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Terms of Use & Privacy Policy
I am a page full of legal jargon here to help protect you. Terms of Use and Privacy Policy clauses define the conditions which one must accept in order to use your website. Once your site user reads this page, he or she automatically agrees to the policies laid out therein. If your user does not agree with thesem policies, he should not use your site.
Code Of Ethics.
The following is the AEAA Code of Ethics for Australian Agencies.
1. BPM Entertainment will conduct business in a reputable and ethical manner.
2. The recommended commission rate for members is 15% of the gross fee.
3. BPM Entertainment will advise the artist(s) of all commissions and/or service fees payable and each agent involved.
4. BPM Entertainment will never recommend to a client/employer an act the agent knows will be unsuitable for the client/employer's particular function or event.
5. In the event of a repeat booking within 13 months, subsequent bookings must follow the same booking procedures of the original booking, through the original agent. If two or more agents are involved in the original booking, the same procedure must follow for all bookings within this 13 month period.
6. BPM Entertainment will adhere to all standard clauses as defined in any of the agreements between the agency and the artist(s) and the agency and the client/employer.
7. In the event of a client/employer withholding payment due to an artist(s), the agent will make every effort to assist the artist(s) in recovering from the client/employer, all monies outstanding to that artist(s).
Performers' Guidelines
The following guidelines have been produced by the AEAA following consultation with performers.
1. Alcohol at jobs
A professional, sober and drug free manner is strictly required at all performances.
2. Band breaks and set lengths.
A performer’s break must be no longer than half the length of the previous set, unless otherwise specified by the Venue or Agent. This does not apply to the final set of the night as the final break will be after finishing time. Set up times as specified by the agent or venue should be strictly observed. In the case of a function band, times should be co ordinated with the caterer and the client.
3. Break music.
All musicians/performers must supply pre-recorded music in the breaks between sets.(if they supply the P.A. system)
4. Equipment required
Unless specified you are to supply your own transport and equipment including lighting .
5. Commissions
5A. The recommended commission rate for members is 15% of the gross fee.
5B. If an entertainer withdraws from a previously contracted engagement, the act must compensate the agent to the extent of the full commission.
6. Food and Drink allowances.
As regards to accommodation and meals and drinks only that which has been specifically arranged by the agency will be provided.
7.Termination of contract between Performer and Agent
Termination of contract with the agent must be made in writing. A performer cannot return to any venue within a 13 month waiting period unless an agency commission is paid. The 13 month period begins from (1) the date the Agency receives a letter from the Performer terminating the services of the Agency to represent the Performer or (2) from the last time the act performed in the venue, which ever is the most recent.
8. Group or band leader
The group’s leader is responsible for notifying all band members of the terms and conditions of the contract that exists with the agent.
9. Attendance to private functions
Only performers or crew members can attend private functions unless agreed to by the client.
10. Dress code
Please observe the rules of the venue in regards to dress standards, behaviour, licensing laws and the volume as outlined by the agency.
11. Return bookings
Return bookingsor inquiries to be directed back through agency. All booking inquiries received directly or indirectly, as a result of an agency booking or inquiry (including of course all repeat bookings) are to be directed back through the agency even if you know you are not available. eg Direct bookings are any bookings referred or taken at the venue. This includes repeat bookings from the venue and includes private bookings such as weddings and parties. Indirect bookings are any bookings that result from the original booking made by the agent. This includes bookings for other Venues or private functions referred from the original booking.
12. Taxation, superannuation and all revelant insurances are not the responsibility of the agent. The agency as an agent on your behalf and as such the sole legal relationship created by this agreement between agent and yourself is that of principal and independent contractor and not that of employer and employee. Taxation, and adequate insurance policies(including workers compensation), and superannuation either for yourself or your employees are your responsibility. Your fee covers holiday pay, meal and travel allowances for the metro area.
13. Agency Liability
The agency is not responsible for any damages, loss or expenses that the performer may incur.
14. Line up changes
The agent must be notified immediately of any line up changes. The agent must be notified of any line up changes whether temporary or permanent prior to any performance.
15. Business cards
All performers are to carry the booking agent's cards at all performances and are to pass these cards out when contact details are requested. The performers must not hand out their personal contact details (on business cards, CD's or any other promotional material) at bookings made by an agency. It is advisable to write the acts name on the back of the agents card as a reference for the agent.
16. Promotional material
Performers to supply agent with suitable promotional material eg biography, audio demo, photographs and posters.
Venue Guidelines
The following guidelines have been produced by AEAA following consultation with Australian venue operators.
