this clause. In addition, Venue must reimburse Jabba and Artist for any out of pocket expenses incurred by Jabba and/or Artist in respect of the Engagement within 7 days of receipt of an invoice from Jabba and/or Artist for such expenses.
- If Venue cancels the Engagement less than 28 days before the Performance Date then, in addition to any other rights that Jabba may have arising from or in connection with the Cancellation of the Engagement, Venue must pay the whole of the Performance Fee to Jabba at the time the Engagement is cancelled.
- Jabba may cancel the Engagement without penalty if:
- Artist cancels the Performance no less than 28 days prior to the Performance Date for any reason whatsoever;
- Artist cancels the Performance less than 28 days prior to the Performance Date because they are, or reasonably likely to be, precluded from completing their Performance by serious injury, serious illness or force majeure that is beyond the reasonable control of Artist;
- Jabba forms the opinion, on reasonable grounds, that Venue is unlikely to honour payment for the Performance; or
- If Venue 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.
If the Engagement is cancelled under sub-clause (a) or (b) above the Deposit must be refunded to Venue within 7
days of such cancellation, and neither Jabba nor Venue shall have any further claim against the other arising from
or in connection with this Agreement, the Engagement or its cancellation.
If the Engagement is cancelled under sub-clause (c) or (d) above the Deposit shall be retained by Jabba in addition
to any further rights that Jabba may have against Venue arising from or in connection with the cancellation of the
- 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.
- Venue does hereby warrant and represent that Venue will have its own policy of public liability insurance in place at least 14 days prior to the Performance Date. Venue must provide Jabba with a certificate of currency for that insurance not less than 14 days prior to the Performance Date. Venue does hereby acknowledge and agree that this is a fundamental term of this agreement and that failure to provide a valid certificate of currency in compliance with this clause is a breach by Venue of this Agreement.
- 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.
- Venue Contact is hereby duly authorised to deal with Jabba for and on behalf of Venue. Venue hereby gives Venue Contact power to legally bind Venue in respect of matters arising from or in connection this Agreement. Venue does hereby authorise request and direct Jabba to communicate with Venue Contact in relation to all matters under this agreement, and does hereby acknowledge undertake and agree that Venue will be bound by all directions given to and agreements reached between Venue Contact and Jabba relating to this Agreement.
- Venue does hereby, warrant, represent, undertake and agree that:
- The Venue, including but not limited to the Performance Space, is suitable for use by the Artist for the Performance and free of defects; and
- any and all equipment provided in the Venue for use by Artist and/or Jabba in the course of the Performance will be in fit and proper state of repair, compliant with all safety standards, laws and regulations and not defective in any way.
- Venue 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 Artist a warranty 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. However, Jabba makes no warranty or assurance as to the suitability of the Artist’s equipment or that equipment being free from defects.