The Artist Code

This page provides all the information that is required for an Artist to know about a Performance Booking facilitated by Pushworth. Please stay connected to your Pushworth Booker for all enquiries.

 

Terms

Artist – Live Music Artist (Solo, Duo, Band), DJ, Karaoke Host, MC, Trivia Host, Production or Backline Supplier, Service Provider (Publicist, Social Media Manager etc)

Buyer – someone who purchases one of our services – Hotel, Club, Festival, Retail, Function – Corporate or Private.

Venue – the place where the Artist will provide the service for the Buyer.

The Gig Governing Regulations

  1. For each performance, the Entertainment Buyer provides a specific and clear Brief to Pushworth about the service required: type, format, style and specific of Artist, Music, Performance and Performance Detail.
  2. All Artists are approved by each Buyer after Pushworth submissions in accordance with the Brief provided.
  3. These submissions will include the marketing material as provided by the Artist.
  4. The Buyer exerts no control over the artistic content of an Artist’s performances other than a repertoire style requirement designed specifically to satisfy the audience OR to build an audience culture or unless otherwise agreed eg a specific song for a Wedding or Function.
  5. All performers must maintain a “general audiences” rating for their performance unless specifically agreed. Artists are asked to respect Venue staff, as well as the neighbours surrounding Venue site upon Gig Installation.
  6. All Promoters are issued contracts featuring these Terms. Pushworth is not legally a party to the contract and cannot legally enforce the Buyer’s compliance for these terms. As the other party to the contract, the Artist, however, can.
  7. The Performance Booking is made UNDER these Terms and Conditions which the Promoter agrees to by executing the contract.

Buyer Obligations

    1. The Buyer agrees to obtain all necessary permits and consents from any relevant authority to the conducting of the engagement contracted hereunder and all matters incidental hereto and to comply with all conditions imposed in connection with the granting of any such permits and consents.
    2. Where normal power supplies are not available, the Buyer shall provide a safe, properly supervised generated system operated by qualified persons.
    3. The Buyer shall also indemnify the Artist for any loss, damage or injury arising through any malfunction thereof.
    4. One representative for the Buyer will be the Primary Contact and will be legally responsible for the Authorisation, Payment, Induction, Debrief, Compliance and Feedback for each Artist that is booked for a performance facilitated by Pushworth.
    5. This representative will be referred to as BUYER in these Guidelines.
    6. The Buyer shall be responsible for satisfying the demands of APRA in relation to any royalties, which may be claimed by that body for the music to be used at the Performance’s).
    7. The Buyer agrees to provide its own Public Liability Insurance Cover.
    8. The Buyer agrees to provide a safe and properly supervised stage area at all times.
    9. The Buyer has the right to cancel the performance if the line-up change isn’t to their satisfaction.
    10. The Buyer has the right to cancel or suspend payment for a performance if the Artist has been substituted without the consent of Pushworth.
    11. The Buyer agrees to promote each performance by using the Publicity material provided by Pushworth to publish on their website, local media and In House Posters, Flyers, EDMs.
    12. The Buyer agrees to provide up to date information about the performance area by completing the Pushworth paperwork to ensure that the information supplied to the Artist is current so that they may prepare for the performance.
    13. If a performance facilitated by Pushworth is delayed, interrupted or prevented by reason of an act of nature, fire, flood, war, public disaster, strikes, labour difficulties, governmental enactment, regulation or order, certified illness, or any other cause beyond The Artist’s control, The Artist will not be liable for any loss of revenue or expenses incurred.
    14. The Buyer agrees to adhere to the policies, procedures and safety guidelines as set forth by each Pushworth facilitated performance.

