Agreement Presenter to Producer

Transcription

1 Agreement Presenter to Producer Between and For Organisation: Address: Contact: P: Website: E: ABN:

2 AGREEMENT Parties The Presenter: Presenters of the of office situated at: The Producer: situated at: Background The producer has agreed to deliver performance(s) or services as part of the event within the terms of this Agreement. This agreement supersedes all previous understanding between the parties. The presenter when defined as a person, refers to the staff and agents of the presenter and the event. ns and Interpretation 1. Definitions In this Agreement: The Presenter refers to the organisation or group name hosting the show. The Producer refers to the organisation or group name providing the show. Artist Personnel are the personnel of The Producer involved in the show (who could include the Producer). Engagement has the meaning given in clause 3. The Fee can either be an agreed booking fee, the total income derived from tickets for the show, or payment for other services as agreed in writing. The Event is to be held in between The Show refers to a presentation/performance/supply of artist or technical services. GST means the goods and services tax imposed by the New Tax System (Goods and Services Tax) Act Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether existing now or in the future, including; copyright, moral rights, trade mark, patent, design and other rights resulting from intellectual activity. Performance Dates are the dates for presentation of the show as per Schedule 1. Performance Times are the times at which the show is scheduled to commence and end as per Schedule 1. Page 2 of 11

3 Registration System refers to a set of documents, either digital or printed that the parties use to define performance dates, times, fees, technical requirements and other details as required. Tax means any tax, withholding tax, or impost of whatever nature imposed by any country or State including Australia. Tax Deduction is any amount that is required to be withheld by the Tax Law. Tax Law is all laws, statutes and regulations relating to tax. Venues are the venue(s) for the show as specified by the registration system. Valid Invoice means a document that includes a registered business name; the ABN associated with that business name; the registered address and GST status of that business name; EFT details of an account held in that business name; a description of items being invoiced, their cost in Australian dollars and the GST amount if applicable. 2. Interpretation a) In this agreement, headings are for ease of reference only and do not affect interpretation; b) The singular includes the plural, and the plural includes the singular; c) If a word or phrase is defined, another grammatical form of that word or phrase has a corresponding meaning; d) A reference to: i. A person; includes an individual, a corporation, a government body and any other entity legally recognised; this Agreement; includes any attachments, annexures and schedules to it; and e) Where a party comprises two or more persons, the obligations and rights of those persons respectively bind and benefit all of them jointly and each of them individually. 3. Engagement The Presenter engages The Producer, and The Producer agrees to deliver The Show as part of The Event on the terms of this agreement (the Engagement). The Producer must: a) Deliver the show at the venues and on the performance dates agreed and confirmed via the registration system; b) Provide the artist personnel to present the show. 4. Covenants The Producer will ensure that: a) all licences and clearances, including intellectual property or performing rights licences, required to conduct the engagement are obtained at its cost and at no expense to the producer outside the fee for the show; b) and warrants that the show will not infringe any third- party rights, including Intellectual Property Rights); The Producer covenants that: a) at the time of signing this agreement and at all times during the term of this agreement, to ensure that none of the artist personnel will enter into any engagement or be a party to any contract which might preclude the artist from fulfilling this agreement. Page 3 of 11

4 5. Applicable Law This Agreement will be governed by the law of the Northern Territory and the parties submit to the jurisdiction of the Courts of the Northern Territory. 6. Not deemed employment for any purpose The Producer acknowledges and agrees that: a) It is not and will not at any time be construed as an employee of the Presenter at common law, for the purposes of any federal or state legislation, local law, regulation, order or ruling; b) That the workplace health and safety policies and Code of Conduct of the Presenter will apply to the Producer and artist personnel for the duration of the engagement. Copies of these policies are attached as Schedule 2; c) The Producer and/or artist personnel are responsible and liable for the making of any payments in respect of payroll or any other tax, or other entitlements; d) If the Producer has no ABN or is a sole trader, and the fee is more than 50% labour; i. The Presenter is responsible for making payment of superannuation for artist personnel that have no ABN or are sole traders; and Is responsible for managing payment for that artist personnel s worker s compensation. 7. Insurance Artist personnel contracted by the Presenter for the engagement, will be covered by public liability insurance maintained by the Presenter for the sum of twenty million dollars (AUD $20,000,000). a) This insurance excludes high risk activities such as circus and acrobatics; i. Producers or artist personnel engaged in high risk activities must maintain their own public liability insurance with a minimum equal to the Presenter; A copy of a certificate of currency valid for the duration of the engagement must be provided to the Presenter as part of this agreement; b) If the Producer or artist personnel provide technical services involving electrical or mechanical systems, or physical structures that may cause injury or death in the event of failure; i. they are required to maintain their own public liability insurance with a minimum equal to the Presenter and provide a copy of a certificate of currency at the commencement date of this engagement; are recommended to maintain professional indemnity insurance; c) If the Producer or artist personnel as part of the show give instruction to the audience, that may cause injury or death, i. they are required to maintain their own public liability insurance with a minimum equal to that of the Presenter and provide a copy of a certificate of currency at the commencement date of this engagement to the Presenter; are recommended to maintain professional indemnity insurance; Page 4 of 11

