TERMS AND CONDITIONS OF THE BOOKING
BACKGROUND
1. ARTIST BOOKINGS operates a booking service
2. The Client has selected an Artist and wishes to book the Artist to deliver the Performance described in the booking form.
3. ARTIST BOOKINGS agrees to provide the Artist for the Performance.
4. The parties have agreed that the Performance will be delivered on the terms and conditions contained in this Agreement.
OPERATIVE PROVISIONS
INTERPRETATION
1.1 In this Agreement, unless the contrary intention appears from the context:
"Agreement" means this document, any annexes and attachments to this document and any Booking Forms;
"Artist" means the performer who is contracted by ARTIST BOOKINGS to deliver the Performance and who is nominated in the Booking Form and includes all Artists involved in a group Performance.
"Client" means the person or organisation with whom ARTIST BOOKINGS has an agreement covering the Performance and includes their nominated representative.
"Confidential Information" means information that:
(a) is by its nature confidential;
(b) is designated by the parties as confidential; or
(c) the parties know or ought to know is confidential;
"Lead Artist" means the Artist nominated on the Booking Form who is responsible for the Lead Artist Responsibilities if the Performance is an ensemble performance or the Artist if the Performance is a solo Performance.
"Lead Artist Responsibilities" means the additional responsibilities nominated on the Booking Form and set out in the contract between the ARTIST BOOKINGS and the Lead Artist.
"Performance" means the performance agreed with the Client and to be delivered by the Artist as set out in the Booking Form;
2. ARTIST BOOKINGS OBLIGATIONS AND WARRANTIES
2.1 ARTIST BOOKINGS agrees to deliver the Performance as set out in the Booking Form in accordance with this Agreement.
2.2 ARTIST BOOKINGS agrees to perform its obligations under this Agreement in a competent and professional manner.
2.3 ARTIST BOOKINGS agrees that the Lead Artist will arrive up to 30 minutes before the time for Performance set out in the Booking Form unless otherwise specified in the Booking Form.
2.4 In the event that the specified Artist is not able to deliver the Performance then the ARTIST BOOKINGS may at its discretion substitute another artist. ARTIST BOOKINGS will endeavour to discuss alternatives with the Client and to substitute a comparable artist but has no liability if this is not possible.
2.4.1 If no substitute artist is offered by ARTIST BOOKINGS, then the Client shall be entitled to a refund of the Performance fee minus the commission paid to Artist Bookings. If the Client refuses the alternative offer of a comparable artists, ARTIST BOOKINGS is not required to offer a refund.
2.5 Artist Bookings may choose to withdraw an artist from a contract at any time. Clients who wish to pursue a continual booking with such an artist forfeit their right to a refund. Artists may be withdrawn due to Artist negligence or ongoing poor performance.
2.6 Following payment of invoice, all Clients receive our Industry leading Artist Bookings 24/7 Security Guarantee free of charge. Every booking made through us includes our Live Performance Security Guarantee, which ensures that in any unforeseen circumstance Artist Bookings will offer you an equivalent replacement artist at no additional cost.
3. CLIENT’S OBLIGATIONS AND WARRANTIES
3.1 The Client warrants that it has all applicable licenses, insurances and permissions for holding the Performance.
3.2 The Client must inspect the environment for the Performance and ensure that is safe and that adequate shelter is provided. If the Lead Artist considers on reasonable grounds that Client has not met its obligations under this clause then the Lead Artist may refuse to deliver the Performance and ARTIST BOOKINGS will have no liability
3.3 The Client must ensure that the Lead Artist is aware of all of the details relevant to the Performance.
3.4 The Client must provide Refreshments for the Artist as set out in the Booking Form.
3.5 The Client must not make alcohol available to the Artist.
3.6 The Client agrees that the Artist will be paid for the length of time the Artist is required on site (excluding 30 min set-up) and should the event run longer than the agreed time the Client will pay for the additional time charged in 30-minute increments.
4. PERFORMANCE AND CANCELLATION FEE
4.1 The Client will pay ARTIST BOOKINGS the fee for the Performance as set out in the Booking Form.
4.2 If the Client does not pay the fee or any part of the fee by the due date then ARTIST BOOKINGS is not obliged to hold any booking or deliver any Performance and will have no liability for failing to do so.
