IN THE INTEREST OF BOTH PARTIES BEING SAFE IN THE KNOWLEDGE THAT ANY ARTIST IS SECURELY BOOKED, PLEASE NOTE THAT THE BOOKING WILL NOT BE CONSIDERED CONFIRMED UNTIL:
1. REQUEST RECEIVE YOUR SIGNED AND ACCEPTED PROPOSAL, (WHICH BY SIGNING ACKNOWLEDGES YOUR ACCEPTANCE OF ALL TERMS AND CONDITIONS AS SET OUT BELOW),
2. A 50% DEPOSIT (MINIMUM) HAS BEEN RECEIVED INTO THE REQUEST ARTISTS NOMINATED ACCOUNT.
3. REQUEST HAS RESPONDED ACKNOWLEDGING THAT YOUR BOOKING IS CONFIRMED.
GENERAL TERMS & CONDITIONS – REQUEST ARTISTS
The Hirer agrees to pay the Fees as follows: 50% of the Fees payable on execution and acceptance of the online proposal and the remaining balance of the Fees no later than 2 weeks prior to the event. Request Artists will provide an invoice to the Hirer for all payments due.
Any payments made to the Agent must be accompanied by the Agreement Reference as stated at the top of the invoice to ensure we can locate your payment. A copy of your online banking payment confirmation or deposit receipt must be emailed to the Agent should it be requested to provide proof of a payment. The Agreement Reference MUST be included in all correspondence with the Agent.
Please note that if the Hirer requests any Artist to extend their Set Time beyond that specified in the initial booking, the Hirer agrees to pay an additional fee equal to the same hourly rate of the initial booking (unless otherwise agreed with the Agent).
If payment is not made in accordance with this clause, the Agent may, at its discretion:
- require the Hirer to pay interest on all outstanding monies from the due date until the date of payment at the rate of 10% per annum accruing daily;
- refuse to supply the Artist until all outstanding monies are paid in full;
- terminate the booking.
The Hirer must make all payments due under the terms and conditions without set-off or counterclaim and all fees are non-refundable to the extent permitted by law (unless otherwise stated herein).
NOTE THAT A BOOKING IS NOT CANCELLED AUTOMATICALLY DUE TO NON PAYMENT OF THE DEPOSIT NOR THE BALANCE AND ALL AMOUNTS REMAIN DUE SUBJECT TO CLAUSE 2
A cancellation fee applies equalling a genuine pre-estimate of our loss and damage should you cancel the booking for any reason as follows:
cancellation with 3 – 6 week’s notice: 50% of the Fee;
cancellation with 1 – 3 week’s notice: 75% of the Fee;
cancellation with less than 1 week’s notice: 100% of the Fee.
Should an artist be booked for an event which requires flights, the Agent will supply the flight requirements for each Artist to the Hirer and the Hirer must book such flights in accordance with these requirements only. No other flights may be booked unless otherwise agreed in writing by the Agent. The Agent will supply the Artist’s Frequent Flyer number which must always be included in the booking. A full airline booking confirmation including the airline booking reference must be forwarded to the Agent within 24hrs of the flights being ticketed.
- ACCOMMODATION & TRANSPORTATION
If accommodation & transport are required, the details will be noted in the event proposal and shall be booked as follows:
Accommodation must be booked by Hirer in no less than 4 star hotels. The Hirer will provide full details in writing of all accommodation arrangements to the Agent not less than 4 weeks before the date of the Artist performance and the accommodation provided must not ever comprise of any rollaways or sofa beds. The Hirer acknowledges that any breach of this Clause constitutes a material breach of the booking Terms & Conditions. For the avoidance of any issues regarding hotels we ask that you send through details of any potential booking prior to securing it so that we as the Agent can approve any booking.
Ground Transportation: The Hirer shall provide ground transportation to and from the airport to the hotel and from the hotel to the venue. All transfers must be provided by a professional transfer service unless otherwise approved in writing by the Agent prior to Hirer engaging such services.
- SECURITY & INSURANCE
DJ Booth: The Hirer will: (i) be responsible for anyone other than the booked Artist being in the DJ Booth or any other performance areas.(ii) liaise with the Artist regarding any persons to MC or make announcements over the Venue PA during a Artist performance (iii) will ensure that the DJ Booth, or any other performance areas, are clear of all drinks and any other obstructions that may restrict the movements or performance of the Artists during the Performance; (iv) will allow the DJ full access to the DJ Booth, or any other performance areas; and (v) will be responsible for the safety of the Artist ensuring that no one attending the event will be harassing the Artist or threatening the Artist in any way (if required the DJ Booth can be guarded by a security guard at all times during the Performance).
