The Pushworth Group Trading Terms

The Pushworth Groups operates under the terms and conditions of the Private Employment Agents Act 2005 Qld.

License: 4456. Licensee: Nichola Burton

Recitals

 Pushworth facilitates brokers and administers concert bookings on behalf of artists and operates under the Queensland Private Employments Agent Act and as such is not a party to any contract.

  1. YOU engage Pushworth to provide Artist Representation services.
  2. This agreement sets out the terms on which Pushworth will provide this service.

Pushworth Obligations

Under this Agreement, Pushworth warrants to:

  1. Facilitate and broker opportunities for concert dates and activities on your behalf
  2. Provide an emergency ON CALL contact number to the Artist, Management, Tour Administration or National or State Agent however reserves the right to limit access to a reasonable hour.
  3. Pushworth executes this contract as the facilitator of the provision of a Service and is not itself a party to the contract for the provision of services by the Service Supplier to the Venue/Promoter/Event Organiser and accordingly cannot be held liable for any default by either of these parties vis a vis each other.
  4. Transaction and Account Details are private and will only be communicated with the Authorised Contact. You agree to request communication with a third party in writing before we release your private details accordingly.
  5. The Pushworth Group reserves the right to vary its Trading Terms and will notify all changes in writing.
  6. Pushworth reserves the right to refuse to provide service without assigning explanation.

Artist Obligations

Under this Agreement, YOU warrant that:

  1. You have full power and authority to offer, sell, and honor all concert dates that you request Pushworth to service.
  2. You value and honor the Pushworth Representation service and as such will not organize concert dates directly or via another source without paying 10% to Pushworth if Pushworth booked the gig in the previous 12 months.
  3. You guarantee that you are fit and proper for a safe and lawful conduct of all transactions.
  4. You agree to provide Pushworth with the latest publicity for the concert date/tour and agree that Pushworth can obtain this material directly from the Label or other sources should you be unable to do so.
  5. You agree to be responsible for providing a copy of the necessary Public Liability Certificate of Currency as requested by Pushworth.
  6. You agree that you are obligated to provide Daily and Tour Reconciliation detail from the Tour Manager to confirm all box office and contract payment methods for each performance date to facilitate the Pushworth reconciliation process. You agree that Pushworth can obtain this information directly from the Tour Manager should you be unable to do so.
  7. You agree to provide Pushworth with an emergency contact phone number and email address for a band member so that Pushworth can contact them on the road when unable to contact Management, Tour Administration or National or State Agent.
  8. You agree that all Pushworth registrations are subject to a credit check and you authorise Pushworth to obtain personal and commercial credit information from credit reporting agencies about you and/or your company and its officers in order to process this application.
  9. You guarantee that all promotional material provided does not infringe the Intellectual Property Rights or rights in respect of confidential information of any other person or entity.
  10. You are duly authorised and have full power to commission Pushworth to set up ticketing for a concert and to be the Event Ticketing Manager should you charge Pushworth with the delivery of a Ticketing Service.
  11. You guarantee that where Pushworth has been commissioned to set up ticketing for a concert, it cannot be liable for any expense, loss or liability (including legal fees) in respect of any claims, or threatened claims, relating to the tickets, Events, Event Content or information offered in the Pushworth event listings or allocated ticketing company event listings.
  12. You agree to indemnify Pushworth and the allocated ticketing company against any expense, loss or liability (including legal fees) in respect of any claims, or threatened claims, relating to the Tickets, Events, Event Content or information offered in the Pushworth event listings or allocated ticketing company event listings.
  13. You accept all responsibility for the protection and confidentiality of all Concert documents (proposals, contracts, money sheets, worksheets, reports and reconciliations) that Pushworth provide you in service. You agree to notify Pushworth within 24 hours of any breach of this protection and confidentiality.
  14. Pushworth reserves the right to obtain a satisfactory criminal record check for any Artist in recognition of the public risks involved in the event that it be deemed necessary.
  15. When you register with Pushworth, you agree that we retain your personal information in a secure location to enable us to provide you with the service. At no time will your personal information be supplied to any third party.
  16. You agree that Pushworth will conduct user surveys to find out how we can create more opportunities to work together. We may share non-personal information about our users with partners or other third parties. But we will not sell personal information to, or share any personal information with, an unrelated party without your consent.
  17. You agree that Pushworth reserves the right to disclose to sponsors, advertisers and potential sponsors, and to others it sees fit, demographic information about its database, providing that this information does not in any way disclose the identity of any individual.
  18. You give Pushworth permission to include your company name in our list of Artists, link to your website and services and add you to our database for all regular Administration and Publicity updates. You give us your permission to any offers of sponsorship and affiliate opportunities.
  19. You agree you are independent contractors. Pushworth shall not provide any legal, accounting, or professional advice. You are not an employee, partner, shareholder, or director of Pushworth.
  20. You agree to pay all Pushworth Invoices within seven days of receipt.
  21. You agree to provide all Tour Riders and Marketing Assets as requested.
  22. You agree that you are obligated to contact Pushworth and send written cancellation notice for ALL changes to concert dates and Artist activities.
  23. You agree that you are responsible to pay the administration charge for the reissue of paperwork due to changes that you have made to your concert dates.
  24. You will indemnify PUSHWORTH and hold PUSHWORTH INDEMNIFIED against any claim made against PUSHWORTH arising out of a concert date authorised by you.
  25. You accept Personal Responsibility and Liability for the Payment of All Monies Payable to Pushworth for Services Rendered.
  26. You guarantee that you understand the Pushworth trading terms.
  27. You guarantee that you will uphold the Pushworth Artist Code of Conduct

Fee Policy

The Pushworth Fee Invoice is payable to Pushworth without written authority and will not be affected by any stakeholder default.

