Venue Contract for Artist Booking in Venue
Terms and Conditions
- Definitions
In this contract, unless the context otherwise indicates:
- “Artist” means the artist described in the Schedule;
- “Audio Production” means the public address system to be utilised for the Performance, including related items such as microphones and stands, foldback monitoring system and mixing desk;
- “AV Production” means audio-visual equipment required for the Performance such as projector, backing screen, computer system;
- “Backline” means the musical instrument equipment to be provided for the Artist’s use in the Performance;
- “Balance Equipment” means all other musical instruments and equipment required by the Artist to properly carry out the Performance;
- “Engagement” means the engagement of Artist by Jabba for the Performance;
- “Exclusion Period” means the time period comprising the Period Prior to the Performance Date, the Performance Date and the Period Following the Performance Date as stipulated in the Schedule (if any);
- “Exclusion Zone” means the area that is within the Distance from Venue stipulated in the Schedule (if any);
- “Fee” means the performance fee described in the Schedule;
- “Jabba” means Jabba Entertainment Pty Ltd ACN 626 879 776;
- “Lighting Production” means all lighting and effects required for the Performance;
- “Performance” means the performance by the Artist at the Venue under this Agreement;
- ‘“Performance Date” means the Performance Date described in the Schedule;
- "Performance Details" means the Performance Details listed in the Schedule;
- “Performance Space” means the area allocated by the Venue in or about the Venue for use by Artist for the Performance;
- “Schedule” means the part of this contract headed “Schedule” containing the schedule of information relevant to this Agreement;
- “Terms and Conditions” means the terms and conditions set out in this Agreement;
- “Venue” means the Performance Venue described in the Schedule;
- “Venue Contact” means the Venue Contact named in the Schedule;
- “Worksheet” means the Worksheet issued by Jabba to Artist and Venue prior to the Performance with further details
- Jabba offers the Performance by the Artist at the Venue for the Performance on the terms and conditions contained in this Agreement, and Venue accepts that offer (“The Engagement”).
- This agreement creates a relationship of contractors. This agreement is not intended to bring about a relationship of employment, partnership, joint venture, agency or other such relationship.
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The Venue Fee will be paid by Venue to Jabba as follows:
- The Deposit on or before the Deposit Due Date; and
- The Balance on or before the Balance Due Date
- Venue must respond in a timely manner to communications from Jabba about the Engagement.
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Venue must assist Artist and Jabba with all reasonable requests for promotion of the Performance by the Artist including but not limited to:
- Provision of promotional material such as photographs, posters, online content;
- Provision of images, logos, artwork etc, of suitable quality to be reproduced in print and on the internet.
- Venue does hereby irrevocably authorise request and direct Jabba and/or Artist to use Venue’s name, name, likeness, logos, material provided in accordance with clause 6 hereof and other IP to promote the Artist’s Performance both in advance, and in future general promotion of Artist and/or Jabba.
- Venue will undertake promotion of Artist’s Performance on its own promotional platforms including but not limited to social media, website, fan mail list etc.
- Venue does hereby irrevocably authorise request and direct Jabba and/or Artist to take or cause to be taken photos and/or film of Artist’s Performance and for Artist and/or Jabba to utilise parts of such footage for future promotion of Artist and/or Jabba.
- If Audio Production is being provided by Venue and/or someone engaged by Venue, Venue must provide to Jabba production specifications and stage plot with return of contract.
- Venue must not communicate with Artist directly either prior to or after the Performance without written permission from Jabba. For the purposes of the Engagement Jabba does hereby authorise request and direct Venue to communicate with Artist when Artist is at Venue for purposes of the Engagement.
- The Performance Details may be amended by Jabba upon reasonable notice to the Venue provided that any such amendment must not be unreasonable or unfairly change the nature of the Performance and/or the obligations of the Venue.