Pushworth Artist Standard

    1. Pitch usUse this Template
    2. Be Assessed at a live Pushworth #musicmeansbusiness event
    3. Maintain Value of your Cover Gig Repertoire
    4. Add four new songs each month at the very least
    5. Provide Song List in Word listed in Artist Order to Pushworth every Quarter
    6. Maintain a high level in Gig Production
    7. Provide Break Music that contrasts and complements sets
    8. Provide Professional Production and Lighting and be able to manage technical challenges
    9. Be OHS Compliant with Public Liability Certificate of Currency $10Million
    10. Tag and Test Lead Certificate – 6 monthly
    11. Be able to produce a SWMS to the Buyer if required.
    12. Ensure that one person acts i9n the capacity of your Artist OHS officer. This person is responsible for site induction and management of safety at all gigs
    13. For all Public Events be focused on marketing
      1. Produce a Digital Poster for every Performance
      2. Tag the Buyer and Pushworth in every Social Media Gig Post
      3. Use the Buyer Hashtags in every Social Media Gig Post
    14. Provide High Resolution Professional Photo to Pushworth. This photo is supplied to the Buyer for use in THEIR event marketing campaigns.
    15. Brand the act professionally – Live Appearance, Stage Backdrops or Banners, Artwork, and Social Media engagement.
    16. Demonstrate Business Competence: Be able to issue ATO compliant Invoices
    17. Have a system to track Invoices and Remittance
    18. Open all emails and read all contracts and ensure you understand all details
    19. Contact us in writing to notify all changes to your account ESPECIALLY your GST Status.

Artist Performance Obligation

    1. One representative for each band will be the Primary Contact and will be legally responsible for the Authorization, Management, Induction, Debrief, Compliance and Feedback for each individual band member and crew that accompanies the band onstage or backstage at every performance facilitated by Pushworth.
    2. The Artist agrees to be responsible for their own authority, employment and services contracts and payments related to their performers and crew.
    3. The Artist agrees that they are Sub Contractors responsible for their own Taxation, Superannuation and Public Liability Insurance.
    4. The Artist agrees that every performer and crew is at least 18 years of age, has read and understand this code of conduct, and is competent to execute this agreement on behalf of the band.
    5. The Artist agrees to obtain all necessary permits and consents from any relevant authority to the conducting of the engagement contracted hereunder and all matters incidental hereto and to comply with all conditions imposed in connection with the granting of any such permits and consents.
    6. The Artist agrees that the line-up marketed to Pushworth is the same line-up that performs at the gig.
    7. Changes in line-up MUST be notified to Pushworth prior to the performance. Pushworth will advise the Venue. The venue has the right to cancel the performance if the line-up change isn’t to their satisfaction.
    8. The Artist acknowledges that they cannot sub contract any Pushworth performance contract to another performer.
    9. Should an Artist not be able to honour a contract they are obligated to contact Pushworth as soon as they know they are unable to do the gig as contracted. Pushworth will then replace the Artist and charge them the full booking fee unless otherwise stated in writing.
    10. The Artist agrees to meet with the Duty Manager 60 MINUTES PRIOR TO START TIME for each Individual Event.
    11. The Artist agrees to produce specific Party Break music to ensure that the atmosphere continues even BEFORE DURING AND AFTER the stage performance.
    12. Other than drummers or keyboard players or guitarists playing pedal boards it is not acceptable for artists to be seated on stools or chairs.
    13. No music stands on stage to hold books to read lyrics. A discreetly placed Music Stand holding an iPAD is acceptable.
    14. The Artist agrees to observe a Dress code in accordance with the rules of the venue and dress like a paid entertainer to be discernible from a patron.
    15. The Artist agrees to indemnify Pushworth for any loss or expense incurred by Pushworth arising out of the cancellation or non-performance of a Performance. In such case, the Artist shall be liable to pay Pushworth the booking fee as specific in the schedule.
    16. The Artist agrees that if offered a gig at a competitor venue, to check first before accepting the gig if there is going to be a conflict of interest.
    17. The Artist agrees to provide Professional Publicity material for Pushworth to publish on their website. This Publicity Material must contain the Song list, High Resolution Professional Publicity Standard Photos, Social Media Links, Sound Cloud Audio Links, You Tube Video Links, References and Equipment lists that are true representations of the Artist.
    18. The Artist agrees to email updated Song list, High Resolution Professional Publicity Standard Photos, Social Media Links, Sound Cloud Audio Links, You Tube Video Links, References and Equipment lists to Pushworth every quarter to ensure the information supplied to Venue/Promoters on behalf of the Artist is current.
    19. The Buyer reserves the right to remove any band, suspend payment for or cancel any/all performances that does not abide by this Code. In this instance of breach, the Artist agrees to pay the full Booking Fee to Pushworth as part of the indemnity.

