Thank you for booking L.R. Marsh for your next event! We look forward to making it a success!
Please see below our Booking Terms & Conditions. If you have any questions, please don’t hesitate to contact us.
PAYMENT TERMS
Payment for bookings must be paid within 7 days of receipt of a Tax Invoice, unless otherwise agreed in writing, which will be sent via email to the nominated email address. A late payment fee of 20% of the total invoice amount per annum calculated daily will apply to invoices that remain overdue beyond the due date. If any details within the Tax Invoice require updating or are incorrect, the booking party must notify us immediately in writing so we can amend and reissue the Tax Invoice for prompt payment.
SUPERANNUATION
All bookings are strictly exclusive of Superannuation Contributions, unless otherwise agreed in writing. Under section 12(8) of the Superannuation Guarantee (Administration) Act 1992, performers (including musicians) engaged to perform are deemed employees for Superannuation purposes. Superannuation payments are calculated at a rate of 12% of the performance fee, and must be paid into the nominated fund by the booking party/party responsible for payments. Superannuation payments are calculated on any and all fees relating to labour, such as the Artist performance fee and any additional labour-based work such as sound engineering and equipment loading and set up/pack down. Where an invoice and/or agreement includes itemised fees or charges for expenses that are not labour-based in nature, such as equipment hire or accommodation and travel, in addition to the Artist performance fee, and any other labour-based fees, these expenses are not subject to Superannuation payments. Exclusions to this law include events that are wholly or principally of a private and domestic nature, such as weddings or private events held at a residence, and ticketed events where the Artist receives payment exclusively via a percentage split of tickets and door entry sales.
CANCELLATION OF PERFORMANCE
The performance may only be cancelled by written notice received by the other party no less than 28 days before the performance date at clause 2(b).
Deposit and any incurred travel and accommodation costs are not refundable in the event of cancellation. If any performance is cancelled without proper written notice or the performance is confirmed within the cancellation period specified: the performance stands as confirmed and the full Final Total payable immediately by the Hirer in the event of a cancellation. (The Artist may cancel at any time if unable to perform due to sickness, injury, transport problems, weather conditions or anything beyond their control, and is not liable to repay any amounts paid by the Hirer prior to the Artist cancelling).
PERFORMANCE CONDITIONS
The Engagement: The Artist and personnel will follow all reasonable instructions relating to the proper and lawful conduct of the Hirer’s business. All instructions will be conveyed through the Artist Management to the personnel.
Payment: Payment of the full balance of the Final Total is to be made to the Artist within 7 days of receipt of invoice or upon the conclusion of the performance(s), unless agreed otherwise in writing. In the case of a percentage of door takings, the Hirer is required to provide receipt and sufficient evidence of calculated takings totals. A late payment fee of 20% of the total invoice amount per annum calculated daily will be charged on invoices that remain overdue beyond the due date.
Set Up and Load Out: The Hirer will provide the Artist and personnel with reasonable access to the venue before the performance to load in, set up, do sound checks and load out after the performance. The Hirer will provide secure on site parking for the Artist and personnel, unless otherwise agreed upon within 7 days prior to the first performance.
Staging: The Hirer will provide safe working conditions and ensure all equipment and facilities are in good working order. The Hirer will be in compliance with all statutory requirements (including adequate staging with protection from sun and bad weather) and will obtain all permits, consents and licenses necessary for the performance.
Power supply: The Hirer will provide safe and adequate power supplies operated by competent persons in accordance with all statutory requirements. If any of the Artist’s or the personnel’s instruments or equipment is damaged by malfunction or improper operation of the power supply the Hirer will reimburse any cost incurred to repair or replace the instruments or equipment.
Merchandise: The Artist will have the right to display and sell merchandise during the performance and at least 30 minutes prior to and after the performance, from a mutually agreed position without any payment to the Hirer.
Advertising: The Hirer must obtain written permission from the Artist via email prior to posting any public advertisements or promotional materials directly relating to the Event or the Artist, including social media, unless provided to the Hirer by the Artist for this purpose.
Delay, Interruptions & Finish: If a performance is delayed, interrupted or finishes early as a consequence of any act or omission of the Hirer or due to weather conditions, then the Hirer will still pay the full Final Total. The Artist is not obligated to continue past set finishing time unless they agree.
Artistic Control: The Artist will have control of the artistic content of the performance and the people comprising the Artist’s personnel.
Insurance: The Hirer will provide and maintain the following policies with a reputable onshore insurer:
(a) Public liability insurance (min $10 million) including coverage endorsements for personal injury and property damage
(b) workers compensation insurance
(c) property insurance for the replacement value of any equipment
Indemnity: The Hirer indemnifies the Artist and personnel against all claims, including costs legal and otherwise, by the Hirer and the Hirer’s employees, agents, contractors, patrons, licensees or any other who as a result of the performance/s or cancellation of performance/s suffers any loss or damage of whatsoever nature.
Dispute Resolution: The parties agree that the courts of all States and Territories have exclusive jurisdiction to determine disputes in relation to this agreement. No party will institute legal proceedings unless reasonable steps are first taken to settle any dispute by negotiation. Each party is liable for its own costs in the event of a dispute, except that where the Artist is successful in pursuing or defending a dispute then the Hirer will pay the Artists’ costs on an indemnity basis.
Notices: All notices to be effective will be in writing and sent to the addresses noted on the front page for Hirer and for Artist.
Law: The validity, construction and performance of this Agreement will be governed exclusively by the laws of the State or Territory in which the performance is held.