- Jabba may issue a Worksheet to Artist and Venue in the 14 days prior to the Performance in order to finalise details that need to be confirmed in the lead-up to the Performance. In the event of any discrepancy or inconsistency as to Performance Details between this Agreement and the Worksheet, the Worksheet shall prevail to the extent of any such discrepancy or inconsistency. If Venue has an issue with any such change or discrepancy between the Worksheet and the Performance Details noted herein Venue must notify Jabba in writing within 3 business days of receipt of the Worksheet, or at least 3 business days prior to the Performance Date, whichever is the earlier.
- In consideration of the mutual terms, conditions and covenants contained herein Venue does hereby warrant, represent, undertake and agree that Venue shall not to seek any engagements with Artist in any way other than through Jabba for a period of 12 months after the Performance Date. If Venue breaches this clause, Venue does hereby agree to pay Jabba as a liquidated sum 10% plus GST of any monies Artist generates from or in connection with any such engagement.
- Venue may terminate this Agreement for any reason by giving Jabba no less than 28 days written notice before the Performance Date. If Venue terminates under this clause Venue will forfeit the Deposit. If the Deposit has not been paid it must be paid before this Agreement can be terminated by Venue under this clause. In addition, Venue must reimburse Jabba and Artist for any out of pocket expenses incurred by Jabba and/or Artist in respect of the Engagement within 7 days of receipt of an invoice from Jabba and/or Artist for such expenses.
- If Venue cancels the Engagement less than 28 days before the Performance Date then, in addition to any other rights that Jabba may have arising from or in connection with the Cancellation of the Engagement, Venue must pay the whole of the Performance Fee to Jabba at the time the Engagement is cancelled.
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Jabba may cancel the Engagement without penalty if:
- Artist cancels the Performance no less than 28 days prior to the Performance Date for any reason whatsoever;
- Artist cancels the Performance less than 28 days prior to the Performance Date because they are, or reasonably likely to be, precluded from completing their Performance by serious injury, serious illness or force majeure that is beyond the reasonable control of Artist;
- Jabba forms the opinion, on reasonable grounds, that Venue is unlikely to honour payment for the Performance; or
- If Venue is in breach of a term of this agreement and does not remedy such breach within a reasonable time of being given written notice of that breach and what is required to remedy the breach.
If the Engagement is cancelled under sub-clause (a) or (b) above the Deposit must be refunded to Venue within 7
days of such cancellation, and neither Jabba nor Venue shall have any further claim against the other arising from
or in connection with this Agreement, the Engagement or its cancellation.
If the Engagement is cancelled under sub-clause (c) or (d) above the Deposit shall be retained by Jabba in addition
to any further rights that Jabba may have against Venue arising from or in connection with the cancellation of the
Engagement.
- This Agreement shall be governed by the laws of the state of Queensland. Each party does hereby submit to the non-exclusive jurisdiction of the Courts of Queensland and Courts of appeal therefrom.
- Venue does hereby warrant and represent that Venue will have its own policy of public liability insurance in place at least 14 days prior to the Performance Date. Venue must provide Jabba with a certificate of currency for that insurance not less than 14 days prior to the Performance Date. Venue does hereby acknowledge and agree that this is a fundamental term of this agreement and that failure to provide a valid certificate of currency in compliance with this clause is a breach by Venue of this Agreement.
- Each party must keep the terms of this Agreement confidential and not disclosure the terms hereof to any other party, save and except as required to seek legal advice in regard to this Agreement, or as otherwise compelled by law.
- Venue Contact is hereby duly authorised to deal with Jabba for and on behalf of Venue. Venue hereby gives Venue Contact power to legally bind Venue in respect of matters arising from or in connection this Agreement. Venue does hereby authorise request and direct Jabba to communicate with Venue Contact in relation to all matters under this agreement, and does hereby acknowledge undertake and agree that Venue will be bound by all directions given to and agreements reached between Venue Contact and Jabba relating to this Agreement.
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Venue does hereby, warrant, represent, undertake and agree that:
- The Venue, including but not limited to the Performance Space, is suitable for use by the Artist for the Performance and free of defects; and
- any and all equipment provided in the Venue for use by Artist and/or Jabba in the course of the Performance will be in fit and proper state of repair, compliant with all safety standards, laws and regulations and not defective in any way.