4.3 The Client must pay the whole fee even if events prevent the Performance from proceeding, provided that the Artist was willing and able to perform.
4.4 The Client must pay the whole fee if safety issues prevent the Performance from proceeding.
4.5 The Client must pay ARTIST BOOKINGS the fee for any additional Performance within 7 days of date of invoice.
4.6 In the event that The Client cancels, postpones or reschedules the event/booking they will be liable to pay charges as follows:
i) Over 45 days prior to the Event Date: No Fee
ii) 30-44 days prior to the Event Date: 30% of Total Invoice
iii) 15-29 days prior to the Event Date: 50% of Total Invoice
iv) less than 15 days prior to the Event Date: 100% of Total Invoice
4.7 If the event is postponed due to a government mandated lock down and the invoice has been fully paid no additional fees will be charged for the 1st rescheduling of the event. Should the event be subsequently rescheduled again, a fee of 30% of the original invoice will apply.
* Artist Bookings may at their own discretion choose to waiver or reduce these fees.
5. INSURANCE AND INDEMNITY
5.1 The Client or the venue must have public and products liability insurance to cover the event to a minimum of:
• $5,000,000 if the event will be held in commercial premises; or
• $2,000,000 if the event will be held in residential premises.
5.2 The Client indemnifies ARTIST BOOKINGS against all claims, demands, charges or expenses made against or incurred by ARTIST BOOKINGS as a result of any breach by the Client of this Agreement or any negligent or wilful act or omission by the Client.
5.3 The liability of each party for loss suffered by, or damage to, the other party must be reduced proportionately to the extent of the other party’s failure to comply with its obligations under this Agreement or the other party’s negligent acts or omissions.
6. CONFIDENTIALITY AND PRIVACY
6.1 The Client covenants to keep confidential all information (including all information about Artists) provided by ARTIST BOOKINGS to the Client for the purposes of this Agreement and all information created as a result of this Agreement, and not to disclose such information without the prior written approval of ARTIST BOOKINGS.
6.2 Artist Bookings may choose to share data with its affiliates
7. TERMINATION
7.1 ARTIST BOOKINGS may terminate this Agreement if the Client breaches any provision of this Agreement and does not rectify that breach within 7 days.
7.2 ARTIST BOOKINGS may terminate this Agreement at any time if in its reasonable opinion the Client is in breach of its obligations in respect of safety.
7.3 Either party may terminate the Agreement immediately if the other party:
a) enters into any arrangement between itself and its (or any class of its) creditors;
b) ceases to be able to pay its debts as they become due;
c) ceases to carry on business;
d) has a mortgagee enter into possession or disposes of the whole or any part of its assets or business;
e) enters into liquidation or any form of insolvency administration; or
f) has a receiver, a receiver and manager, a trustee in bankruptcy, an administrator, a liquidator, a provisional liquidator or other like person appointed to the whole or any part of its assets or business.
7.4 Termination of the Agreement (for whatever cause) will not affect any right or cause of action which has accrued to the party which terminates the Agreement at or prior to the date of termination.
8. RISK
8.1 ARTIST BOOKINGS has no liability for any loss of or damage to the Client’s property no matter how that loss or damage is caused, unless it was caused through the gross negligence or wilful disregard of ARTIST BOOKINGS.
9. DISPUTE RESOLUTION
9.1 Any dispute or difference between the parties arising from or in connection with this Agreement, which cannot be settled by negotiation between the parties must forthwith be referred for determination by a person appointed for that purpose by the parties and, failing agreement, appointed by the President of the Institute of Arbitrators & Mediators Australia (Victorian Division) however nothing in this Agreement will prevent a party applying for urgent interlocutory relief.
9.2 Any determination made under the above sub-clause is binding on the parties and the Commercial Arbitration Act (1984) applies to the determination except to the extent otherwise agreed by the parties.
10. GENERAL
10.1 This Agreement is made under and governed by the laws of the State of Victoria and both parties exclusively submit to the jurisdiction of courts of this State and their respective appellate courts.
10.2 No variation to this Agreement will be effective unless in writing and signed by ARTIST BOOKINGS and the Client.
These Terms and Condition are current as at 17 July 2021
Leanne Gunnulson
CEO/General Manager
Artist Bookings