Gig Paperwork

  1. We will issue you with paperwork for every performance that you confirm.
  2. Paperwork will be sent to the registered email address.
  3. Should you not receive paperwork in 48 hours contact your booker to confirm your email address.
  4. Ensure you notify Pushworth whenever you change your email address.
  5. You will receive the following paperwork:
    • Contract
    • Invoice
    • Remittance
    • Statement
  6. Make sure you open the email and read the document.
  7. It is your responsibility to understand the document.
  8. If there is incorrect information in the document, it is your responsibility to contact your Booker to notify them immediately, so the changes can be made.
  9. If you do not read the document and you execute the Gig as contracted, then you accept liability.
  10. If the GST Status is incorrect in the contract, and you do not advise your booker to revise it, and you execute the gig, we will be unable to change the contract. It is your responsibility to read the contract BEFORE the gig and make sure ALL details are correct. If not, email your booker IMMEDIATELY to organise your GST status to be changed and your contract reissued with the correct GST details.

Official Gig Time

  1. Each Performance will operate on the time set by the Buyer.
  2. Please check with the Duty Manager and synchronize times to ensure you maintain official time.
  3. All Artists and Suppliers will set their time-telling devices to Official Gig Time, as well as clocks at the FOH tables at each stage set to OGT.
  4. Performances begin strictly on time. In any dispute over performance start/end time, we shall defer to OGT.

Performance Times

    1. Performance Times will be noted on each Contract.
    2. In the event of a time change, your Booker will email you the revised times.
    3. Check in with the Duty Manager prior to the Performance Starting time to confirm times, set and break lengths.

Schedule Changes

    1. All artists are expected to be present for all scheduled performances.
    2. The Buyer reserves the right to cancel a performance if:
      1. Performance conditions are deemed unsafe or untenable due to inclement weather
      2. A performer does not show up on time for his or her performance
      3. In the event of a Force Majeure/Act of God (eg. fire, flood, earthquake, destruction of property, labor disputes, etc.)

Upon Arrival At Gig by Artist

  1. Artist meets with Duty Manager
  2. Artist presents Photo ID to confirm identity of Booked Act
  3. Artist does Safety Induction with Duty Manager
  4. Artist is set up and sound checked no later than 30 minutes prior to the start of the performance unless otherwise noted in the Contract.
  5. Artist is briefed by Duty Manager for any of the following:
    1. Promotions for Artist to Do Live on Stage
    2. OHS
    3. Schedule Changes
    4. Announcements to be Made from Stage

Quality Control Policy

  1. It is the duty of the Buyer (or assigned employees and agents) to be present on site to view all performances or service provision.
  2. Should the Buyer wish to terminate the performance due to a perceived default in standard of performance or service provision, they must do so within the first 20 minutes of performance or service provision.
  3. A Client Complaint Report form must be completed and returned to Pushworth within 48 hours. This will be evaluated by the Artist who has the right to defend their performance with a written response.
  4. Both parties are to provide 2 unrelated witnesses to provide evidence to support their claim.
  5. The Pushworth Group has represented the Artist with the material as supplied by them and as such shall not be liable for any cost, losses, damages or other expenses suffered by the Venue or any other third party in respect of such default.

Complaint Policy

  1. It is the duty of the Buyer (or assigned employees and agents) to be present on site to view all performances or service provision.
  2. Should the Buyer wish to make a complaint about a breach by the Artist or Service Provider they need to provide an official Statement about the breach in specific detail – times, damage, breach, costs etc
  3. This statement will be emailed to the Artist who has the right to respond to the complaint.
  4. The Artist statement will be emailed to the Buyer.
  5. The Buyer will make an offer of settlement.
  6. This will be provided to the Artist.
  7. Should the Artist disagree with the offer of settlement, they have the right to seek full settlement under the terms and conditions of the State Legislation.
  8. The role of Pushworth is to provide official Statements to each party and to negotiate an offer to settle between both parties.
  9. However as it is not a party to the contract, it has no legal right to take legal action on behalf of either party.
  10. All action taken will be directly between each party.
  11. Pushworth will provide all the paperwork for the transaction to both parties for their reference.
  12. Both parties are to provide 2 unrelated witnesses to provide evidence to support their claim.
  13. The Pushworth Group is not liable for any cost, losses, damages or other expenses suffered by the Buyer, the Artist or any other third party in respect of a breach or default by either party.