- Venue does hereby indemnify and undertake to save harmless Jabba in respect of any claim, suit, action, demand, cost, expense or other liability of any sort whatsoever that arises from or in connection with Artist’s performance at the Venue.
- Jabba has or will, prior to the Performance Date, obtain from Artist a warranty that any and all equipment taken by Artist into the Venue will be in fit and proper state of repair, compliant with all safety standards, laws and regulations and not defective in any way. However, Jabba makes no warranty or assurance as to the suitability of the Artist’s equipment or that equipment being free from defects.
Addendum Terms and Conditions to Jabba Venue Contract for Artist Booking in Venue (‘Agreement’)
(The following clauses apply to AVC venue ticketed shows only and does not apply to venues outside of AVC or non-ticketed shows)
- Australian Venue Co Limited ABN 14 607 666 348 and its Related Entities (AVC) does not provide any personal or directors’ guarantees. If any personal or directors’ guarantees are included in the Terms and Conditions, these are deleted in their entirety and not agreed to by AVC.
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Any and all indemnities in the Terms and Conditions expressed as being provided by AVC or any of its Related Entities in favour of the Agent or the Artist or any third party are deleted in their entirety and replaced with the following indemnity only:
“AVC agrees to indemnify the Agent and the Artist against personal injury or property loss or damage to the extent such injury, loss or damage is directly caused by the negligent act or omission of AVC.” - The Agent and/or the Artist must not use the AVC trade marks or other intellectual property owned by AVC without AVC’s prior written consent.
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The Artist must ensure:
- the performance its supplies to AVC comply with the specifications set out in this Agreement;
- it provides the performance in a timely manner with all necessary skills, care and diligence to the reasonable satisfaction of AVC;
- it performs its obligations in accordance with this Agreement and all reasonable direction of AVC;
- it performs its obligations under this Agreement in accordance with all applicable laws, rules, regulations and industry and safety standards, incuding but work health and safety policy and fire safety policies and procedures of AVC; and
- it has obtained all licenses and performing rights permits.
- the performance its supplies to AVC comply with the specifications set out in this Agreement;
- Payment terms are seven (7) days from the time AVC receives a valid tax invoice.
- Clauses 10 and 11 are amended as follows: word “28 days” is replaced with “14 days”.
- AVC is not restricted from booking or allowing to appear any other artists similar or with the likeness of the Artist and any exclusivity in favour of the Artist is deleted. If the Artist is not longer represented by the Agent at any time after the performance date, clause 8 shall not apply.
- Without limiting AVC’s other rights and remedies, the Agent and/or the Artist indemnifies AVC from any loss, damage, expense (including lawyer’s fees and expenses on an indemnity basis) claim, demand or liability made or incurred as a result of or in connection with: (a) the negligent act or omission by the Agent and/or the Artist; or (b) personal injury, death or property loss or damage suffered by any person arising out of an act of the Agent or the Artist in connection with the performance provided by the Artist; or (c) breach by the Agent and/or the Artist of the terms of this Agreement.
- If AVC considers that the Artist is in material breach of this Agreement, may give the Agent and the Artist a written notice specifying a reasonable time by which the Artist may rectify the breach, to the extent the breach is capable of rectification. Notwithstanding any other term of this Agreement, AVC has a right to withhold or set off from the Fee if the Artist is in breach of clause 8 of this Addendum.
- The Artist warrants to AVC that it has the right, title or authority to use the intellectual property rights in the goods and/or services; and AVC’s use of such in accordance with the Terms and Conditions will not breach any third party intellectual property rights.
- Without limiting AVC’s other rights and remedies, the Artist indemnifies AVC from any loss, damage, expense (including lawyer’s fees and expenses on an indemnity basis) claim, demand or liability made or incurred as a result of or in connection with the Artist’s breach of clause 10.