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Performance Agreement  ...

Definitions:

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.

Deposits

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.

Event Promotion

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 otherwise.

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 that ...

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.
4) 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 injury.
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 reasonable control.

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.

All information at this website is (c) copyright 2014 Heaven On Earth CDs.
All rights reserved including the right to update any and all content without prior notice.

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