The agreement has been entered by the Artist and The Sound Gaarden to define terms on engagement and obligations between both parties. Upon confirming acceptance of the Term’s & Conditions, both parties agree to be governed by the terms laid out below.
DEFINITIONS This contract defines the terms for hiring a lead artist, musician or band [Hereinafter referred to as the ‘’Artist’’] for their participation in a live performance. It also specifies the obligations of The Sound Gaarden [Hereinafter referred to as the ‘’Platform’’] of the live performance.
2. SCOPE OF WORK
2.1 Any booking whether confirmed verbally, electronically or in writing, will be a legally binding contract subject to non-negotiable terms and conditions of booking.
2.2 Once the booking has been confirmed with a client and the Platform, the terms will be made clear to the Artist.
2.3 These terms may be modified by agreement from all parties concerned. However, all alterations should be notified to the ‘Platform’ who will continue to act as negotiator in advance of the event. Where necessary a written contract could be provided upon request from the Artist.
3. CANCELLATION OF PERFORMANCE
3.1 The Performance may be cancelled by either party to this Agreement through notice received by the other party no less than 7 days before the earliest performance date.
3.2 Where an ‘Artist’ has cancelled the booking, previously confirmed either verbally, electronically or in writing, the Artist will inform the Platform without delay.
3.3 If Artist cancels at any time because Artist is unable to perform due to illness, injury, transport problems, weather conditions, or any other cause beyond Artist’s control, Artist shall retain any deposit and any amount already spent on travel, accommodation or transportation.
3.4 If Artist cancels for reasons within Artist’s control, Artist must refund the deposit and any other fees paid to Artist, including for travel, accommodation or transportation.
4. RECORDING AND IMAGES
4.1 The checked term applies: Artist hereby waives all rights to recordings of any video, music, vocals and photographs of any and all audio or visual elements of the Performance or any part of it. Artist also hereby grants the Platform rights to the sound, voice, photograph, likeness and activities of Artist in connection with the Performance to use as marketing material in order to promote the Artist.
4.2 The Platform is authorized to record (audio or video), photograph, or broadcast the performance in order to promote the Artist.
4.3 Once social media monetization has exceeded a predetermined threshold (500,000 views) allowing the Platform to break even and cover costs for recording and editing the Artist’s work, the Platform is obliged to pay the Artist: 20% of the net profit of earnings from the AV content in question if, the artist has not paid the Platform to record the content for them. 50% of the net profit of earnings from the AV content in questions if, the artist has paid the Platform to record the content for them.
5. ADDITIONAL PLATFORM OBLIGATIONS
5.1 The Platform will: Provide safe working conditions for all Personnel and ensure that all furnished equipment and facilities are in good working order. Ensure the Artist is paid the amount agreed upon.
6.1 Payment terms will be agreed between the client and the Platform. The Platform is responsible for informing the Artist about all details regarding these payment terms.
6.2 The Platform will take sole responsibility of collecting the earnings from a performance and distributing the agreed upon amount to the Artist after the performance.
6.3 For any payments not received within an agreed upon time frame, this may be perceived as a breach of contract and may result in the termination of these terms without penalty to either the ‘artist’ or ‘agent’. In these circumstances, any monies already paid will be non-refundable.
6.4 Artist reserves the right to decline or charge additionally for work that exceeds the Performance time frame.
7. DELAY, INTERRUPTIONS & FINISH TIME
7.1 If any performance is delayed, interrupted or finishes early as a result of any act or omission of a third party client or due to weather, then the Platform will still pay the full fee. The Artist is not obliged to continue past set finishing time unless they agree.
8. PUBLIC LIABILITY AND EQUIPMENT SAFETY
8.1 The Artist accepts full responsibility for maintaining the safety of their equipment and all electrical equipment used at the event.
9. ARTIST’S OBLIGATIONS
9.1 The Artist will provide a highly professional level of performance and shall behave in a professional manner at all times during their time in attendance at the event.
9.2 The Artist shall communicate with the Platform immediately in the event of any issues relating to their performance at the event.
10. ARTIST REENGAGEMENT
10.1 Both the Artist and the Platform confirm that all booking enquiries arising as a direct result of this performance shall be dealt with and booked by the Platform.
11.1 The Artist takes sole responsibility of assuring that any personal identification documentation provided to obtain performance licenses is up to date and accurate.
12. ARTISTIC CONTROL
12.1 Artist will control the artistic content of the Performance. Artist may substitute a competent replacement for any member of the Personnel who is unable to participate in the engagement and provide any necessary paperwork to obtain licenses for their participation.
13. INDEMNIFICATION 1
3.1 The Platform agrees to indemnify and hold harmless all Personnel from any claims, actions, suits, damages or other costs from anyone who suffers any loss or damage as a result of the performance or cancellation of the performance.
14.1 These terms & conditions represent the entire agreement between the parties. All other understandings and agreements are excluded. In no circumstances will the Platform be liable for expenses, wasted expenditure, loss of profit or damage to goodwill whether direct or indirect by the Artist. These terms and conditions are integral with any contract details.
14.2 No party to this Agreement may delegate, transfer or assign this Agreement to another party without the written consent of the other parties to this Agreement.
14.3 This is the parties’ entire agreement on this matter, superseding all previous negotiations or agreements.
14.4 The laws of DIFC Courts govern this agreement and any disputes arising from it must be handled exclusively in courts in that state. The prevailing party in any dispute will be entitled to recover reasonable costs and attorneys’ fees. Agreeing acceptance of the terms of this Agreement, physical or electronic, shall have the same effect as signing an original.
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