Security & Medical: The Hirer shall provide at least one or more trained suitably qualified first aid persons in accordance with the applicable regulations, (or more if required by any applicable regulations) to ensure the safety of all the Agent’s Artists, personnel and crew and members of the public attending the performances. In case of a medical emergency or illness of any of such persons, all effort to seek medical aid as quickly as possible will be made. The Hirer will seek and provide medical aid as quickly as possible regardless of any disruptions this may cause to the Performance or inconvenience or loss to the Hirer. The Hirer warrants that it has in place all sufficient and necessary levels of resources including but not limited to security and first aid personnel to facilitate the Performance at the Venue.
Insurance: The Hirer will maintain all necessary insurance required by law. Without limiting the generality thereof, the Hirer must take out and maintain during the duration of the Performance, or ensure that the Performance Venue has and maintains, a public risk insurance policy in which the amount payable arising out of any one single accident, claim or event is not less than $10 million. The insurance policy must:(i) cover injury sustained when a person is using or near the Performance Venue or delivering things to or from the Performance Venue; and (ii) include the Agent as one of the insured and any other person nominated by the Agent having an insurable interest. The Hirer must deliver to the Agent certificates of currency for such insurance policies within seven days of request by the Agent.
- ARTIST RIDER
The Hirer shall provide the Artist with no less than 4 bottles of water free of charge for any Performance. Should the event be serving alcohol, it shall be at the discretion of the Hirer if the Artist shall be able to consume alcohol, however we ask that if you expressly do not wish the artist to consume any alcohol when it is served, that you notify us at the time of the booking.
The Hirer must provide all items required in the Technical Specifications that were listed in your proposal is such proposal was accepted.
- WARRANTIES & LIABILITY
The Hirer warrants that: (a) it has the right to enter into agreements to book artists t;(b) accepting any booking of an artist does not and will not conflict with any other contractual obligations entered or to be entered into by the Hirer; (c) should the Hirer not have the right to enter into an Agreement on behalf of any event, the Hirer warrants that it will obtain the necessary consents and authorisations required to fulfil all of its obligations under any booking agreement it signs off on; (d) the Hirer will promptly notify the agent if an event has occurred or is likely to occur which may lead to default on the part of the Hirer (e) it will indemnify and keep indemnified the Agent and hold the Agent and Artist harmless from any loss, damage, cost or expense (including all legal costs and expenses) arising out of (i) any breach or alleged breach of any of the terms & conditions, including all warranties and representations pursuant to any booking it enters into (ii) including the use of the services provided by the Agent (iv) any claims made by third parties against the Agent (v) the enforcement of these terms & conditions (vi) any conduct and act or omission of the Hirer (vii) the Hirer’s use of any venue (viii) the Hirer’s reliance on the services provided by the Agent (ix) the Agent’s violation of any law.
To the maximum extent permitted by law: (i) the Hirer’s use of the services is at its own risk and to the extent permitted by law, the Agent has no liability to the Hirer however arising, including for any direct, indirect, incidental, special, consequential or exemplary damages whether for breach of these terms, in negligence, in any other tort, in equity or for any other common law or statutory cause of action arising in relation to these terms, the Performance, or any related circumstances; (ii) the Agent’s liability to the Hirer for breach of this Agreement (or otherwise arising out of or in relation to this Agreement or Performance, whether in contract, tort including negligence statute or otherwise) is limited to the sum of all fees payable by the Hirer to the Artist under this Agreement.
- FORCE MAJEURE
If the Agent and/or Artist becomes unable wholly or in part, to carry out an obligation for a booking under the terms and conditions herein due to an event beyond its reasonable control such as a flight cancellation (Force Majeure), the Agent and/or Artist must give to the Hirer prompt written notice of the details of the Force Majeure and (to the extent known) the effect of such Force Majeure. The relevant obligations of the Agent and/or Artist will be suspended during the Force Majeure to the extent that it is affected by the Force Majeure.
Any and all costs that are incurred as a result of travel and/or accommodation failures, suspensions, issues, acts of God and/or strikes and are outside of the control of the Agent or the Artist that prevents or restricts the Performance from happening must solely be met by the Hirer at the exclusion of both the Agent and the Artist. Accordingly, the Hirer agrees to indemnify and recompense the Agent for all such costs incurred by the Agent and/or the Artist within 7 days of the Agent/Artist incurring such costs.