5 8. Indemnity (a) The Producer hereby indemnifies the Presenter against any medical, hospital or related travel expenses incurred by any of the Producer or Artist personnel during the engagement. Any such expenses will be borne by the artist and it will be the responsibility of the artist to insure against such expenses as it sees fit. (b) The artist hereby indemnifies the Presenter against all claims, including legal costs, damages, liabilities, or losses incurred by the artist or any of their artist personnel during the engagement. 9. Workers Compensation Where the Producer is an incorporated company, association or partnership: a) It will be the responsibility of the Producer to take out and maintain, for the duration of the engagement, workers compensation insurance covering the artist personnel. Where the Producer has no ABN or is a sole trader: b) It will be the responsibility of the Presenter to manage payment of workers compensation for artist personnel. 10. Fee for the show The Producer agrees to: (a) Provide a valid invoice for the fee as set in registration system within 21 days of the show; (b) If required by 6(d), provide details including TFN, DOB, super fund name and super account number for artist personnel who are individuals or sole traders with more than 50% of their fee being for labour. The Producer acknowledges: (a) That if they have no ABN or are a sole trader the presenter will withhold from the fee; i. the amount required to for superannuation contributions to artist personnel under the superannuation guarantee as per schedule 1; the amount required for workers compensation by the appropriate workcover rate as per schedule 1; i a processing fee for each instance of managing a superannuation payment as per schedule 1; (b) The Presenter will not pay invoices submitted after 30 days, or less than 14 days before end of current calendar year whichever is the lesser, without prior written agreement to do so. The Presenter agrees to: (a) Pay the fee as set out and confirmed in the registration system to the artist for the show; (b) Pay by electronic funds transfer within 14 days of receipt of a valid invoice; (c) If required by 6(d), manage payment of superannuation and workers compensation for the qualifying artist personnel; 11. Expenses a) Except as expressly specified in this agreement, or in writing from the Presenter will not be liable for any further expenses in relation to the engagement. This relates to expenses which are not expressly specified in this agreement but which may or may not be required for the engagement to be completed by the Producer. Page 5 of 11

6 12. GST a) If GST is payable in relation to any supply made in accordance with this Agreement the amount detailed and confirmed in the registration system will exclude the GST amount; b) The Producer will not be entitled to any payment in respect of GST unless it obtains and maintains an Australian Business Number (ABN) and its GST registration. 13. Travel and Accommodation The Presenter will endeavour to: a) Provide information and options to the Producer and Artist Personnel for an accommodation option close to the show for hire to artist personnel who do not normally reside within reasonable travel distance; The Producer acknowledges and agrees: b) To ensure that artist personnel coordinate their travel arrangements to be local to the show for the duration of the engagement; c) That the fee is inclusive of all transport, accommodation and per diems of the show and artist personnel; d) That if the fee includes transport, accommodation or freight as part of this agreement, the Producer will bear all incidental expenses (eg. excess baggage, excess freight, telephone calls, drinks, food etc.). 14. Inclement Weather As determined by the Presenter, any anticipated or observed weather that makes the show impractical or unsafe, will cause the Presenter to: a) Stop the delivery of the show; b) Pay the fee to the Producer for that presentation of the show. 15. No Play, No Pay The Producer acknowledges that: a) In the case of a non- appearance or non- performance at the times, dates and venues specified and confirmed by the registration system, no fee will be paid; b) The Presenter will recoup associated costs incurred including but not limited to travel, accommodation and equipment hire from the Producer. 16. Force Majeure If any presentations of the show are rendered impossible by, reason of flood, earthquake, war or civil strife, hurricane, industrial disputes, strike, fire, lock out, epidemic, failure or delays of scheduled transportation, illness, governmental authority or for any other reason whether of a similar or dissimilar nature beyond the control of the parties: (a) Neither party will have any claim (in contract or otherwise) against the other party for any damage which may have been suffered by reason thereof; 17. The Nature of the Event The Producer undertakes that: a) The Producer and artist personnel will not exhibit or perform material of a crude, offensive, culturally inappropriate or defaming nature that is likely to offend reasonable members of the public. The artist personnel will comply with the directions of the Presenter or its representatives in this regard; b) Artist personnel will comply with the set of policies defined in 5(b); Page 6 of 11

