AGREEMENT BETWEEN ARTIST AND HALL OWNER
This agreement dated ______________ this day of _____________________ 20__,
BETWEEN
_________________________________ (“The Artist”)
AND
___________________________________ (“The Owner”)
WHEREAS, Owner is the owner of the hall located at [address of the hall], and
WHEREAS, the Artist is a member of [Name of Music Band]who has proven talent in the field of music.
The parties agree as follows:
- THE EVENT:
The event is to be held on [the date] at [time] at the [venue].
- 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, the Artist agrees to give a live 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.
- OWNER’S OBLIGATIONS AND RIGHTS:
In consideration of the Artist entering into this Agreement, the Owner agrees to pay to the Artist the Artist’s Fee, and to supply the accommodation, transport, technical and personal rider items [All the items as per requirements].
The Owner 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 Owner shall ensure that its agents use all reasonable care and skill in the handling of the Artist’s equipment.
The Owner will provide a proper number of attendants and stewards 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 and provide appropriate stage security and will provide a safe properly constructed and sheltered area for each performance.
The Owner will indemnify the Artist against any loss, damage or injury, actual or consequential of whatever kind arising wholly or in part from the default of the Contractor in complying with these conditions or from any trespass negligent act of omission of the Owner his agents or any person under his supervision, direction or control.
Proper dressing room facilities are to be provided if so required by the Artist.
- ARTIST’S ACCESS, TRANSPORTATION, EQUIPMENT AND INSURANCE: [If artist agrees]
The Artist agrees that he/she is responsible for his/her own transportation and the provision of instruments and backline 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.
- ARTIST’S BILLING:
The Artist shall receive that billing in all advertising and publicity issued by or under the control of the Owner.
- LIKENESS, PERSONAL APPEARANCES AND INTERVIEWS:
The Owner 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 Owner 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 him/her self available upon reasonable notice from the Owner for a limited number of promotional activities and/or personal appearances and/or interviews for the promotion of the Event.
- RECORDING OF THE ARTIST’S PERFORMANCE:
The Owner shall not be entitled to record any part of the Artist’s Performance.
- CANCELLATION OF PERFORMANCE:
In the event the Owner cancels the Performance for any reason whatsoever other than breach by the Artist the following shall apply:
If the cancellation is not later than [days] before the date set for the performance, the deposit may be retained by the Artist; If the cancellation is within [days] of the date set for the performance the Artist will be entitled to the full Fee as specified. Until such time as a deposit has been paid the Artist shall not be bound by this Agreement and may cancel at any time.
- NOTICE:
Any notice under this Agreement shall be in writing and delivered, emailed or sent by registered post to the relevant party at the addresses.
Notices shall be deemed to have been received either when personally served, on transmission of fax or [days] after being sent by mail, or if by email when receipt is acknowledged by the intended recipient.
- MISCELLANEOUS:
Indemnity
Each party undertakes to indemnify 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.
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.
Severability
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.
Personal Liability
If the Owner is entering into this Agreement in the Owner’s capacity as a director or shareholder or employee of a company then the Owner firstly warrants that they have the authority to bind the company and further agrees that he/she remains at all times personally liable (along with the company) to pay and indemnify the Artist from all loss, cost, solicitor/client costs or demand suffered or incurred by Artist as a result of the breach by the Owner of any of its obligations under this Agreement, including, but not limited to, payment of the Performance Fee.
IN WITNESS WHEREOF, the parties have executed this agreement on
the day and year first above written.
AGREED TO AND ACCEPTED:
___________________________
“ARTIST”
AGREED TO AND ACCEPTED:
___________________________
“OWNER”
_______________ _________________
WITNESS 1 WITNESS 2
