Beruflich Dokumente
Kultur Dokumente
BETWEEN
MUSIC NT INC (ABN 34 792 015 203) of 12 Smith St, Darwin, Northern Territory of Australia 0800
(hereinafter called the Presenter) of the one part
AND
Any agent, company or promoter acting for, or on behalf of, the Artist, if applicable, as detailed in
Schedule 1, will be responsible for all obligations of the Artist under this Agreement.
IT IS HEREBY AGREED
The Presenter will host the Music NT Festival (and event included therein), (hereinafter known as ‘the
Event’). Music NT engages the Artist, and the Artist agrees, to perform the performance at the venue
on the terms and conditions contained in this Agreement and in the Schedule annexed to this
Agreement.
1. Artist’s obligation
1.1 Production Requirements
The Artist agrees to provide Music NT with a
(a) comprehensive written specification detailing the technical requirements of the Artist
no later than 3 weeks prior to their performance
(b) list of band members for the performance at the event no later than 3 weeks prior to
their performance
2. Indemnity
The Artist hereby releases and indemnifies Music NT, its officers, employees and agents from and
against all actions, claims, proceedings and demands whatsoever, which may be made or brought by
any person, body or authority against it or them or any of them in respect of any loss, injury or
damage including death to any person or property and consequential loss arising out of the
performance of this Agreement, unless such loss, injury or damage is due to any negligent act or
omission of Music NT
4. Mutual Agreements
The Presenter and the Artist agree that:
(a) the payment of the Performance Fee to the Artist grants The Presenter the following
broadcast rights: the filming or televising of any rehearsal or Performance with no
more than three minutes of such film or televised material to be used as part of a film
or television documentary, or for archival purposes, or for the promotion of the arts
(including The Presenter) in Australia; and
(b) the photographing of any rehearsal or Performance, with such images to be used for
the purposes of promotion of the arts (including the Presenter) in Australia, or for
archival purposes; all other broadcast rights in respect of Performances shall be
negotiated separately between The Presenter and the Artist.
5. Termination
(a) subject to Clause 5(c) below, if the Artist commits a breach of this Agreement and
that breach cannot be rectified within seven days of the Artist being notified by The
Festival to do so, then The Festival is entitled to terminate this Agreement and the
Artist shall not be entitled to any portion of the Performance Fee in respect of any
period after that termination;
(b) if the Artist is unable to undertake or complete any Performance whether through
illness or any cause within the Artist's control, The Festival may at its option and in
respect of each Performance:
(i) reschedule that Performance if possible and continue to pay the Performance
Fee for that Performance;
(ii) or if the Performance cannot be re-scheduled, cancel that Performance
entirely and no portion of the Performance Fee will be payable in respect of
that Performance; or
(c) terminate this Agreement, with payment of only that portion of the
Performance Fee as relates to the Performance that has been carried out by
the Artist;
6. Taxation
It is agreed that the artist is responsible for all payments receivable by performers and other members
of the touring party, and that all wages and salary on-costs associated herewith, including any lawful
requirement to pay taxes to the Australian Taxation Office as a result of the performance of work for
fees paid pursuant to this Agreement, shall be paid by the artist.
No claim for additional fees, superannuation contributions or any other payments whatsoever shall be
made by the Presenter.
7. Nature of Agreement
It is hereby expressly agreed and declared that the relationship between the parties hereto is not that
of employer – employee and accordingly, the artist shall bear all expenses incurred by the artist not
covered by this agreement during the period of this agreement.
THE ARTIST
SCHEDULE 1
Item 1 ARTIST
Contracting Party: XXXXXXX Contact: XXXXXXXX
Performer(s): XXXXXXXXXXXX
Address: XXXXXXXXXXXXXX
Phone number: XXXXXXXXXXX Fax number: nil
E-mail address: XXXXXXXXXXXXXX ABN: GST Registered: Yes / No
Item 2 PERFORMANCE
The Artist is engaged to perform 1 x performance on August 16th 6.30pm – 7.30pm.
NB: Times may be subject to change in line with Darwin Festival performances.
Sound check time (TBC) please check with XXXXXXXXXXXXXXX of the Darwin Festival.
Item 3 VENUE
Darwin Festival 2009 - Festival Park, Civic Park Darwin.
Item 5 MERCHANDISING
The Artist will be permitted to sell their own merchandise on the day of their performance.
Item 6 PROMOTIONS
Music NT seeks the artists’ active involvement in promotion of the performance.