Load in Load Out

    1. Standard Load in is two hours Prior to Performance.
    2. Set Up is 60 minutes Prior to Performance
    3. Sound Check is Line Check Only
    4. Load out is immediately after Performance
    5. Please check with your Performance Contract for specific Installation times.

Expectations

    1. All parties are to treat staff, volunteers, and patrons with respect, and vice-versa.
    2. There is zero tolerance for physical and/or sexual abuse or harassment. Infractions will result in immediate expulsion from the Venue.
    3. Verbal abuse will not be tolerated.
    4. Artists are expected to arrive at their performance on time.
    5. Artists arriving late may have their performance cancelled.
    6. Consumption of illegal drugs onstage and backstage is strictly prohibited.
    7. We encourage artists to drink responsibly.

Gig Cancellations by Artist

    1. Once you accept a Performance Date, paperwork will be issued to you.
    2. Once we issue paperwork, and you cancel, charge MUST be made to cover that cost.
    3. Public Buyers are very clear about advertising for an artist and having that artist perform as promised.
    4. To this end it is important that you only accept gigs that you can actually perform at.
    5. In the event of ongoing cancellations, new submissions for your act may not be considered.
    6. In the event of a last-minute emergency, call ON CALL phone immediately so we can replace you.
    7. You need to provide a written reason for your cancellation as this is forwarded onto the Buyer. If they have advertised you in this gig and incurred costs, they may pass those costs onto you as the defaulting party. We will pass this onto you on their behalf. Therefore, we strongly advise you to ensure that you honour all performance commitments and ensure you manage your gig calendar in a professional manner.
    8. If you ARE cancelling a gig in advance and you call your booker to notify, the gig will NOT be cancelled until you send notice in writing to confirm it. The booker will only cancel your gig out of our system once they receive an email. You will then be sent a Cancellation Notice. Please contact the booker if you do not receive a Cancellation Notice within 7 days of the cancellation. It is your obligation to ensure the performance is cancelled and replaced.
    9. You will be contacted by the booker in the week before the performance to confirm it.
    10. Without notification in writing, the contract remains in force making you, the Artist, liable to deliver the full value of the performance fee.
    11. All cancellations will be charged the full booking fee as the cost of administering this performance date has already been borne by Pushworth.

Public Safety Requirements

    1. The Buyer will provide all necessary hardware/materials to ensure safe and efficient set-up of the Stage and Performance Area.
    2. The Buyer will engage security guards to ensure that no patrons practice unsafe behaviour e.g. climbing onto the stage, dancing on tables, throwing bottles at the stage or unsafe dancing etc.
    3. The Artist agrees to alert Buyer Security to all unsafe behaviour however is not liable to police such behaviour.
    4. The Buyer staff will not permit practices which they deem unsafe.
    5. The Buyer will provide a safe and secure Performance Area for the Artist. In the event of rain, where an Artist is performing outside without adequate protection for equipment and instruments, the Artist will halt the performance immediately to minimize potential risk for the Artist or Audience Members. The Artist will take whatever time is deemed necessary to dry out, repair and recommence a safe performance.
    6. Absolutely no pyrotechnics or flammable liquids are allowed on stage.
    7. There are no open flames or burning allowed on stage.
    8. Buyers reserve the right to intervene at their discretion to halt unsafe practices during your performance.
    9. The Buyer will be responsible for claims made against them for personal injury or property damage.
    10. The Buyer is responsible to arrange for the Duty Manager to meet the Artist 30 MINUTES PRIOR TO START TIME for Site Induction and OHS Brief before every show.
    11. The Artist will provide a PUBLIC LIABILITY INSURANCE CERTIFICATE OF CURRENCY $20 MILLION
    12. The Artist will provide a SAFE WORK METHOD STATEMENT.
    13. The Artist will provide a TAGGED AND TESTED LEADS IN THE PAST SIX MONTHS – a report from an electrician
    14. The Buyer is responsible to take reasonable care to ensure health and safety protocols for band members and audience members and venue staff are adhered to.
    15. The Artist will follow their own SWMS and ensure that all members and all production crew observe the Safe Work Practices and follow all Health and Safety protocols required by the Buyer.
    16. The Artist will ensure that their behaviour towards all Staff at every Performance is conducted within the guidelines of OHS especially in terms of potential sexual harassment policy breaches.