The Agent provides the services contemplated by any booking under the terms and conditions herein on an “as is” basis and without any warranties, representations, or conditions of any kind, whether express, implied or statutory, to the extent permitted by law. Subject to the other terms of this clause, the Agent excludes all rights, representations, guarantees, conditions, warranties, undertakings, remedies or other terms in relation to the services contemplated by any booking that has not expressly been set out in these terms & conditions to the maximum extent permitted by law. Without limiting this clause, the Agent expressly does not make any representation that the Artist will be able to perform, or able to perform to a certain standard or level or expectation.
The Agent may terminate any booking agreements immediately by written notice to the Hirer if: (a) the Hirer breaches a material term of these terms and conditions and fails to rectify the breach upon being given 7 days’ written notice to do so; or (b) the Agent reasonably believes that the actions of the Hirer may cause legal liability for the Agent or the Artist or other clients; or (c) the Agent reasonably believes that the conduct, acts or omissions of the Hirer threatens, interferes or impacts upon the integrity, credibility or safety of the Agent or the Artist; or (d) the Hirer is charged with, or convicted of, any drug related crime during the Term and prior to the Event; or (e) the Hirer fails to pay any fee by its due date.
Either party may terminate an booking if the other is in breach of its obligations and fails to remedy that breach within 14 days following receipt of written notice requiring remedy of the same or if that breach is unable to be remedied immediately on written notice; or if the other party goes into receivership, insolvency, administration or otherwise significant change to its shareholding or its business operations.
Where the Agent exercises its right to terminate, the Agent will not be liable to the Hirer for any loss or damage that is suffered.
Commercial Sponsorship: The Hirer guarantees that the Artists name, photo, likeness, biography or reputation will not be used in association with any sponsorship or endorsement either directly or indirectly unless otherwise agreed in writing at the time of booking. A breach of this requirement constitutes a material breach of the terms and conditions of a bookingt.
Recording/Filming Restrictions: At the time of booking you are required to inform the Agent of any filming or recording of the Artist. For the avoidance of doubt the Agent nor the Artist grants any rights to the recording of any music played throughout the event.
Nature of the Performance: The Hirer acknowledges that the content and nature of the Performance is based on the music direction and style discussed between the Agent and the Hirer prior to confirmation of any Artist being booked. If the Artist becomes aware that the event is deemed to have an inappropriate music policy or requests are made for the Artist to play music other than that which was discussed at the time of the booking, the Hirer must be aware that the Artist may not have such music. While all attempts will be made by both the Artist and Agent to secure the right music for your event, the Hirer is obligated to perform their due diligence to ensure that any Artist booked is musically in line with their wants and needs for their event. Should a different music style be requested within 7 days of any event, the Agent will do their best to address any requests however the Agent reserves the right to cancel the booking without any liability whatsoever to the Hirer.
Fulfilment of Booking: The Agent will not be liable for any loss or damage suffered by the Hirer or any third party if the Artist fails to fulfil the booking, however, the Agent will refund the Fee or any part thereof paid by the Hirer to the Agent in this circumstance. The Agent will not be responsible for any interruption, delay or other thing interfering with the Performance that is not within the Agent’s direct control. The Agent will always use their best effort to find any replacement. In accepting any booking proposal, the Hirer releases the Agent from all liability and obligation to the Hirer and any other third party in this regard.
Artist Commitments: The Hirer acknowledges that from time to time, the Artist may be required to re-prioritise their time due to exceptional circumstances. The Agent will use reasonable endeavours to ensure that this does not impact any agreed performance dates, however in the event that this does occur, the Agent will use reasonable endeavours to secure a replacement artist to perform on the Performance Date, where the artist is to be: (i) mutually agreed in good faith between the parties; and (ii) is to be of equal value as compared to the original Artist. The Agent will use reasonable endeavours to find a replacement however, makes no guarantee that it will. Where an Artist is unable to perform, the Agent will not be liable for any loss suffered by the Hirer as a result of this however all monies will be refunded in relation to any fees paid for the Agent for the booking..
Governing laws: These terms and conditions will be governed by and construed in accordance with the laws of Victoria and the parties submit to the jurisdiction of the courts of Victoria, Australia.
Severance: If a provision of these terms and conditions are void or unenforceable it must be severed or read down to the extent necessary from these terms and conditions and the provisions that are not void or unenforceable will remain unaffected.
Assignment: The Agent shall be entitled to assign the rights under any agreed booking. The Hirer shall not assign any of its rights or obligations contemplated under an agreed booking without the prior written approval of the Agent whose approval must not be unreasonably withheld.
By accepting a booking and signing online where indicated you confirm you agree to the terms and conditions contained here. By accepting these terms and conditions you warrant that you are authorised to act on behalf of the Hirer and to bind the Hirer to any bookings you accept and sign off on.