These terms and conditions apply to the Performer's booking to perform at the Event.
By submitting a Performer Booking Form, the Performer agrees to be bound by these terms and conditions.
These terms and conditions must be read in conjunction with any other relevant Event Information, including the Performer Booking Form and Council correspondence relating to the Event.
1. Performer
The Performer acknowledges and agrees that it is responsible for ensuring that all Performing Artists comply with these terms and conditions.
2. Performance
2.1 Council Engages the Performer to carry out the Performance in accordance with the terms and conditions of this agreement.
2.2 The Performer agrees to carry out the Performance in a professional, high-quality and entertaining manner.
3. Performing Artists and Equipment
3.1 The Performer will provide all Performing Artists, instruments, equipment, costumes and other items required to deliver the Performance.
3.2 Any electrical equipment used in connection with the performance must have a current test and tag certification in accordance with Australian Standard AS3760. Electrical equipment which has not been tested and tagged must not be used.
4. Arrival and Sound Check
The Performing Artists must arrive at the Event at the time advised by Council, and may be required to participate in an Event briefing and / or sound check on or following their arrival.
5. Performance Alteration
Council reserves the right to alter the scheduled time of the Performance at any time and any changes will be notified to the Performer as soon as practicable.
6. Safety and Compliance
6.1 The Performer must, as soon as is reasonably possible in the circumstances, notify Council of any incident, accident, injury or damage that occurs during the Event.
6.2 The Performer must follow all directions of Council staff, event personnel and emergency services during the Event.
6.3 The Performer must comply with all laws, rules and regulations applicable to the Event and the Performance.
7. Marketing and Promotion
7.1 The Performer agrees to provide Council with at least two high-resolution images and a short biography about it and its Performing Artists, for Council's use in accordance with Condition 7.2
7.2 The Performer grants Council and irrevocable, royalty-free and non-exclusive licence to display, publish and otherwise use the images and biography provided in accordance with condition 7.1 (either in whole or in part):
(a) on Council's website and social media pages; and
(b) in any Council promotional material, whether in print or online,
for the purpose of promoting the Event
7.3 The Performer agrees to make its Performing Artists available for promotional opportunities in connection with the Event (if any), the details of which will be negotiated with Council.
8. Photography
The Performer consents to the Performance being photographed by or on behalf of Council and agrees that such photographs belong to Council and may be used by Council acting in its entire discretion.
9. Dressing Room and Rider
Council agrees to provide the Performer with light refreshments for each Performing Artist. The Performer agrees to notify Council of any dietary requirements of any of its Performing Artists.
10. Payment
Subject to the Performer submitting a tax invoice and any other information to Council as may be reasonably required, and unless otherwise agreed between Council and the Performer, Council will pay the Performance Fee to the Performer in the following instalments:
(a) 50 percent of the Performance Fee following Council's acceptance of the Performer's Performance Booking Form; and
(b) 50 percent of the Performance Fee after the Performance at the Event.
11. Intellectual Property
11.1 The Performer must not do anything or allow anything to be done during its Performance which infringes or may infringe another person's intellectual property rights.
11.2 Where the Performance includes works or materials in which intellectual property rights subsist, the Performer must, on Council's request, provide evidence that the Performer has the right to use that work or material.
12. Insurance
12.1 The Performer must hold and maintain public liability insurance in a minimum sum of $20 million per single event and must provide a copy of its certificate of currency with its Performer Booking Form and otherwise on Council's request.
13. Confidentiality
The Performer must treat as confidential and must not disclose without Council's consent, all information relating to the Event which is confidential or which the Performer should reasonably know is confidential.
14. Liability
14.1 To the extent permitted by law, Council is not liable to the Performer for any loss, damage, claim or expense suffered, including, but not limited to, property loss or damage, personal injury and death, as a result of or in connection with the Performer's attendance or performance at the Event, except to the extent that any such loss is caused or contributed to by the negligent act or omission of Council.
14.2 Council is not liable to the Performer for any indirect of consequential loss that the Performer may suffer, including, but not limited to, lost profits, lost revenue or lost opportunities, loss of goodwill or loss of reputation.
15. Indemnity
The Performer agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors ('Council') against any action, claim, demand, cost (including legal costs) or other liability ('claim') made against or incurred by Council in respect of any accident, damage, injury or loss ('loss') arising from the Performer's attendance or performance at the Event or the Performer's breach or potential breach of these terms and conditions, provided that the Performer will not be required to indemnify Council against any such claim to the extent that any loss is caused by the negligent act or omission of Council.
16. Cancellation
16.1 The Performer may only cancel their Performance in writing.
16.2 Notwithstanding any other provision of these terms and conditions, Council expressly reserves the right to cancel or postpone the Event at any time.
16.3 The Performer acknowledges and agrees that if the Performance or Event is cancelled under clause 16.1 or 16.2 any Performance Fee already paid by Council to the Performer must be refunded upon Council's requires.
17. No Relationship
Nothing in these terms and conditions or in the conduct of Council and the performer will create a relationship of agency, partnership, employer and employee or joint venture between the performer and Council.
18. Breach
The Performer acknowledges and agrees that any breach of these terms and conditions, including failure to provide the required documents within the specified time may, at the option of Council, result in the cancellation of the Performer's booking to perform at the Event of the Performer not being considered for any future Council event bookings.