1. ENGAGEMENT & OBLIGATIONS OF CLIENT
1.1 The Client engages The Music Co. to provide the services of the Artist to perform at the date and times specified for the Performance.
1.2 The Client will pay to The Music Co. the Fee, in the manner specified in the Schedule of Terms.
1.3 The Client will be responsible for payment to APRA and PPCA (and/or any other similar collecting agency) of all public performance or other payments due as a result of the Performance.
2. FURTHER OBLIGATIONS OF CLIENT
2.1 The Client further agrees with The Music Co. to arrange for the Artist:
(a) parking to be provided by the client and access to the Venue for the Artist, the Artist’s crew and equipment at least [two] hours prior to the opening of doors for the purpose of set up and sound check (with sound check to be at least 60 minutes in duration) and access to allow load out of equipment immediately after the Performance; and
2.2 The Client agrees to comply with all terms of the attached Artist rider.
2.3 The Client warrants that it has or will have obtained all licenses and consents necessary to allow the Artist to undertake the Performance, including meeting age requirements of the venue.
3. INSURANCE & INDEMNITY
3.1 The Client warrants that the Client has in place all necessary insurance policies which fully protect The Music Co. and the Artist from any claims in relation to public liability and workers compensation (in respect of any persons other than employees of the Artist). The Client agrees to produce such policies upon demand by The Music Co.
3.2 The Client hereby indemnifies each of The Music Co. and the Artist from and against all actions, suits, claims, demands, losses, liabilities, damages, costs and expenses which may be made or brought against or suffered or incurred by The Music Co. or the Artist as a result of breach by the Client of its warranties or obligations under this Agreement.
4. RECORDING OF PERFORMANCE
4.1 The Music Co. will be entitled to arrange for the Performance to be recorded, reproduced, broadcast, communicated or transmitted without payment of any kind to the Client unless prior request from the Client that this not occur.
5. PRODUCTION & SECURITY
5.1 The Client warrants that it has or will have obtained all licenses and consents necessary to allow the Artist to undertake the Performance.
5.2 Where the Client supplies production, the PA must be of a standard acceptable to The Music Co. and specific to the Artists’ requests, and such that it does not compromise the sound quality of the Performance.
5.3 The Client will provide a central area in the Venue for sound and lighting equipment and desks of the Artist
5.4 The Client will provide all necessary staff to ensure adequate supervision of the venue, protection of the Artist (including by the provision of adequate backstage security) and a safe environment for the Artist and the Artist’s crew. The Client agrees that security staff will comply with all reasonable requests of The Music Co. If security refuse to comply with the reasonable requests of The Music Co. including, without limitation, in relation to treatment of the audience, The Music Co. may cancel the Performance and the full fee for the Performance will immediately become payable to The Music Co.
6.1 The Client may terminate this Agreement by giving written notice to The Music Co. no less than 60 days prior to the date of the Performance.
6.2 If the Client terminates otherwise than in accordance with the terms of this Clause 6, any deposits paid by the Client to The Music Co. may be retained by The Music Co. and the full fee payable in respect of the Performance, less any deposit retained, will be immediately payable to The Music Co.
6.3 Clause 6.1 will not apply in circumstances where termination is necessarily caused by illness or injury to the Artist or otherwise by any Act of God or civil disturbance, in which case the parties will account to each other in good faith and will have no action against each other in respect of this agreement. The Client agrees that The Music Co.’s total liability under this Agreement, for any breach of this Agreement, is limited to the amount of the Fee paid by the Client to The Music Co.
7.1 This agreement will be governed by and construed in accordance with the laws of Queensland and the parties hereby submit to the exclusive jurisdiction of the courts of Queensland.