Please read the Long version below.
AGREEMENT dated ______________ this day of _____________________ 2018.
BETWEEN ______________________________________________ (“The Artist”)
AND Beach Bistro (“The Venue”)
The Venue wishes to assist the Artist in creating an event. The Artist is booking a stage for the purpose of Busking, The Venue will provide the ticketing & marketing of the event.
THE PARTIES AGREE:
1. THE EVENT
The Artist will be producing an event at the Venue on the date and time as set out in Item 1 of the Schedule which is attached to and forms part of this Agreement (“the Schedule”)
2. VENUE’S OBLIGATIONS AND RIGHTS
In consideration of the Artist entering into this Agreement the Venue agrees to pay to the Artist the Artist’s Fee.
The Artist agrees to provide all production facilities for the Performance, including but not limited to sound and lighting equipment. The same will be of proper quality and in good working order. The Artist must ensure with the P.A supplier that the Venue has access and control of the front of house P.A and the master volume levels on the front of house.
The Venue will provide the Ticketing & ensure adequate marketing of the event.
The Venue will provide a proper number of attendants to ensure the sufficient supervision of the venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the Artist, the preservation of order.
3. ARTIST’S OBLIGATIONS
The Artist warrants that it is free to enter into this Agreement and to fully perform the Agreement.
In consideration of the Artist’s Fee and associated which is set out in Item 2 of the Schedule which is attached to and forms part of this Agreement (“the Schedule”) the Artist agrees to give a live performance in accordance with Item 3 of the Schedule (“the Performance”) at the Event.
Where the Artist consists of two or more members the individual members agree to be jointly and severally bound by the terms of this Agreement on the same terms as the Artist.
Where this Agreement is being entered into by an agent or manager on behalf of the Artist, that agent or manager warrants that they have the authority to bind the Artist.
The Artist will provide the Venue a ‘Set List’ prior to the performance indicating breach times and durations.
4. ARTIST’S, ACCESS, TRANSPORTATION, EQUIPMENT AND INSURANCE
The Artist agrees that it/he/she is responsible for its/his/her own transportation and the provision of instruments and backline (as that term is commonly used in the music industry) for the Performance.
The Artist shall be responsible for insurance for its/his/her own equipment and instruments.
The Artist, their agents, employees and contractors shall be allowed access to the venue at the time specified in Item prior to the Event for the purposes of setting up equipment and sound checking.
5. ARTIST’S BILLING
The Artist shall receive that billing as set out in Item 3 of the Schedule in all advertising and publicity issued by or under the control of the Venue.
6. LIKENESS, PERSONAL APPEARANCES AND INTERVIEWS
The Venue shall have the right to use the Artist’s name, pre-approved likeness and biographical material with respect to the Artist’s Performance and the promotion of the Event provided that nothing in this paragraph shall entitle the Venue to use the Artist’s name or likeness to endorse any product or service other than with respect to the Event.
The Artist agrees to make itself/himself/herself available upon reasonable notice from the Venue for a limited number of promotional activities and/or personal appearances and/or interviews for the promotion of the Event.
7. RECORDING OF THE ARTIST’S PERFORMANCE
The Artist understands that parts of the performance may be recorded and images captured.
8. CANCELLATION OF EVENT
In the event the Venue cancels the Performance for any reason whatsoever other than breach by the Artist the following shall apply: Within 5 days of the date, the Artist will be entitled to the full Fee as specified.
In the event the Artist cancels the Performance for any reason the following shall apply:
Within 5 days of the date set for the performance, the Venue will be entitled to payment of the full Fee as specified .
Any notice under this Agreement shall be in writing and delivered, emailed or sent by registered post to the relevant party at the addresses set out in item 4 of the Schedule.
Each party undertakes to indemnity the other and agrees to keep the other indemnified against all liabilities, claims, demands, actions, costs, damages or expenses incurred in defending and/or settling (subject to any settlement being made with the prior written consent of the indemnifying party) and claim, dispute, action, writ or summons arising out of any breach by that party of any of the terms of this Agreement.
Arbitration or Mediation
If any dispute shall arise on any matter connected with this Agreement, the same shall be referred to arbitration pursuant to the provision of the Arbitration Act 1996 or any Act in amendment or substitution thereof, or, if the parties agree, the matter shall be resolved by mediation.
Amendments and Alterations
This Agreement supersedes all previous agreements, representations, understandings or promises and sets out all the terms agreed by the parties. Any amendment or alteration to this Agreement must be in writing and signed by an authorised signatory of each party.
No Partnership or Employment
This Agreement shall not be deemed to create any partnership or employment relationship between the parties.
The intention of the parties is to create a binding agreement. If this Agreement shall be rendered invalid at any time by one or more of the provisions contravening any statute, regulation, by-law or ordinance or contravening or offending any provision of law or equity, any such provision/s shall to the necessary extent be read down or excised from this Agreement and the remainder of the clauses shall remain in force.
Item 1: The Event
Venue: Beach Bistro, 1a Beachfront Lane, Browns Bay, Auckland, 0630
Performance: 7 pm
Load In Time: 5:30-6 pm
Soundcheck: 6:30 pm
Item 2: Artist’s Renumeration:
In consideration for the Artist’s performance under ‘Busking’ & Goods Based Agreement
the Venue agrees to:
(a) retain $20 of the ticket value, the balance paid to the Artist; and
(b) guarantee the Artist a ‘Busking’ take of at least $50; and
(c) a credit for $50 for Food & Beverage to be supplied at The Artists leisure; and
(d) 2 complimentary tickets for family
Item 3: Billing
The Artist’s billing in any and all advertising for the event shall be:
Item 4: Notices
Artist’s contact details
Venue’s contact details
Address: 1a Beachfront Ln, BrownsBay
Telephone: 09 479 9628
Mobile: 022 423 2749
Item 7: Recordings
☐ The Artist agrees to photography and;
☐ All video must be approved before posting
☐ Video may be posted without approval
READ, AGREED AND UNDERSTOOD
For and on behalf of Beach Bistro