Performer Policy: Terms and Conditions
A RESPONSIBILITIES OF THE PERFORMER
- The Performer acknowledges that these Terms And Conditions have been read and are agreed to before completing the ‘Application’.
- The Performer will present the Performance during the Event on the dates and times, and at the locations as agreed.
- The Performer must not do anything or enter into any contract or understanding that might be reasonably likely to cause The Performer not to be available as required.
- The Performer will, at all times, be under the direction of The Festival’s representatives.
- The Performer will conduct the Performance in such a manner so as not to breach any law and will not cause The Festival to breach any of the conditions of the permits or consents that The Festival or The Performer have obtained.
B RESPONSIBILITIES OF THE FESTIVAL
- The Festival will provide The Performer with the technical support, equipment and other matters as specified in Item J (2). The Performer will be responsible for providing other equipment and supplies necessary for the presentation of the Performance (including, without limitation, costumes, make-up, wigs, props and musical instruments), and for The Performer’s stay at the Venue during the Event.
- Where The Festival becomes aware that any item specified on the performer application, to be provided by The Festival:
- is not available;
- has been the subject of a cost increase; or
- is otherwise not practical for The Festival to provide;
- then The Festival will provide such equivalent item or items as may be available at the relevant time.
- The Performer shall obtain all necessary permits and consents to allow The Performer to stage the Performance.
- The Festival shall be responsible for obtaining the necessary licenses from the Australian Performing Rights Association (APRA)
C FEE &PAYMENT
- In consideration of the satisfactory completion by The Performer of the Performance and The Performer’s other obligations under the Agreement, The Festival will pay to The Performer the Fee within 14 days of provision of a valid tax invoice including ABN, and completed APRA forms by The Performer.
- Only one payment per Act. Cash payments are not possible.
- The Fee is one all inclusive of performance fee, travel (including airfares) and GST. GST will not be added subsequently.
- Performers payments will be made in Australian Dollars via Internet Bank Transfer.
- The Performer acknowledges that they are a contractor of The Festival and not an employee, and as such The Performer is liable for all income tax, superannuation contributions, workers’ compensation, insurance payments, holiday pay, long service leave or other benefits payable to, or in relation to, any employee of The Performer, and The Performer indemnifies The Festival against any claims in this regard.
- Where any amounts are owed by The Performer to The Festival, whether due to any breach by The Performer of The Performer’s obligations under this Agreement, or any negligent acts or omissions of The Performer, The Festival will be entitled to off-set such amounts against the Fee.
- Where APRA forms are not received by The Festival within five working days after the conclusion of the Event, The Festival will be entitled to off-set such amounts charged by APRA as late fees, against the Fee.
D TICKET ALLOCATION
- Where performances are for the part &/or day, a ticket to allow access of the Event for the time in which they perform will be allocated. Performers will not automatically be allocated a full weekend ticket. Tickets allocated for your Act will be included in the agreement.
- Only The Performers with names listed on your application, will be considered for tickets. Any changes to those names must be notified prior to check-in.
- Spousal/partner tickets for Performers must be arranged in conjunction with The Performer’s contracted Fee.
- Where The Performer disagrees with ticket allocation upon arrival, The Performer will not request/demand complimentary entourage tickets from The Festival volunteers at the check-in desk, as they will refuse. The matter must be referred to the Program Director, or Committee Member.
- Tickets can be purchased from 4pm Friday of The Festival, at the Ticket Office.
E ADVERTISING AND PROMOTION
- The Performer grants The Festival the right to use The Performer’s name and approved photographs, likenesses and biographies to advertise and promote the Event.
- The Performer will provide The Festival with all relevant publicity materials upon request:
- short biography, as a Microsoft Word document;
- latest press releases as a Microsoft Word document;
- high resolution colour image sent as a JPEG file ONLY (High Res-300 dpi)
- publicist/management contact (name, email, mobile) for any interview requests pre festival (October);
- and, if available, video footage for streaming onsite/potential television promotion purposes
- Subject to availability and professional commitments, The Performer will assist with the promotion of the Event.
- The Performer hereby grants The Festival a non-exclusive license (subject to any prior grant of rights to APRA) to reproduce and communicate to the public one track
- from The Performer’s most current audio release in the following formats:
- streaming via official Event website; and
- inclusion in sampler Event compilation CD for distribution to radio stations and other relevant media.
- The Festival will exercise these rights for the sole purpose of promoting the Event, and will not commercially exploit them in any way.
- The Performer agrees that it will not make or issue any public statements, or grant any interviews, regarding the Event, except with the consent of The Festival.
F MERCHANDISING & GST
- The Festival will provide an outlet at The Festival for merchandise sales. The Performer understands and agrees that sales of CDs and all other merchandise will be only permitted through Festival Outlets, at a commission of 20% of the gross (inc. GST inclusive price.
- CDs and merchandise must be checked-in, at The Festival Shop.
- We encourage ‘CD Signing Sessions’ at our side stage CD booth after any performance.