1. Water or soft drinks should be available free of charge during contracted periods.
2. All future bookings, within a thirteenth month period of the last booking must to be booked through the agent who booked the act for this last booking.
3.Unless arranged otherwise with the Agency the Performer is to be paid immediately after the performance.
4. The Employer acknowledges that the Agency does not act as a principal but is the duly authorised agent of the Performer. The Agency shall not be liable for any compensation, damages, costs or any other incidental expenses under this agreement arising out of any breach, default, negligent act or omission of either party arising in any way out of or incidental to this agreement.
5. The Employer will:
a) Provide a proper number of attendants and stewards to ensure the safety of the Performer including sufficient supervision of the venue, maintaining the proper conduct of the audience and the preservation of order and that the Performer is provided with a safe and secure area in which to perform and also to prevent the entry of undesirables. If the Performer in his/her sole discretion considers that the area in which s/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, or for any other reasons whatsoever, s/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 performance shall be solely that of the Performer. If the Employer fails to make the area safe or to make available an alternative safe area, the Performer shall not be obliged to perform but his/her fee shall nevertheless remain payable.
b) Take all reasonable precautions to prevent any person other that the Employer, his representatives, stagehands and other Performers from seeing the Performer before or after the performance if so required by the Performer.
c) Provide proper dressing room facilities if so required by the Performer.
6. 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.
7.Where any public address system, amplifier of instrument is provided by the Employer, the same will be of proper quality and capacity and be in good working order. The Performer shall be notified if a sound engineer is to be provided by the Employer and that sound engineer shall be competent, experienced and act professionally.
8. The Employer will indemnify the Performer against and loss, damage or injury, actual or consequential of whatever kind arising wholly or in part from the default of the Employer in complying with these conditions of from any trespass, negligent act or omission of the Employer, his agents or any person under his supervision, direction or control.
9. The Employer will be responsible for satisfying any demands of the Australasian Performing Rights Association in relation to any royalties that may be claimed by that body for the music to be used at the performance.
10. a) The Employer may cancel this booking by delivery of written notice to the office of the Agency not later than thirty days before the date set for the performance where upon this agreement will be terminated and the Employer will forfeit the first instalment. In the event of the Employer failing to terminate this agreement as set out in this clause, it shall remain in force and affect and the Performer will be entitled to his fee as specified herein notwithstanding any purported termination by the Employer in any other manner.
b) The Performer may terminate this agreement for any reason whatsoever by written notice delivered or sent by pre-paid post to the Employer at his address herein not later than thirty days before the date of the performance herein. The Performer may terminate this agreement upon less than thirty days notice if for any 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 reasons of ill health. In any circumstances where a Performer cancels this booking, any first instalment will be refunded to the Employer.
11. The liability of the Performer to the Employer for any loss or damages suffered by the Employer by any reason of a failure to perform, otherwise than in accordance with a termination pursuant to clause 10(b), arising from any breach of the conditions hereof or any negligent act of omission of the Performer in the performance of his obligations hereunder of 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 on another occasion at a time and on conditions to be agreed between the parties.
12.In the event that the Employer does not pay the first instalment this agreement shall never the less be effective and enforceable.
13. Where the fee 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 entrances at or near the ticket office and further that all such persons shall be given 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 that the advertised price without the consent of the Performer or his agent.
14.The Employer shall ensure that there is no recording and/or taping, photographing or filming of the performance in any way whether for business or private purposes.
15. All broadcasting rights are with the Performer and any live broadcasting require written agreement from the Performer.
16. The Employer will obtain all necessary permits and consents to the conducting of the function and all matters hereto 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 supervision during the engagement.
17. In the event that the Employer does not pay the fee or any part thereof as provided under this agreement, the outstanding amount shall be a debt owing to the Performer and the Agency shall have the right to pursue all avenues of collection on behalf of the Performer. Any such overdue payments shall attract interest at the rate of The Reserve Bank’s Official Cash Rate plus 10% per annum from the due date of payment until payment is made in full.
18. This agreement records the full agreement and understanding between the parties and supersedes any previous agreement or verbal discussion.
19.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. The term “ the Agency” shall mean BPM Entertainment or Total Entertainment Australia or it’s successors or assigns. The term “the Employer” shall mean the Employer named on the first page of the Booking Confirmation, his successors or assigns.
Standard Employment Conditions
The following are Standard Employment Conditions pertaining to the employment of an entertainer in Australia. Members of AEAA are encouraged to adopt them for all performer engagements.