7 c) Artist personnel will carry out such preparation and rehearsal as required to fulfil the engagement; d) During the show, the Producer and the artist personnel will comply with all applicable laws and regulations including local authority noise- control guidelines; e) The Producer undertakes to not, and to ensure that the artist personnel will not, do any act or omit to do any act which may harm or damage the professional reputation of the Presenter. 18. Technical Equipment The Presenter will endeavour to meet: a) Venue production requirements, including all reasonable and specified equipment hire, purchasing, setup and operation; b) Equipment requirements for the show as specified and confirmed by the Producer in the registration system including equipment hire and purchasing. The Producer agrees to and acknowledges: a) If the Producer requires more or specialised equipment for the show, the cost to hire, purchase and transport the equipment will be the responsibility of the Producer. b) If the Producer or artist personnel become aware of damage to equipment, they will report it to the Presenter as soon as possible; c) Ownership of any equipment provided by the Presenter for the use of the artist will remain the property of the Presenter. 19. Merchandise a) Merchandise stalls and artist personnel must adhere to the requirements and policies of the venue; b) The Producer may display and sell merchandise during the performance for up to 30 minutes prior to and after the show. 20. Publicity Advertising a) The Producer must include, as provided by the Presenter, the event name and on platforms where possible the event logo for any advertising of the show specific to the event; b) If the Producer is advertising a tour with many events, only the event name is required; c) The Presenter must include, as provided by the Producer, the show name and on platforms where possible the event logo for any advertising that specifically or in the majority promotes the show within the event; d) For general advertising of the event, or for advertising that promotes more than one artist, the Presenter will include the artist logos and names as it sees fit; e) Both parties will include reciprocal hyperlinks as provided in any digital advertising. Media releases, self- published and/or for the press, both parties will: a) Reference the Presenter, the event and the Producer in media releases related to the show or the engagement, and include reciprocal hyperlinks when using digital platforms; b) Advise the other of media releases that reference the show or the Producer in relation to the event or the engagement. Page 7 of 11

8 Media appearances a) The Presenter will arrange allocated media appearances, and provide a minimum of 24hrs notice to the Producer b) Media appearances may include, but are not limited to, print, radio, television, blog, social media and networked live broadcast; c) The Producer may determine the artist personnel who will attend media appearances, and will advise the Presenter if they are unable to reasonably attend; d) The Producer acknowledges that no additional fees will be paid to him or the Artist Personnel for such media appearances. 21. Media Resources The producer agrees: a) To provide to the presenter, media resources including but not limited to, logos, biography, photographs; and links to reviews, videos, social media and other online presence; b) That this agreement acts as authorisation for all media captured by the presenter and their agents during the engagement, of the show, the producer or the artist personnel; c) That provided and captured resources may be used to promote the show, the event, and future events of the producer; d) To acknowledge the event and the presenter when using any media captured by the producer or artist personnel of the event or the show; The presenter will: a) Cause media to be captured during the engagement of the show, the producer or artist personnel; b) Acknowledge the producer when using captured resources, and provide a hyperlink to the producer when that use is on digital platforms where practicable; c) At its discretion may use, publicise and reproduce any of the provided or captured media collateral, for promotional, archival, reporting or funding purposes; d) At its discretion store and present captured media in publicly accessible and searchable systems including but not limited to, social media, online libraries, kiosks or print. 22. Miscellaneous a) This agreement may only be varied in writing and signed by both parties; b) To the extent permitted by law, in relation to its subject matter, this agreement embodies the entire understanding of the parties, and constitutes the entire terms agreed by the parties; and supersedes any prior written or other agreement of the parties; c) The Producer must not assign, subcontract or otherwise deal with any of it rights or obligations under this Agreement without the prior written consent of the Presenter. Page 8 of 11

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10 Signing page Executed for and on behalf of the Presenter by its representative: Signed for and on behalf of the Producer or its representative: (Signature) (Signature) (Name) (Name) (Date) (Date) Page 10 of 11

11 Schedules SCHEDULE 1 1. Presenter fees & contributions a) Processing Fee is currently $22 (inc. GST) b) Superannuation Guarantee minimum contribution is currently 9.5% c) Workcover Rate is currently 1.2% 2. Agreement specific details a) Performance Dates a. As specified and confirmed in the registration system b) Performance Times a. As specified and confirmed in the registration system SCHEDULE 2 Refer to the following Red Hot Arts Central Australia policies and procedures. a) Code of Conduct b) Drugs c) EEO and Bullying d) Grievance e) Misconduct Page 11 of 11