Cultural Acts: Source of Multicultural Talents


2) The agent is the duly authorized agent of the performer. The agency shall not be liable for any default under this agreement or negligent act or omission of either party arising in any way whatsoever from this agreement or any related matter

3) The employer will obtain all necessary permits and consents to the conducting of the function and all matters hereto and will comply with all conditions imposed with the granting of any such permit or consent, in particular will ascertain and satisfy all requirements of the police force as to police supervision during the engagement.

4) The employer will:
a) Provide a proper number of attendants and stewards to ensure sufficient supervision of the venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the audience, the safety of the performer and the preservation of order. He/She will ensure the performer is provided with a safe and secure area in which to perform. If the performer in his/her discretion considers that the area in which he/she is to perform is unsafe because of lack of shelter from the elements including rain, wind, extremes of heat or cold or other adverse weather conditions or for any other reasons whatsoever, he/she may require that the employer make that area safe or make available another area that is safe. The decision on whether an area is safe for performance shall be solely that of the performer. If the employer fails to make the area safe or make available another Alternative safe area, the performer shall not be obliged to perform, but his/her fee will/shall nevertheless remain payable.
b) Take all precautions to prevent any other person other than the employer, his/her representatives , stage hands and other performers from seeing the performer before and after a performance
c) Provide proper dressing room facilities, if so requested by the performer

5) The employer will provide access to sufficient mains power outlets. Where normal power supplies are not available the employer will provide safe and properly supervised generating system operated by qualified persons. He/She will also indemnify the performer for a loss, damage or injury arising through any malfunction thereof.

6) Where any public address system, amplifier or instrument is provided by the employer, the same will be of proper quality and in good working order

7) The employer will indemnify the performer against any loss, damage or injury actual or consequential of whatever kind arising wholly or in part from the employer in complying with these conditions or from trespass negligent act or omission to the employer, his/her agents or any person under his/her supervision, direction or control.

8) The employer will be responsible for satisfying any demands of the Australian Performing Rights Association in relation to any royalties which maybe claimed by the body for the music to be used in the performance.

9) CANCELLATION: a) the employer may cancel this booking by delivery of written notice to the office of the agency not later than fourteen 14 days before the date set for the performance, whereupon the employer will forfeit the deposit paid. The performer will be entitled to his/her fee as specified herein not withstanding any purported termination by the employer in any other matter. In particular, if the booking is made within fourteen (14) days of the date scheduled for the performance, then the performer shall be entitled to his/her fee notwithstanding any purported termination by the employer. b) The performer may cancel this booking for any reason whatsoever by delivery of written notice to the employer at the address shown herein, not later than fourteen (14) days
before the performance. The performer may cancel this booking upon less than fourteen (14) days notice for reasons of ill health and if requested by the employer will produce a certificate from a registered medical practitioner certifying that he is unable to perform for reasons of ill health. In circumstances where the performer cancels this booking pursuant to clause 9b) any deposit will be refunded to the employer and the performer shall not be liable to the employer for any loss or damages suffered by the employer by reason of failure to perform. c) If the booking is made with fourteen (14) days of the date of the performance then the employer shall have no right of cancellation and the performer shall be entitled to his/her fee as specified herein notwithstanding any purported termination by the employer.

10) When a performer is booked in a residency, then if either party wishes to terminate or change residency, it must do so by giving written notice to the other party, at the address stipulated herein, not later than fourteen 14 days before the date of the scheduled termination or change. Where insufficient notice is given the performer shall be entitled to their fee for a period of fourteen 14 days from the date of notice

11) For a period of 13 months from the date of the last performance, or in the case of a residency, from the date of termination of the residency, any return bookings for this performance or for residency extensions, must be booked through the agency. The venue/employer shall not attempt to return book or extend the residency, through the performer directly, unless a written agreement is entered into, with the agency consenting to the same and the performer shall for the same period stipulated herein, not approach the employer/venue directly for the purposes of return bookings or extending residency, unless a written agreement is entered into with the agency consenting to the same.

12) Payment of the deposit by the employer shall not precedent to this agreement.

13) Where the fee to be paid to the performer is in any way related to or connected with the amount of door takings of the function then the employer agrees that the performers representatives shall be entitled to station a person or persons at the entrance or entrances and further that all such persons aforesaid shall be given reasonable access to the records of the employer relating to the ticket sales and takings of the function And that no ticket shall be given away or sold at other than the advertised price without the consent of the performer or his/her agent

14) Where the performer is a band or group comprising of more than one person the term “performer” when used in the contract will mean the several members of that band from time to time. References to the singular shall include the plural. References to the masculine genders shall include all other genders and vice versa. The term “the Agency” shall mean culturalActs Pty Ltd, its successors or assigns. The term “ the employer” or “ the venue” shall mean the employer or venue names on the front of this agreement, his successors or assigns.

15) Persons signing this document on behalf of the employer warrant that they have the authority to do so and accept liability for signing this agreement. Where the organization or company for which the undersigned has determined this agreement does not make payment or fulfil any part of this agreement the undersigned hereby will accept full responsibility And will personally guarantee that all commitments under this agreement are met. When the undersigned is a director of the organization, he/she will be personally liable and all other directors will be personally liable, jointly and severally.



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