YOU indemnify Pushworth for any loss or expense incurred by Pushworth arising out of the cancellation or non-performance of a Performance. The Pushworth Group will charge fees as per below:

TypePercentage or Base Booking Fee
Artist Representation10% or $200.00 + GST Whichever is the greater
  1. The Pushworth Fee Policy may be amended from time to time.
  2. All invoices are payable in Australian Dollars unless otherwise stated in the Contract.

Payment of Funds

In the event that PUSHWORTH collects a payment directly from the Promoter for a concert date, it will keep these funds in trust until the completion of the tour.  Upon approval from Promoter and Tour Administration of reconciled box office and concert payments, Pushworth will, upon your consent at the authorisation of the Tour Proposal:

  1. Direct Deposit 100% of the Concert Date funds to nominated bank account upon receipt of correct Tax Invoice from the Tour Administration. You guarantee that all Pushworth Invoices will be paid within seven days of this deposit
  2. Deduct all outstanding Pushworth invoices from the Concert Date funds and pay the remainder funds to nominated bank account upon receipt of correct Tax Invoice from the Tour Administration.
  3. Deduct all outstanding Pushworth invoices and YOUR OTHER AGENT fee Invoices from the Concert Date funds and pay the remainder funds to nominated bank account upon receipt of correct Tax Invoice from the Tour Administration and pay YOUR OTHER AGENT FEE funds to nominated bank account upon receipt of correct Tax Invoice from you.

Payment Terms

  1. Payment shall be made within the agreed terms or a late fee of 20% per month (compoundable daily) will be attracted to any outstanding amounts owed as from date of performance and which will be debited to your account.
  2. You Agree to deposit all funds into Bank Account in the name of The Pushworth Group BSB 014275 Account Number 399852204.
  3. Credit facilities may only continue if payment is maintained in accordance with agreed trading terms. In the event of legal action eventuating, all administrative, collection and legal fees incurred by The Pushworth Group during the process of action in recovery of the unpaid amount shall be borne by the Client in default. Fees include any costs and fees payable to any recovery or commercial agent and all other expenses incurred by The Pushworth Group in the recovery of the amount due. Inability to pay within trading terms requires a Deferred Payment Application. PUSHWORTH accepts no responsibility for any variables outside their control and will be unable to pay invoice until payment is received in full from the Promoter.
  4. Once received, cleared and processed, and the correct Tax Invoice is received and allocated, payments will be direct deposited.

Confidentiality

All forms of commercially valuable information provided in all communications between both parties is kept in confidence and not disclosed unless it appears in the public domain. All stakeholders for both parties agree to comply with this clause.

Warranty

Both parties have the benefit of a warranty, expressed or implied, issued in relation to, or applicable to the services supplied that the services will be rendered with due care and skill and that the services will be reasonably fit for the purpose desired or are of such a nature and quality as may reasonably be expected to achieve the result. Both parties value the service provided by the other and make best efforts to provide this service in integrity. However neither Party can make representation that operation either of offices or websites will be uninterrupted or error-free, nor will neither party be held liable for any interruptions or errors or their consequences.

Liability

  1. Pushworth is not a party to the contract and as such shall not accept liability for the contractual default of any party.
  2. Pushworth is not a party to the contract and as such shall not accept liability for ticketing cancellation charges in the event of a Promoter, Tour Administration, Artist, and Artist Management, National or State Agent default on a concert date.
  3. Pushworth is not a party to the contract and as such shall not accept liability for the default of any party which may cause loss or cost or damage to an enterprise of any stakeholder associated with the concert date.
  4. Neither Party shall accept liability for any losses suffered or incurred by any act or omission of the other Party, its stakeholders, employees or officers.

Disputes

This agreement is lodged in Queensland and as such is governed by this state’s laws. All disputes will be mediated by the Queensland Magistrates Court Mediation and Dispute Service. Should mediation fail to resolve the dispute within a 30 day period, the Parties shall be free to pursue other dispute resolution avenues.

General

  1. This Agreement is governed by the laws of the State of Queensland, Australia and each Party submits to the exclusive jurisdiction of the courts of that state. This Agreement may not be assigned by YOU without the express written permission of PUSHWORTH.
  2. Variations or changes to this authority are to be done in writing by mutual consent by both parties.
  3. There is no relationship of agency, partnership or employer and employee between Pushworth and Artist.
  4. This agreement is in place to protect all stakeholders within our network. Should there be any violation of these terms and conditions of business we reserve the right to suspend or cancel any account with no payment being made to such account.

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