Terms and Conditions
Please read the terms and conditions carefully. If there is anything stated that you do not understand, please inform Accent Music (the ‘Agent’) before signing this document. When confirming any booking, a contract is to be signed by the ‘Artist’ (act) and the ‘Client’ that acknowledges full understanding of these Terms and Conditions. The contract is a legally binding that Accent Music will enforce. Any breach by either party may result in legal action.
1. Accent Music act as a third party negotiator and issuer of contracts between the Artist and Client for live music services. While there are safeguards in place to protect both parties, the agent does not hold responsibility if either party breaches the contract Terms and Conditions.
2.1. The Artist and Client will be sent a contract to which will require them to accept the Terms and Conditions, as well as confirming the details of the event.
2.2. Bookings are complete when both Artist and Client have signed the contract. A contract must be signed within 48 hours after the issue to confirm the booking.
2.3. When a booking is confirmed, Accent Music will continue acting as the third party up to the date of the event and after that, if necessary.
3.1. Deposits are accepted by bank transfer. A deposit of 40% of the fee (performance fee of the Artist and agency fee combined. Excludes any travel and accommodation expenses) is to be paid and received by Accent Music within 5 working days after the contract is issued. The remaining 60% will be due 7 working days before the event by bank transfer.
If the Client would like to pay the remaining 60% of the fee plus any expenses in cash, the Agent must be informed prior to booking. The cash must be paid to the Artist on the day of the event.
4. Late/failure to pay balance
4.1. Late payment of deposit within 5 working days of issue of the contract will be a termination of the agreement.
4.2. If the Agent has not received total payment 7 days before the event, the Artist has the right to withdraw from the contract. The Client will also be required to pay the full remaining amount regardless if the Artist performs, or not. Failure to do so may result in legal action.
5. Amendments and changes to the booking
5.1. If there are any amendments to the booking (e.g., event reschedule, change of venue, additional performance time) the Agent must be notified immediately. With any significant modifications or alterations that incur a revision in fee will require a new contract to be issued deeming the previous contract void.
5.2. If for any reason the agreed schedule over-runs due to no fault of the Artist, the Artist has the right to finish on the time agreed stated in the contract and be paid the full amount.
5.3. Extended performance times and set time changes must be agreed on by both parties. The Artist is not obligated to adjust the performance times from the written contract. Any extra fees required from the Artist to perform extended times will require payment on the day of the event.
6.1. If the Artist or Client do not fulfil a contract, Accent Music cannot be held responsible. Accent Music endeavour to ensure that this will never be the case to protect both parties. In a situation like this, the agent will review each case independently to ensure a fair settlement is made to avoid any legal action that may be taken by the Client or Artist towards the other.
6.2. Should the Client need to cancel an act they have booked, the Agent must be informed immediately. You may be liable to cancellation costs (excluding travel expenses) depending on the period of notice given. The fees are listed below and will be due within 5 working days of cancellation:
- Cancellation within 48 hours of booking and the event is more than 7 days in the future: No charge
- Cancellation within 48 hours of booking and the event is within 7 days of the event: Full charge
- Cancellation more than 365 days before the event: Nil
- Cancellation more than 121 days before the event: 40% of the fee (reservation fee/deposit)
- Cancellation 91-120 days before the event: 60% of the fee
- Cancellation 61-90 days before the event: 80% of the fee
- Cancellation 60 days or less before the event: 100% of the fee
Cancellation fees may only be waived at the discretion of the Artist and/or Agent.
6.3. Should there be a cancellation from the Artist, Accent Music cannot guarantee a replacement; however, the Agent will endeavour to find and offer a suitable alternative of a similar cost. Any difference in fee from the original act may require a part refund or an additional fee to cover the cost of the new act.
If a suitable replacement Artist is not provided or the Client declines the alternative Artist, the client may cancel the contract and receive any fees back in full amount.
6.4. Artist and Client have the right to terminate the contract in a ‘force majeure event’ with no penalties or obligations to carry out the contract by either party. A ‘force majeure event’ is an unavoidable circumstance out of anyone’s control that includes, but is not limited to war, death, fires, illness, terrorism epidemics, ’acts of God’ (earthquakes, floods, storms or any other natural disaster), accident, national calamity, civil commotion, order of Government or Local Authority having jurisdiction in the matter, changes in law or foreign government policy.
No party including the Agent is to be held responsible for any loss or is obligated to pay any fee for the cancellation of the performance under a force majeure event. The agent should be notified immediately in this scenario.
7. Use of alternative performers (deps)
7.1. If a musician(s) is ill or unable to make an event for personal reasons, the Artist must inform Accent Music immediately and find a replacement that must be of a similar standard as soon as possible. If necessary, the agent will assist finding a replacement, but if the musician(s) unable to perform hinders the performance, or drastically changes the act the Client initially hired, a cancellation may be necessary and might incur charges (See clause 3.2. Cancellations).
7.2. Any significant lineup changes will be subject to the approval of the Client who will have the right cancel the act and cancel the contract that may result in possible charges to the Artist (See clause 3.2. Cancellations).
8. Client responsibilities
8.1. Artists should be provided with a safe and dry area to perform on. When choosing the performance area, careful consideration must be taken to ensure there are power outlets and space for their PA system. A minimum space of 5 x 3 metres is a reference for a 5 piece band to perform on.
8.2. The Client must ensure the venue holds any relevant licences required for the performance of live music.
8.3. Artists must be provided with a hot meal and water/soft drinks if they are at the venue for more than 3 hours.
8.4. Clients must enquire if there are sound limiters in place at the venue and inform the Artist or Agent. Clients must be aware that low sound limits in place may affect the quality of the performance.
8.5. Parking must be provided for the Artist that is located close to the venue so equipment can be loaded in conveniently. The Client must cover any costs for parking.
8.6. Any other expenses that are required for the Artist should be agreed to and paid for by the Client. Expenses may include but are not limited to refreshments, accommodation, rehearsal time and travel costs. The Artist must provide receipts and invoice the Client within 60 days after the event date for which the Client must reimburse within 30 days of receipt of the invoice.
9.1. In the event either party wishes to make a complaint, it should be made to the Agent within 30 days. The Agent will liaise with both parties to try and bring a resolution to the situation. If there is a failure to resolve the issue, then the Artist and Client maybe seek legal advice. The Agent is not accountable for the failure of either party.
9.2. Any dispute made regarding a change to the contract or performance that were agreed by both the Client and Artist, but not discussed with the Agent is to be dealt with directly between the Client and Artist.
10. Clients may not approach the Artist directly from 18 months of the Clients event unless via the Agent. Any knowledge of this type of engagement will result in immediate removal of the Artist from the agency.