Click Here to Download Standard Conditions
1. The Employer hereby engages the Performer to appear, perform and otherwise comply with the reasonable requests of the Employer with respect to the appearance as specified.
2. This Contract must be signed and returned, together with the first installment, to the Agency at its address unless the Agency requests otherwise.
3. Unless arranged otherwise with the Agency the Performer is to be paid immediately after the performance.
4. The Employer acknowledges that the Agency does not act as a principal but is the duly authorised agent of the Performer. The Agency shall not be liable for any compensation, damages, costs or any other incidental expenses under this agreement arising out of any breach, default, negligent act or omission of either party arising in any way out of or incidental to this agreement.
5. The Employer will:
a) Provide a proper number of attendants and stewards to ensure the safety of the Performer including sufficient supervision of the venue, maintaining the proper conduct of the audience and the preservation of order and that the Performer is provided with a safe and secure area in which to perform and also to prevent the entry of undesirables. If the Performer in his/her sole discretion considers that the area in which s/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, or for any other reasons whatsoever, s/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 performance shall be solely that of the Performer. If the Employer fails to make the area safe or to make available an alternative safe area, the Performer shall not be obliged to perform but his/her fee shall nevertheless remain payable.
b) Take all reasonable precautions to prevent any person other that the Employer, his representatives, stagehands and other Performers from seeing the Performer before or after the performance if so required by the Performer.
c) Provide proper dressing room facilities if so required by the Performer.
6. 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.
7. Where any public address system, amplifier of instrument is provided by the Employer, the same will be of proper quality and capacity and be in good working order. The Performer shall be notified if a sound engineer is to be provided by the Employer and that sound engineer shall be competent, experienced and act professionally.
8. The Employer will indemnify the Performer against and loss, damage or injury, actual or consequential of whatever kind arising wholly or in part from the default of the Employer in complying with these conditions of from any trespass, negligent act or omission of the Employer, his agents or any person under his supervision, direction or control.
9. The Employer will be responsible for satisfying any demands of the Australasian Performing Rights Association in relation to any royalties that may be claimed by that body for the music to be used at the performance.
10. a) The Employer may cancel this booking by delivery of written notice to the office of the Agency not later than thirty days before the date set for the performance where upon this agreement will be terminated and the Employer will forfeit the first installment. In the event of the Employer failing to terminate this agreement as set out in this clause, it shall remain in force and affect and the Performer will be entitled to his fee as specified herein notwithstanding any purported termination by the Employer in any other manner.
b) The Performer may terminate this agreement for any reason whatsoever by written notice delivered or sent by pre-paid post to the Employer at his address herein not later than thirty days before the date of the performance herein. The Performer may terminate this agreement upon less than thirty days notice if for any 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 reasons of ill health. In any circumstances where a Performer cancels this booking, any first installment will be refunded to the Employer.
11. The liability of the Performer to the Employer for any loss or damages suffered by the Employer by any reason of a failure to perform, otherwise than in accordance with a termination pursuant to clause 10(b), arising from any breach of the conditions hereof or any negligent act of omission of the Performer in the performance of his obligations hereunder of 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 on another occasion at a time and on conditions to be agreed between the parties.
12. In the event that the Employer does not pay the first installment this agreement shall never the less be effective and enforceable.
13. Where the fee 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 entrances at or near the ticket office and further that all such persons shall be given 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 that the advertised price without the consent of the Performer or his agent.
14. The Employer shall ensure that there is no recording and/or taping, photographing or filming of the performance in any way whether for business or private purposes.
15. All broadcasting rights are with the Performer and any live broadcasting require written agreement from the Performer.
16. The Employer will obtain all necessary permits and consents to the conducting of the function and all matters hereto 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 supervision during the engagement.
17. In the event that the Employer does not pay the fee or any part thereof as provided under this agreement, the outstanding amount shall be a debt owing to the Performer and the Agency shall have the right to pursue all avenues of collection on behalf of the Performer. Any such overdue payments shall attract interest at the rate of The Reserve Bank’s Official Cash Rate plus 10% per annum from the due date of payment until payment is made in full.
18. This agreement records the full agreement and understanding between the parties and supersedes any previous agreement or verbal discussion.
19. 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. The term “the Agency” shall mean (Insert your agency’s name) it’s successors or assigns. The term “the Employer” shall mean the Employer named on the first page of the Booking Confirmation, his successors or assigns.
20. Any future booking of the performer, by the employer, within 13 months from the date of this performance, must be booked through (Insert your agency’s name).