ARTIVIST : make

performance HOA %

Heads of Agreement

[artist] Performance

[todays date]

This letter forms the agreement between [artist] represented by [artist rep] and [client] represented by [client rep]

IT IS AGREED AS FOLLOWS:

Subject to the terms and conditions below...

[client] (hereafter known as ‘the Hirer’), engages [artist] (hereafter known as "the Artist") to provide fully rehearsed performances as part of the performance, held at the [venue] [date] (hereafter known as “the performance").

1. The Artist shall perform the agreed performance as detailed below.

DATES OF PERFORMANCE One performance – [date]
PLACES OF PERFORMANCE(s) [venue]
PAX (CAPACITY)
TIMES OF PERFORMANCE(s)
SOUND CHECK TIME
DURATION OF PERFORMANCE(s) [time] minutes

THE HIRER RESPONSIBILITIES:

2. Equipment

The PA, staging and lighting and backline equipment (refer attached schedule) equipment shall be supplied by the [Artist / Hirer].

3. Fee and Travel Arrangements

/ The Hirer agrees to pay the Artist a Fee of NZ [fee] + GST for the performance.
Total fee payable is [fee] +GST.

/ The Hirer agrees to pay expenses and a guarantee (specific to the attached schedule) to the Artist a Fee of NZ [fee]  + GST; the Artist will receive [%] of gross profits of ticket sales (less agreed booking fees where applicable).  The agreed ticket price is NZ [ticket price] including GST minimum pre sale.

Guaranteed fee payable is [fee] +GST and [%] of gross profits of ticket sales.

50% / 100%  of the fee as deposit shall be paid in advance to secure the performance of the Artist.  The advance is to be paid upon signing of contract and receipt of invoice.  The balance is payable one day prior to the event or by cash immediately after the performance.

4. Ground Transport

All transport to and from the venue is the responsibility of the [Artist / Hirer].

5. Accommodation

All accommodation shall be the responsibility of the [Artist / Hirer].

Accommodation must meet the approval of the Artists manager or tour manager.

6. Presentation Costs

The [Artist / Hirer] will provide and bear the cost of the full staging, production and presentation costs for the event in accordance with the terms hereof and shall provide and bear the cost of associated technical and staff requirements as may be required to bump-in, rehearse, perform and bump-out the Performance.

A sound check of one hour shall be provided prior to the bands performance. If a full sound check is not available then a minimum of 35 minutes change over must be allowed for between artists performance.

7. APRA/Local Royalties

The Hirer shall be responsible for the payment of all music royalties and the Artists shall supply a full song list, including name of song, lyricist and composer, duration and publisher. If the venue is affiliated with APRA then the venue will be responsible for submitting and paying for the APRA royalties.

8. Publicity/Marketing

The [Artist / Hirer] shall be responsible for publicity and advertising in relation to the performance

9. Publicity Calls

The Artist shall attend, within reason, all calls arranged by Hirer for publicity and promotional purposes.

10. Recording and Filming

No recording or reproduction, either audio or visual shall be made of the artist performance without prior written consent from the Artists manager or tour manager.

• Consent is granted for promotional purposes only, no filming of the performer maybe sold.

11. Merchandising

The Artist may at their expense sell t-shirts, CDs and other merchandising at each performance at no cost or fee.

The Artist and Artists designee shall have the exclusive right to sell T-shirts, posters and any other merchandise bearing the name and/or likeness of Salmonella Dub, as well as any other related items. The Artist shall retain all of the proceeds from such sales. No other merchandise vendors will be allowed in or about the venue of performance without a written agreement from the Artist. The Promoter is required to provide a well lit secure area for merchandise sales including 2 x trestle tables and 3 chairs. This area shall be in a position that is easily visible to the public using the main entrance. This area will be provided at no cost to the Artist. The Artist requires that merchandising agreement between licensed house concessionaires and Artist merchandising designee remain negotiable until a satisfactory agreement can be reached.

The Artist reserves the right to cancel the engagement if such an agreement is not reached. Any alterations to the aforementioned merchandising agreement must be approved in writing by the Artist.

12. Hospitality

The Hirer shall provide a band rider for [18] people at the performance, please refer to the attached schedule (annex #1). The Artist will require dressing rooms. The performers require a secure lockable dressing room in the close proximity to the stage for their personal belongings whilst on stage.

13. Complimentary tickets

If the event is ticketed the Artist shall be granted [12] complimentary tickets.