Drugs

The use of illicit drugs on site, or in any Performance Area, Green Room or any area associated with the Performance Area (i.e. out the front of the venue) will not be tolerated and will result in the expulsion from the performance.

Door Deal

Where the fee to be paid to the Artist is in any way related with the amount of door or bar takings of the function at which the Artist is performing, then the Venue agrees that the Artist, his Manager or nominees shall be entitled to station a representative at the entrance’s) or Bar’s) and furthermore that no ticket or drink shall be given away or sold, at other than the advertised price without the consent of the Artist.

Footage of Live Shows

  1. Members of the media or individual artists involved with the production may request permission to photograph or film the Artist performance
  2. The Artist gives consent that a Pushworth authorized or Buyer authorized photographer has the right to take photographs, videotape, or digital recordings of the band at every performance booked by Pushworth and to use these in any and all media, now or hereafter known, and exclusively for the purpose of marketing unless otherwise noted in the Performance Contract.
  3. The Artist further consents that Buyer name and identity may be revealed therein or by descriptive text or commentary.
  4. The Artist does hereby release to PUSHWORTH its agents, and employees all rights to exhibit this work in print and electronic form publicly or privately and to market and sell copies.
  5. The Artist waives any rights, claims, or interest to control the use of the Artist identity or likeness in whatever media used at Performances facilitated by Pushworth where a Pushworth authorized photographer or Media is filming the performance unless otherwise noted in the Performance Contract.
  6. The Artist also understands that PUSHWORTH is not responsible for any expense or liability incurred, as a result of the venue’s participation in this recording, including medical expenses due to any sickness or injury incurred as a result

Dressing Room

    1. The Buyer will provide dressing rooms for the Artist and musicians and all appropriate facilities during the term of the engagement hereunder unless otherwise noted in the Performance Contract.
    2. If this is provided, it should be comfortable, private, well lit, equipped with private facilities, and contain chairs, full-length mirror, hanging rack for clothing and a door which locks.

Gear Access

    1. The Buyer shall provide equipment access to the Performance Area in the Venue for the Artist
    2. The Buyer shall further provide adequate time and access to the Performance Area in the Venue for the Artist to remove his equipment.
    3. The Artist crews must be allowed reasonable access to mains power supply outlets and reasonable access to the venue to remove the equipment after performance.

In House Production

  1. Where any equipment including but not limited to public address systems, lighting, amplifiers, instruments or audio-visual equipment are provided by the Buyer, the same shall be of proper quality and in good working order.
  2. The Artist will follow their Health and Safety protocol and ensure that all usage of equipment provided by the Buyer is done professionally, safely and with respect.
  3. In the event that the equipment provided by the Buyer for use by the Artist is damaged in any way, the Artist will be liable for said damage.

Lost and Stolen Property

  1. The Buyer is not responsible for any items belonging to artists that have been lost or stolen while stored on stage, backstage, side of stage or in a dressing room.
  2. The Artist must follow its own Security Protocol for all items stored on stage, backstage, side of stage or in a dressing room.

Smoking

In accordance with City bylaws, smoking is not permitted onstage or backstage.

Animals

Animals are not permitted onstage or backstage.

Food

  1. No food or beverages are permitted onstage with the exception of bottled water being safely stored beside the performer according to their SWMS.
  2. Drinks may be consumed backstage and disposal of cans and bottles into the provided bin.
  3. Food can only be consumed at the official Green Room (if provided).
  4. If you have specific dietary needs or suffer from allergies, and the Buyer has agreed to provide a meal for you, it is your responsibility to list your approved food in your Hospitality Rider.

Hospitality Rider per Performer

  1. No Alcohol to be provided to Artists unless a Hospitality Rider has been agreed to and signed by the Promoter
  2. All artists are entitled to soft drink or water.

