Between Fledge ltd and 'the artist'
Name of Event: Art Beat Summer Programme Concert in the Re Start City Mall
Performance as part of the Art Beat programme, November 22nd 2013 - January 23rd 2014.
*Please read agreement terms and conditions here below.
Description of Services:
Perform a set in RE:Start mall on the ART BEAT stage as agreed.
Please have your backline gear unloaded and side of stage 30 minutes prior to your performance time.
Fledge will supply a high quality PA, professional FOH sound technician, and covered stage.
Responsibilities of the Supplier
SOUND: Please send us your audio requirements / tech rider and stage plot one week prior to your performance. *More information here: How to make a stage plot*
GEAR: Performers are responsible for bringing all their own instruments, leads, pedals, music stands, seating etc.
WEATHER: Please liaise with the Fledge Coordinator first thing on the morning of the performance to check in regarding any likely postponement in case of inclement weather.
SITE ACCESS & PARKING:
1) Wilsons parking site is located by the Re:start mall at $1 per hour.
1.1 This Agreement constitutes the entire Agreement between the parties as to the subject matter comprised herein and excludes all other pre-contractual or contractual representations, warranties or other obligations
1.2 The completion or cancellation of this Agreement shall be without prejudice to any rights which have already accrued to either of the parties under this Agreement.
1.3 The parties acknowledge that for the purposes of this Agreement the parties are not partners nor joint venturers.
1.4 Fledge will have sole rights to publicity regarding the Event and the Supplier agrees it will not make any public statements or do anything that may damage Fledge’s reputation or in any way make Fledge responsible for anything done by the Supplier.
2.1 The Supplier warrants that they have authority, copyrights, permissions or licences that may be required for the Event and shall indemnify and keep indemnified Fledge from and against all claims, demands, losses, damages, costs and expenses of any nature whatsoever that Fledge may suffer or incur in connection with any infringement of any copyright, licence or agreement by the Supplier in relation to the Event.
3. QUALITY ASSURANCES
Fledge considers the following, among other things, a material breach of this Agreement:
(a) The use of alcohol and/or narcotics by the Supplier prior to or during the Event.
(b) Disregard for a tidy standard of dress and an acceptable level of behaviour (including “appropriate for family” language) whilst at the Venue and when providing the Services.
(c) Failure to use the highest reasonable standard of care, skill and quality when providing the Services.
(d) Failure to provide the Services in a prompt and timely manner.
(e) The breach of any relevant New Zealand standard or law.
4.1 The Supplier will at all times indemnify Fledge in respect of any loss, damage or expense suffered or incurred by Fledge as a direct or indirect consequence of any act, error or omission by the Supplier and for which the Supplier is legally liable. The indemnity will survive the termination of this Agreement.
5.1 The Supplier will arrange any insurance that they may require.
6. HEALTH AND SAFETY
6.1 The Supplier will comply with the Christchurch City Council’s Health and Safety Management Plan.
7. CANCELLATION AND TERMINATION
7.1 In the event of illness or other incapacity of the Artist to appear on the performance date, this Agreement shall be terminated unless the parties can agree on a further performance date.
7.2 Fledge reserves the right, for whatever reason, to cancel the performance (including adverse weather conditions). If cancellation occurs within 24 hours of the agreed performance time Fledge will pay the artist 50% of the agreed fee. Alternately a new performance date may be negotiated.
7.3 If, in Fledge’s opinion, the agent or organisation representing the artist/band can not supply the artist agreed upon for what ever reason, Fledge is not obligated to hire a replacement artist/band through the agent or organisation, is not obligated to offer a further performance date, and may terminate this agreement forthwith.
8.1 The parties agree that any information relating to this Agreement remains strictly confidential and is not to be disclosed to any other party except in the circumstances where:
(a) The information is already in the public domain (otherwise than by breach of this Agreement);
(b) The other party has consented in writing to the disclosure of the information;
(c) The information is released to either parties professional advisors.
9.1 Any notices to be served on one party by the other will be in writing and may be given to a party at the address set out above.
FEE: A fee for the performance has been negotiated.
The supplier shall be responsible for paying a proportionally weighted allocation of the fee to performers within the collective.
PLEASE NOTE – Before any payment is made we will require an invoice.
To make this simpler we have included an invoice template, where you can fill in your details and email the file to firstname.lastname@example.org
- we pay weekly after each performance.