14. Promotion

The name or likeness of the artist shall not be used to sponsor or to be connected with any commercial product or company, including signs, banners or advertising material, on or near the stage without prior written approval.

15. Security

Please provide a secure backstage area for the acts for their personal belongings.

ARTIST'S RESPONSIBILITIES:

16. Technical Requirements

The Artist shall provide all instruments necessary for the performance with the exception of such instruments as shall be provided by the Hirer by mutual agreement.

NATURE OF AGREEMENT:

17. Interpretation/Dispute

This Agreement shall be construed in accordance with the laws of New Zealand and any dispute arising in any way relating to this Agreement shall be justifiable in the Courts of NZ.

18. Conditions

A. The Hirer shall indemnify the performer from any loss, damage or injury, actual or consequential of whatever kind occurring during the subsistence of this agreement and arising wholly or in part from the default of the Hirer in the observance of any of his obligations hereunder or from any trespass, negligence or act of omission of the Hirer, his agents or any person under his supervision, direction or control.

B. It is agreed and declared that any person signing for or on behalf of the Hirer warrants his authority to do so and accepts personal responsibility and liability for the payment of all monies and the due observance by the Hirer of all terms and obligations on the part of the Hirer hereunder.

19. Force Majeure

In the event that any or all performances of the Production are rendered impossible by reason of flood, earthquake, war or civil strife, hurricane, industrial disturbance, strike, fire, lockout, epidemic, failure or delays of scheduled transportation facilities, or other acts of God or any law, order, decree, rule or regulation of any government authority or for any other reason whether of similar or dissimilar nature beyond the control of the parties neither party shall have a claim (in contract or otherwise) against the other for any damage which may have been suffered by reason thereof.  In the event of the foregoing the Hirer shall be at liberty to abandon or cancel any of the performances and the provisions of this Agreement, other than this clause, shall not be operative in respect of any period during which the performances are suspended. In this situation the artists will receive payment for travel costs and deposit only.

20. Cancellation Fee

    A.    More than 2 weeks prior to the event: In the event that any or all performances of the Artist are cancelled more than 2 weeks prior to the event by the Hirer, the Hirer shall cover all sunk expenses incurred by the Artist (at a minimum this will include all non-refundable costs);

    B.    Less than 2 weeks prior to the event: In the event that any or all performances of the Artist are cancelled less than 2 weeks prior to the event by the Hirer, the Hirer shall cover all sunk expenses incurred by the Artist (at a minimum this will include all non-refundable transport and flight costs);

    C.    Less than 2 weeks prior to the event: In the event that any or all performances of the Artist are cancelled less than 2 weeks prior to the event by the Artist, the Artist shall cover all sunk expenses incurred by the Hirer (at a minimum this will include all non-refundable costs).

21. Termination

The Artist may terminate this Agreement in the event that the Hirer fails to perform the provisions specified in this Agreement.

22. Confidentiality

The Artist and the Hirer shall not during or after the term of this Agreement disclose the terms of this Agreement to any other person or persons (except to their accountants and/or legal advisers) whether directly or indirectly except as and when required by law.

 

I hereby agree to the terms and conditions of this Agreement, as outlined above:

SIGNED for an on behalf of [artist]

Signature …………………………………………………………………

NAME …………………………………………………………………...

DATE ………………………………………………………………………

SIGNED for and on behalf of [client]

Signature ………………………………………………………………….

NAME …………………………………………………………………...

DATE ………………………………………………………………………

Please sign both copies and retain one copy for your records.

Annex #1
(example)

Hospitality

12.1) Carparks

x 3 reserved carparks to be available for 1 hour prior to the performance and 2 hours after the performance.

12.2) Backstage hospitality rider

12 x clean towels
2 x dozen bottled still water
1 x dozen Red Bull
1 x dozen cans Coke
3 x dozen Stella, Heineken or Corona
1 x bottle Shiraz
1 x bottle Chardonnay
1 x litre of Gin preferably Bombay sapphire
2 x litres of Tonic
2 x litres of Cranberry
1 x litre of Grapefruit juice
Ice, corkscrew/bottle opener, serviettes, glassware, cheese knife, cheese board etc
Snack platter - fruit, nuts, cheeses, crackers

12.3) Backstage Security

In addition to minimum one (1) security personnel stationed outside the Artists dressing room door, the Promoter shall ensure that minimum one (1) security guard is placed at the backstage door. Anyone without a backstage pass will not be allowed backstage.