Production

  1. Unless otherwise arranged all acts should provide appropriate PA & lights.
  2. PA should be appropriate to venue capacity & the minimum lights required are 2 x pars 56 or equivalent for solo/duos & 4 x pars 56 or equivalent for bands.
  3. All electrical leads must be tagged & tested every 6 months.
  4. Smoke/Haze machines are not permitted to be used in the venue.
  5. Make sure you test all your leads and equipment in between your shows to ensure they are in working order.
  6. Always take spare batteries, leads and a tool kit with you to ensure you can fix anything that comes your way at every gig.

Payments to Artists – Buyer Pays Pushworth on Behalf

  1. If the payment will be made to Pushworth on your behalf, email your Tax Invoicenoting the Nett Amount shown on the Contract
  2. Any Booking Fees owing will be deducted automatically from the Performance Fee and the NETT will be disbursed to you via Direct Deposit to the bank account that you provided at Registration.

Payments to Artists – Buyer Pays You Directly

  1. If the payment will be made directly to YOU from the Promoter to be collected directly after your performance, you will need to present or email your Tax Invoice for the gross amount shown on the Contract, to the Promoter. Pushworth will issue you with a Booking Fee Invoice in the following Business Week.
  2. Pay your booking fee within seven days and email your remittance
  3. If you do not pay your booking fee within 7 days, it will be automatically be deducted from your next Disbursement of a Gig Paid Via Pushworth.
  4. If you do not pay your booking fee within 30 days, and there is no future gig with Pushworth, you will be issued with a Notice to Remedy Breach.

Accounts Receivable Protocol

  1. Invoices are issued and emailed to each individual Buyer every Sunday/Monday POST the entertainment weekend. (Tuesday in the event of a public holiday)
  2. Every Buyer is requested to pay invoices within seven days of issue. Those are the terms of the service that Pushworth provide.
  3. Coles Liquorland and Rockpool Dining Group have requested a 14-day Payment Policy. Your booker will alert you to the typical payment cycle for these Buyers and you will have the choice of whether you agree or not.
  4. Pushworth is not a party to the contract and cannot legally enforce these Payment Terms.
  5. A Collections Report is then emailed to Head Office every Tuesday with weekly follow up communication until payment is made in full.
  6. Once payment in full is received by us we will process the Remittance, allocate to the Invoice. Our system automatically a Net Split on each Artist’s ledger once the Buyer has paid the Invoice in Full.
  7. Once your correct Tax Invoice is received by us it will be allocated to your Net Split ledger.
  8. The BSB and Account Number provided by you in your Registration will be Direct Deposited within 72 business hours of us receiving Payments in Full and Correct Remittances and Tax Invoices.
  9. If you change your GST Registration Status and you do not tell us, contracts will continue to issue in your Registered GST Status. It is up to you to officially notify us of this change. We cannot process your invoice if it doesn’t match your contract.
  10. If you change your BSB and Bank Account Details and you do not tell us, payment will continue to be made to that registered bank account. It is up to you to officially notify us of this change. We are not liable for any payments made to the old bank account that are not returned to us by the participating banking institution.

Contract Payment Method Protocol

  1. If a Buyer offers to pay you directly when your Performance is contracted as a Via Payment Method, you are obligated to maintain the terms and conditions of that contract.
  2. If you change the Payment Method of your Performance Contract you will be issued with a Notice to Remedy Breach.
  3. If you change the Payment Method of your Performance Contract you will be charged an additional Administration Fee to cover the costs for us to readminister this contract.
  4. It costs time and money to re administer your Contracts, so all Administration costs will be passed onto you.

Gig Feedback

  1. Gig Feedback emails are sent to every Buyer on the Monday after the Performance.
  2. We will share all feedback from Buyers to Artists.
  3. Develop a strategy to integrate Gig Feedback into your Music Business.
  4. Remember its not personal, it is business.
  5. If a Buyer provides a brief, and you as the Artist do not meet the brief guidelines, and feedback is provided, and you continue to ignore the brief guidelines, the booker reserves the right to move you out of existing Buyer programs.
  6. If a Buyer provides feedback that your vocals are not meeting their standard, we will recommend that you seek professional vocal lessons to bring your act up to standard.
  7. If a Buyer provides feedback that your sound is not meeting their standard, we will review your production set up with you to establish the cause of the sound issue in order to address.
  8. If a Buyer provides feedback that your song list does not meet the brief, we will discuss with you to see if you can upgrade your song list. If not, we will have to replace the gig should the Buyer so request it.