- An invoice for the 20% commission can be posted to you after The Festival if you indicate on the form when you check-in the merchandise.
- GST is not applicable. The Tablelands Folk Festival Assn. Inc. (ABN: 89 320 902 310) is not registered to report or charge GST, therefore The Festival does not charge GST on any sale, nor is GST included in any other monies paid to The Festival.
- There is no GST included in merchandising commission payments to The Festival.
G CONFIDENTIAL INFORMATION
- The Performer acknowledges that the terms of the Agreement and information regarding the Event disclosed to it pursuant to or connected with the Agreement and the services provided under the Agreement is confidential.
- The Performer agrees not to disclose, whether before, during or after the Performance, any Confidential Information, other than that which enters the public domain through disclosure by The Festival.
- Either party may terminate this Agreement by giving written notice to the other, if that other party breaches any term of this agreement and, (where the breach is capable of rectification) having been given 5 days notice requiring it to rectify its breach, the other party fails to do so.
- The Festival may terminate the Agreement immediately, without any notice to The Performer if any member of The Performer commits any act of serious misconduct, including (without limitation);
- any act of fraud or dishonesty;
- any act which may injure or endanger any other person;
- any act which may directly or indirectly damage the reputation of The Festival or the Event;
- being unduly intoxicated or under the influence of drugs; or
- the Event is cancelled or postponed due to Force Majeure;
- If The Performer is not present at the Venue at the time specified on the program.
- The Performer agrees to provide their own insurance
- Workers compensation insurance policies in respect of The Performer’s employees and contractors as required by law ; and
- The Performer recognises that the public liability insurance currently held by The Festival does not cover actions caused directly or indirectly by The Performer.
- The Performer agrees to insure The Performer’s own equipment for all risk of damage or theft. The Performer hereby releases The Festival (and The Festival’s officers and employees) from any claim arising from any loss, theft or damage suffered by The Performer (or any guest of The Performer) in relation to their vehicles, equipment or property, whether or not such loss, theft or damage arises from any negligent act or omission of The Festival (or The Festival’s officers and employees).
J STAGE REQUIREMENTS
- The Performer(s) will arrive at their presentation at least 15 minutes prior to the performance to introduce themselves to the Stage Manager, Sound Tech & MC and to become familiar with the venue and stage. The Performer does not need to bring their own sound crew. Brief line & sound checks are to be made immediately prior to performance.
- All stages are equipped with lighting, PA system/fold back & Engineers where applicable. The main stages only are supplied with a general backline including drum kit, bass amp and guitar amp. Any specialist equipment is The Performer’s responsibility. Please contact us with any queries.
K TRAVEL & TRANSFERS
- The Performer agrees to pay all travel costs, and to arrange and book the same. No additional reimbursement will be considered other than as agreed.
- The Festival agrees to provide shuttle transfers from Cairns Airport to Yungaburra & back. If you need this service, you will need to fill in and return the Shuttle Transfer Form.
- Details required are:
- Which airline, including flight number and originating port
- Arrival and/or Departure times
- Number of people in your party and what extra equipment to collect. We estimate one suitcase & one guitar sized instrument per Performer.
- The Performer agrees to provide all details before September 30th. If there are any changes to the itinerary after that date, The Performer agrees to ensure that The Festival is immediately notified.
L ACCOMMODATION & CAMPING
- There is limited local accommodation available. The Festival agrees to provide selected Performers with accommodation. Performers will often be required to twin share a room, or a billet with other Performers.
- The Performer(s) will not be charged for camping. A camping pass will be issued upon Performer check in. The Camping area is three hundred metres walk away from the main venues.
- The Festival agrees to supply a campsite only. No camping equipment will be provided. Performers must BYO tent & sleeping gear & all other camping requirements.
- Performers with spouse/partner will need to organise alternative accommodation. Inform us asap and we will endeavour to help with a billet. The Festival cannot guarantee non-Performer accommodation.
- The Festival does not provide The Performer with meals or riders. There are festival food stalls, as well as several local restaurants/food outlets within walking distance. The local Foodmarket has good supplies.
- The engagement is personal and cannot be assigned, transferred or sub-contracted. If any of the members of the Act specified on The Performer application, cannot reasonably fulfill the whole or any part of the Performance, The Performer must notify The Festival in writing, and obtain the approval of The Festival (acting reasonably) to any replacement.
- The parties acknowledge The Performer is an independent contractor and that nothing in this agreement creates any relationship of partnership or employment between the parties.
- The signatory Performer agrees to this Agreement on behalf of all members of the Act involved in a performance and, takes responsibility to ensure all Performers under the Act name understand and agree to these terms and conditions.
- The Agreement is an entire Agreement between the parties relating to the Performance of The Performer at the Event. Any previous understanding, agreement, representation or warranty relating to this subject matter is replaced by the agreement and has no further effect.
- The agreement may only be changed in writing signed by all parties.
- The agreement is governed by the law in force in Queensland, Australia.