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The following are Standard Employment Conditions pertaining to
the employment of an entertainer in Australia. Members of AEAA are
encouraged to adopt them for all performer engagements.
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1. The Employer hereby engages the Performer to appear,
perform and otherwise comply with the reasonable requests of the
Employer with respect to the appearance as specified.
2. This Contract must be signed and returned, together with
the first installment, to the Agency at its address unless the
Agency requests otherwise.
3.Unless arranged otherwise with the Agency the Performer is
to be paid immediately after the performance.
4. The Employer acknowledges that the Agency does not act as
a principal but is the duly authorised agent of the Performer. The
Agency shall not be liable for any compensation, damages, costs or
any other incidental expenses under this agreement arising out of
any breach, default, negligent act or omission of either party
arising in any way out of or incidental to this agreement.
5. The Employer will:
a) Provide a proper number of attendants and stewards to ensure
the safety of the Performer including sufficient supervision of the
venue, maintaining the proper conduct of the audience and the
preservation of order and that the Performer is provided with a
safe and secure area in which to perform and also to prevent the
entry of undesirables. If the Performer in his/her sole discretion
considers that the area in which s/he is to perform is unsafe
because of lack of shelter from the elements, including rain, wind,
extremes of heat and cold or other adverse weather conditions, or
for any other reasons whatsoever, s/he 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 to make available an alternative safe area, the
Performer shall not be obliged to perform but his/her fee shall
nevertheless remain payable.
b) Take all reasonable precautions to prevent any person other
that the Employer, his representatives, stagehands and other
Performers from seeing the Performer before or after the
performance if so required by the Performer.
c) Provide proper dressing room facilities if so required by the
Performer.
6. The Employer will provide access to sufficient mains
power supply outlets. Where normal power supplies are not available
the Employer will provide a safe and properly supervised generating
system operated by qualified persons. He will also indemnify the
Performer for any loss, damage or injury arising through any
malfunction thereof.
7.Where any public address system, amplifier of instrument
is provided by the Employer, the same will be of proper quality and
capacity and be in good working order. The Performer shall be
notified if a sound engineer is to be provided by the Employer and
that sound engineer shall be competent, experienced and act
professionally.
8. The Employer will indemnify the Performer against and
loss, damage or injury, actual or consequential of whatever kind
arising wholly or in part from the default of the Employer in
complying with these conditions of from any trespass, negligent act
or omission of the Employer, his agents or any person under his
supervision, direction or control.
9. The Employer will be responsible for satisfying any
demands of the Australasian Performing Rights Association in
relation to any royalties that may be claimed by that body for the
music to be used at the performance.
10. a) The Employer may cancel this booking by delivery of
written notice to the office of the Agency not later than thirty
days before the date set for the performance where upon this
agreement will be terminated and the Employer will forfeit the
first installment. In the event of the Employer failing to
terminate this agreement as set out in this clause, it shall remain
in force and affect and the Performer will be entitled to his fee
as specified herein notwithstanding any purported termination by
the Employer in any other manner.
b) The Performer may terminate this agreement for any reason
whatsoever by written notice delivered or sent by pre-paid post to
the Employer at his address herein not later than thirty days
before the date of the performance herein. The Performer may
terminate this agreement upon less than thirty days notice if for
any reason 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 any circumstances where a Performer cancels this booking, any
first installment will be refunded to the Employer.
11. The liability of the Performer to the Employer for
any loss or damages suffered by the Employer by any reason of a
failure to perform, otherwise than in accordance with a termination
pursuant to clause 10(b), arising from any breach of the conditions
hereof or any negligent act of omission of the Performer in the
performance of his obligations hereunder of in the doing of
anything related hereto, shall be limited to the amount of the fee
to be paid to the Performer hereunder or to the Performer supplying
his services on another occasion at a time and on conditions to be
agreed between the parties.
12.In the event that the Employer does not pay the first
installment this agreement shall never the less be effective and
enforceable.
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 Performer, his manager
or nominee shall be entitled to station a person or persons at the
entrances at or near the ticket office and further that all such
persons shall be given 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 that the advertised
price without the consent of the Performer or his agent.
14.The Employer shall ensure that there is no recording
and/or taping, photographing or filming of the performance in any
way whether for business or private purposes.
15. All broadcasting rights are with the Performer and any
live broadcasting require written agreement from the Performer.
16. 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 in connection with the
granting of any such permit or consent and, in particular, will
ascertain and satisfy the requirements of the police force as to
police supervision during the engagement.
17. In the event that the Employer does not pay the fee or
any part thereof as provided under this agreement, the outstanding
amount shall be a debt owing to the Performer and the Agency shall
have the right to pursue all avenues of collection on behalf of the
Performer. Any such overdue payments shall attract interest at the
rate of The Reserve Bank’s Official Cash Rate plus 10% per annum
from the due date of payment until payment is made in full.
18. This agreement records the full agreement and
understanding between the parties and supersedes any previous
agreement or verbal discussion.
19.Where the Performer is a band or group comprising more
than one person the term “Performer” when used in this contract
will mean the several members of that band or group from time to
time and references to the singular shall include the plural. The
term “ the Agency” shall mean ………………………………………………………….… it’s
successors or assigns. The term “the Employer” shall mean the
Employer named on the first page of the Booking Confirmation, his
successors or assigns.
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