 

Pushworth Booking Fee

 

  1. Some of the Buyers that we work with engage us for a variety of services: Event Management, Talent Recruitment, Marketing, Social Media Management, Entertainment Programming or Event Consultancy. In these instances, you will be quoted a Net Fee for your performance as the fee payable to Pushworth is not based on the Live Entertainment Program.
  2. If a booking fee is noted in your contract, it is payable to Pushworth and shall not be deducted by the Buyer from the performance payment.
  3. This fee will not be affected by any default on behalf of the Buyer or the Artist.
  4. The Artist shall indemnify Pushworth for any loss or expense incurred by Pushworth arising out of the cancellation or non-performance of a Performance. In such case, the Artist shall be liable to pay Pushworth the booking fee as specified in the schedule

Dealing Directly with the Buyer

  1. The Buyer has engaged the services of Pushworth to propose and provide a suitable Artist for an event and Pushworth has in response introduced the Artist to provide services as specified in the contract and the Buyer will not engage the services of the Artist directly or via another source without using the services of Pushworth and paying the Booking Fee.
  2. Pushworth shall be entitled to a Booking Fee of $50.00 + GST per performance for the whole of the time that the Artist is booked by that Buyer or gigging with that Buyer to a maximum period of 12 Months
  3. Upon the termination of this agreement and in the event that the Artist continues to provide services for the Buyer, then Pushworth shall be entitled to retain an amount of money equivalent to 12 Months Booking Fee from monies held on behalf of the Artist as security.
  4. The Artist acknowledges that Pushworth has been engaged by the Buyer to introduce and provide Artists and in return for which the Artist shall pay Pushworth an Introduction Fee for every performance by that Buyer or at that Venue for a period of 12 Months from the date of the last performance in the Venue and or for that Buyer for such lesser time as the Artist is engaged.
  5. In the event of a Buyer moving from one Venue to another, that person is under obligation to the Pushworth Booking Protocol and cannot engage the services of any Artist introduced to him without contacting and booking the Artist through Pushworth.
  6. Venues owned by the same company are bound by this Booking Protocol and cannot engage the services of any Artist without contacting and booking them through Pushworth.
  7. Change of act name does not alter this obligation.
  8. A Notice to Remedy Breach will be issued to the Artist in the event that they deal directly with the Buyer and Venue.
  9. In this event, all future bookings will be terminated by Pushworth to the Artist until they remedy the breach.

Termination 

In the event that a Termination Notice is provided to Pushworth by the Artist, the following process will be occur:

 The Artist will provide 30 days written notice to Pushworth that they no longer wish to receive bookings by Pushworth.

  1. Upon receipt on this notice, Pushworth will cancel all bookings in the system from 30 days.
  2. After 30 days, Pushworth will remove the Artist Listing from the company website
  3. After 30 days, Pushworth will remove the Artist from all Buyer submissions
  4. After 30 days, Pushworth will identify the Artist as inactive in its Booking System
  5. The Artist will be sent a Gig Report listing all Gigs executed by the Artist with Pushworth.
  6. The Artist agrees that it will not deal directly with any of the Buyers listed on this report for the next 12 months.
  7. The Artist understands that the Dealing Direct with the Buyer Clause is initiated upon Termination Notice.

Notice to Remedy Breach

The Artist will be issued with a Notice to Remedy Breach in the event of:

  1. Changing the Contract Payment Terms directly with the Promoter and collecting payment directly.
  2. Non-payment of Pushworth Booking Fee within 30 days
  3. Booking directly with the Venue
  4. Substituting another Artist for a Pushworth Performance Contract
  5. Failure to remedy the breach within the time frame will result in the termination of all gigs and the commencement of legal action for the recovery of the Pushworth Booking Fee.

Liability

It is agreed that any person signing on behalf of the Artist warrants his authority to do so and accepts personal responsibility and liability for the payment of all monies and the due observance by the Artist of all the above terms and conditions on the part of the Artist. Should such a person no longer have this authority at the time of Performance date, then the Artist accepts responsibility and liability on their behalf as duly authorized at the time of the performance booking.