Performance Agreement ...
Venue shall mean club, pub, bar, restaurant, hall hotel or
any other place where musical services are required.
Artist shall mean one or more individuals engaged to execute
such musical services on a mutually agreed date.
Agreement shall be deemed to be between venue and artist.
If venue and artist have agreed that a deposit is required,
such deposit will only be returnable under the following
cancellation conditions ...
Either party has the right to cancel engagement 30 days or
more before the actual date of engagement and deposit shall
be returned in full. If venue cancels 14 days prior to date
of engagement, only 50% of deposit shall be returnable. IN
the event that venue cancels within 48 hours of date of
engagement, no part of the deposit shall be returnable. The
above would be overridden in the event that cancellation
occurs due to circumstances beyond the control of venue.
Venue will use their best endeavours to market and promote
forthcoming event/s featuring artist at least 14 days prior
to date of appearance unless either party cancels for
reasons beyond either party's control. In the event that
venue is to distribute promotional material either printed
or electronic in any way related to artist's participation
in venue's event/s, images, copy etc. venue must seek
artist's approval before such material is actually used to
ensure that artist is correctly represented visually and
Fulfilment of engagement
Artist will always use very best endeavours to appear and perform
on date/s as agreed but subject to the following caveat...
No liability will be accepted for any losses or damages in the event
1) Artist cannot perform due to ANY circumstances which are
beyond reasonable control.
2) Inability to perform as agreed which may be due to
failure of one or more pieces of essential equipment.
3) inability to get to venue on time or at
all due to mechanical failure of transport vehicle.
inability to get to venue on time or at all due to traffic
accidents or other delays beyond our control.
5) inability to perform due to illness or
6) inability to perform due to acts of God
7) inability to perform due to bereavement or personal loss
Artist shall be indemnified against any and all
liability for losses or damages that may occur as a result
of any of the above or other circumstances arising which are
shown to be beyond
Venues only remedy against artist's inability to fulfil its
engagement shall be to withhold any fees which would have
become due and payable to artist but only for missed event dates.
Although no guarantee can be made for the following - if
artist is unable to fulfil obligations of engagement due to
any circumstances beyond their control, artist will use best
endeavours to secure alternative entertainment - such
alternative entertainment to be paid equivalent fees as if
artist had executed performance.
Heaven on Earth (either or both
members) is not liable for failure to perform the party's
obligations if such failure is as a result of Acts of God
(including fire, flood, earthquake, storm, hurricane or
other natural disaster), war, invasion, act of foreign
enemies, hostilities (regardless of whether war is
declared), civil war, rebellion, revolution, insurrection,
military or usurped power or confiscation, terrorist
activities, nationalisation, government sanction, blockage,
embargo, labor dispute, strike, lockout or interruption or
failure of electricity or telephone service. If Heaven on
Earth asserts Force Majeure as an excuse for failure to
perform the party's obligation, then the nonperforming party
was timely notified of the likelihood or actual occurrence
of an event described in Force Majeure.
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copyright 2014 Heaven On Earth CDs.
All rights reserved including the right to update any and all content without prior notice.