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Music NT Festival 2009

Letter of Agreement / Artist Performance

BETWEEN

MUSIC NT INC (ABN 34 792 015 203) of 12 Smith St, Darwin, Northern Territory of Australia 0800
(hereinafter called the Presenter) of the one part

AND

XXXXXXXXX for and on behalf XXXXXXXX of XXXXXXXXXXXXXXX ,


(m) XXXXXXXXXXX(herein after called ‘the Artist’) of the other part.

Any agent, company or promoter acting for, or on behalf of, the Artist, if applicable, as detailed in
Schedule 1, will be responsible for all obligations of the Artist under this Agreement.

IT IS HEREBY AGREED

The Presenter will host the Music NT Festival (and event included therein), (hereinafter known as ‘the
Event’). Music NT engages the Artist, and the Artist agrees, to perform the performance at the venue
on the terms and conditions contained in this Agreement and in the Schedule annexed to this
Agreement.

1. Artist’s obligation
1.1 Production Requirements
The Artist agrees to provide Music NT with a
(a) comprehensive written specification detailing the technical requirements of the Artist
no later than 3 weeks prior to their performance
(b) list of band members for the performance at the event no later than 3 weeks prior to
their performance

1.2 Promotional Requirements


The artist agrees to provide the following to the Presenter in order to adequately promote the artist
performance at the Event
(a) a current biography; Current photographs of the artist; and CD’s/DVD’s as negotiated.
(b) include the Music NT logo (as sent to you separately) in all marketing and publicity
material generated by the Artist in relation to the Event
(c) it is further agreed the artist will wherever possible promote the Event to the best of
their capabilities.

1.3 Insurance Requirements


Public liability insurance for the Artist in relation to the Performance will be provided by Music NT. The
Artist must not do, or allow anything to be done, during the performance which may place at risk
Music NT's right to claim or seek indemnity under any insurance policy or cause any premium on any
such insurance policy to be increased. The Artist must pay to Music NT on demand the amount of any
such premium increase and ensure that any additional terms and conditions imposed upon Music NT
as a result of the artist's activities are complied with in full and at the expense of the Artist.

1.4 Substance Misuse


It is agreed that the Presenter can cancel a performance by the artist if it is deemed the artist is unfit
to perform due to undue consumption of alcohol or any other elicit drugs. Should the artists’
performance be cancelled on these grounds, the artist will NOT receive the agreed performance fee.

2. Indemnity
The Artist hereby releases and indemnifies Music NT, its officers, employees and agents from and
against all actions, claims, proceedings and demands whatsoever, which may be made or brought by
any person, body or authority against it or them or any of them in respect of any loss, injury or
damage including death to any person or property and consequential loss arising out of the
performance of this Agreement, unless such loss, injury or damage is due to any negligent act or
omission of Music NT

3. Music NT’s obligation


Music NT will:
(a) pay to the Artist the Performance Fee. The Performance Fee constitutes the entire
payment to the Artist including preparation costs, daily allowances, rehearsals,
performances and press calls take all reasonable steps to ensure that no
unauthorised recording or broadcasting of the Artist's Performance takes place;
(b) be responsible for the preparation and publication of all promotional brochures,
publicity handouts and advertising.

4. Mutual Agreements
The Presenter and the Artist agree that:
(a) the payment of the Performance Fee to the Artist grants The Presenter the following
broadcast rights: the filming or televising of any rehearsal or Performance with no
more than three minutes of such film or televised material to be used as part of a film
or television documentary, or for archival purposes, or for the promotion of the arts
(including The Presenter) in Australia; and
(b) the photographing of any rehearsal or Performance, with such images to be used for
the purposes of promotion of the arts (including the Presenter) in Australia, or for
archival purposes; all other broadcast rights in respect of Performances shall be
negotiated separately between The Presenter and the Artist.

5. Termination
(a) subject to Clause 5(c) below, if the Artist commits a breach of this Agreement and
that breach cannot be rectified within seven days of the Artist being notified by The
Festival to do so, then The Festival is entitled to terminate this Agreement and the
Artist shall not be entitled to any portion of the Performance Fee in respect of any
period after that termination;
(b) if the Artist is unable to undertake or complete any Performance whether through
illness or any cause within the Artist's control, The Festival may at its option and in
respect of each Performance:

(i) reschedule that Performance if possible and continue to pay the Performance
Fee for that Performance;
(ii) or if the Performance cannot be re-scheduled, cancel that Performance
entirely and no portion of the Performance Fee will be payable in respect of
that Performance; or
(c) terminate this Agreement, with payment of only that portion of the
Performance Fee as relates to the Performance that has been carried out by
the Artist;

6. Taxation
It is agreed that the artist is responsible for all payments receivable by performers and other members
of the touring party, and that all wages and salary on-costs associated herewith, including any lawful
requirement to pay taxes to the Australian Taxation Office as a result of the performance of work for
fees paid pursuant to this Agreement, shall be paid by the artist.

No claim for additional fees, superannuation contributions or any other payments whatsoever shall be
made by the Presenter.

7. Nature of Agreement
It is hereby expressly agreed and declared that the relationship between the parties hereto is not that
of employer – employee and accordingly, the artist shall bear all expenses incurred by the artist not
covered by this agreement during the period of this agreement.

In witness hereof the parties agree to enter into this Agreement.

Signed for and on behalf of

THE ARTIST

Signature ____________________________ Witness__________________________


Name ____________________________ Name ___________________________
Title _____________________
Date _____________________

Signed for and on behalf of MUSIC NT INC


Signature ____________________________ Witness__________________________
Name ____________________________ Name ___________________________
Title _________________
Date _________________

SCHEDULE 1

Item 1 ARTIST
Contracting Party: XXXXXXX Contact: XXXXXXXX
Performer(s): XXXXXXXXXXXX
Address: XXXXXXXXXXXXXX
Phone number: XXXXXXXXXXX Fax number: nil
E-mail address: XXXXXXXXXXXXXX ABN: GST Registered: Yes / No

Item 2 PERFORMANCE
The Artist is engaged to perform 1 x performance on August 16th 6.30pm – 7.30pm.
NB: Times may be subject to change in line with Darwin Festival performances.
Sound check time (TBC) please check with XXXXXXXXXXXXXXX of the Darwin Festival.

Item 3 VENUE
Darwin Festival 2009 - Festival Park, Civic Park Darwin.

Item 4 COMPLIMENTARY TICKETS


The Artist will be granted 1 complimentary ticket per Performer for the day of their performance, and
for the duration of the Festival event. 16th August 2009

Item 5 MERCHANDISING
The Artist will be permitted to sell their own merchandise on the day of their performance.

Item 6 PROMOTIONS
Music NT seeks the artists’ active involvement in promotion of the performance.

Item 7 PERFORMANCE FEES


Guaranteed Fee AUD $XXXXX (GST inclusive), based on $125 per performer.

Item 9 PAYMENT ARRANGEMENTS


Please provide tax invoice (incl. ABN) to Music NT Inc, GPO Box 4016, Darwin NT 0801.
Please advise if you are registered for GST.
Invoices will be processed within 14 days of receiving appropriate invoice.

Payable to: Music NT Inc.


Address: GPO Box 4016, Darwin NT 0801.