1. UNLESS ARRANGED OTHERWISE WITH THE AGENCY THE PERFORMER IS TO BE PAID IMMEDIATELY AFTER THE PERFORMANCE.
2. The employer will obtain all necessary permits and consents to the conducting of the function and all matters here to and will comply with all conditions imposed in connection with the granting of any such permit or consent and, in particular, will ascertain and satisfy the requirements of the police force as to police supervisions during the engagement.
3. The agent is duly authorised agent of the performer. The agency shall not be liable for any default under this agreement or negligent act or omission of either party arising in any was whatsoever from this agreement or any related matter.
4. The employer will provide access to sufficient mains power supply outlets. Where normal power supplies are not available the employer will provide a safe and properly supervised generating system operated by qualified persons. He will also indemnify the performer for any loss, damage or injury arising through any malfunction thereof.
5. The employer will -
5.I. Provide a proper number of attendants and stewards to ensure the sufficient supervision of the venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the performer and the preservation of order and will ensure that the performer is provided with a safe and secure area in which to perform. If the performer in his sole discretion considers that the area in which he is to perform is unsafe because of lack of shelter from the elements, including rain, wind, extremes of heat, and cold or other adverse weather conditions, of for any other reason whatsoever, he may require that the employer make that area safe or make available another area that is safe. The decision on whether an area is safe for the performer shall be solely that of the performer. If the employer fails to make that area safe or to make available an alternative safe area, the performer shall not be obliged to perform but his fee shall nevertheless remain payable.
5.II. Take all responsible precautions to prevent and person other than the employer, his representatives stage hands and other performers from seeing this performer before or after the performance if so required by the performer.
5.III. Provide proper dressing room facilities if so required by the performer.
5.1V The employer will provide a safe and properly supervised generating system operated by qualified persons. He will also indemnify the performer for any loss, damage or injury arising through any malfunction thereof.
6. Where any public address system, amplifier or instrument is provided by the employer, the same will be of proper quality and in good working order.
7. The employer will indemnify the performer against any loss, damage or injury, actual or consequential or whatever kind arising wholly or in part from the default of the employer in complying with these conditions o r form any trespass negligent act or omission of the employer, his agents or any under person under his supervision, direction or control.
8. The employer will be responsible for satisfying any demands of the Australian Performing Right Association in relation to any royalties, which may be claimed by that body for the music to be used for the performance.
9. The liability of the performer to the employer for any loss or damage suffered by the employer by reason of failure to perform otherwise than in accordance with a cancellation pursuant to clause 9 or arising from any breach of the conditions hereof or any negligent act or omission of the performer in the performance of his obligations hereunder or in the doing of anything related hereto, shall be limited to the amount of the fee to be paid to the performer hereunder or to the performer supplying his services again.
10. I. The employer may cancel this booking by delivery of written notice to the office of the agency no later than twenty-one days before the set date for the performance where upon the employer will forfeit the deposit. The performer will be entitled to his fee as specified therein notwithstanding any purported termination by the employer in any other manner.
10. II. The performer may cancel this booking for any reason whatsoever by delivering a written notice to the employer at the address herein no later than twenty-one days before the performance. The performer may cancel this booking upon less than sixteen days notice for reason of ill health and if requested by the employer, will produce a certificate from a registered medical practitioner certifying that he is unable to perform for reason of ill health. In any circumstances where a performer cancels this booking, any deposit will be refunded to the employer in full.
11. Where the fee is to be paid to the performer is in any way related to or connected with the amount of door takings of the function then the employer agrees that the performer, his manager or nominee shall be entitled to station a person or persons at the entrance or entrances and further that all such persons aforesaid shall be given reasonable access to the records of the employer relating to the ticket sales and takings of the function and that no ticket shall be given away or sold at other than the advertised price without the consent of the performer or his agent.
12. Where the performer is a band or group comprising more than one person the term performer when used in this contract will mean the several members of that band or group from time to time and references to the singular shall include the plural. References to the masculine gender shall include the other gender. The term the agency shall mean Stick Mareebo Productions its successors or assigns. The term the employer named on the front of the booking confirmation, his successors or agents.
13. Payment of the deposit (if any) by the employer shall not be a condition precedent to this agreement.
14. All return bookings for this performance must be placed via Stick Mareebo Productions PTY LTD.
Stick Mareebo Productions shall not be liable for the default of the performer in any manner, but will be responsible in finding suitable replacement if such occasion should arise.