Terms & Conditions

Geelong Entertainment Services

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Terms & Conditions

WHAT YOU NEED TO KNOW BEFORE MAKING A BOOKING

TERMS & CONDITIONS

 

  1. Payment. Geelong Entertainment Services is authorised by the Artist to receive the Artist's gross fee from the Employer prior to the performance date. In the absence of full payment for the performance in advance the Artist shall be entitled to collect the performance fee on arrival at the Employer's venue (whether a deposit has been paid or not) and to sight a cheque or other undertaking as to payment for the balance due to the Artist at the end of the gig.
  2. Agent only. Geelong Entertainment Services is the agent of the Artist in establishing the gig. It shall not be liable in any way for a default of either party to the contract arising from or related to the gig or preparations for it. 
  3. Re-booking of Artist by Employer within 13 months of gig. The Employer must, if they wish to re-employ the Artist within 13 months of the date of the first gig performed by the Artist for the Employer, make such booking through the Geelong Entertainment Services. Geelong Entertainment Services shall be required to give its written agreement to any subsequent performances by the Artist for the Employer on such reasonable terms as it determines in relation to commission payable to it.  Any regular booking of the Artist as a residency at the Employer's venue must be booked through the agency of Geelong Entertainment Services.  The Employer and Artist agree not to approach each other in relation to a follow up gig in the 13 month period after the first gig without the written agreement of Geelong Entertainment Services.
  4. Insurances. Each party acknowledges they have been advised by Geelong Entertainment Services to consider necessary insurances related to the gig and have made such arrangements as to the insurances as they consider wise.
  5. Lawful requirements for the gig. The Employer will ensure that they have all permits, consents and approvals necessary to satisfy Police and local Council to enable the gig to lawfully occur.  In particular by the Employer shall arrange an appropriate number of security personnel to vet the entry of people to the gig and ensure proper conduct of the audience and the safety of the Artist and audience. 
  6. Equipment and power supply. The Employer acknowledges that as electrical equipment may be present at the performance of the gig that appropriate shelter from rain, wind, extremes of heat or cold or other adverse weather conditions may be required to make the gig safe.  The parties acknowledge that the decision as to whether an area is safe for performance shall be that of the Artist.  In the absence of the Employer providing a safe area for the gig, the Artist shall be entitled to terminate the gig but the Artist's fee shall remain payable.  Equipment supplied by either party for the gig must be in good working order and of appropriate quality for the gig.  The Employer must provide safe and sufficient main power outlets or a properly supervised and operational power generating system for the gig.  Damage to the Artist's equipment through inadequate or unsafe power supplies shall be fully compensated by the Employer.
  7. Intellectual property. The Employer acknowledges that the intellectual property arising out of the performance shall be that of the Artist unless a third party is entitled to the intellectual property.  The Employer will be responsible for satisfying any demands of the Australian Performing Rights Association in relation to royalties claimed by it for music at the performance. 
  8. Cancellation - one-off booking. (a) The Employer may cancel the performance by informing Geelong Entertainment Services at least 6 months prior to the booking, any deposit paid for a booking is non refundable.  If the employer cancels the gig within 6 months of the performance they may be liable for the artists gross fee. (b) The Artist may cancel this booking by delivering written notice to the Employer at least 90 days before the gig but may also cancel the gig for reasons of ill health within 16 days of the gig.  If the Artist cancels the gig within 16 days of the performance the Employer may require a Certificate from a Registered Medical Practitioner certifying the inability of the Artist to perform for reasons of ill health.  If the Artist does not comply with the requirement to obtain a Medical Certificate, the Artist may be liable to the Employer for loss or damage suffered by the cancellation.  Otherwise, the performer is not liable to the Employer for any loss or damage suffered.
  9. Cancellation/Variation - residency. A residency booking may only be altered by the parties if one party gives the other written notice stipulating the change in the performance date at least 21 days before the date of the performance. 
  10. Artist details. The Artist, where it comprises more than one person, shall give Geelong Entertainment Services the name and address of each the Artists performing or anticipated to be performing at the gig and authorises Geelong Entertainment Services to provide these details on request to the Employer at any time before or after the gig.  Nothing in this clause prohibits a band or group changing its members or emergency musicians to be able to perform a gig.  
  11. Share of door charge gigs. Where the Artist is entitled to be paid for the gig by reference to the amount of door takings, the Employer agrees that the Artist is entitled to have a reasonable number of representatives at the entrance(s) to the Employer's venue for the purposes of checking ticket sales and takings. The Employer agrees that no ticket shall be given away or sold other than at the venue or at the advertised price without the consent of the Artist.
  12. Authority to sign. Each party warrants to Geelong Entertainment Services and to the other party that the person signing this form has the authority to sign so as to bind the Artist and Employer to the Contract.
  13. Jurisdiction. This Contract will be governed by the laws in Victoria and disputes arising under it shall be determined in the Courts of Victoria.
  14. Indemnity. Each party indemnifies Geelong Entertainment Services from any liability, injury, damage or loss howsoever arising connected with this Contract or the gig.