RISE ACADEMY OF MUSIC AGENCY
ARTIST TERMS & CONDITIONS
By joining our agency, you agree to the following terms and conditions
1.1. These Terms & Conditions are between you, the Artist (“You, “Your, “Artist”, “Talent”) and Rise Academy of Music Agency (ABN: 80 494 033 106)
(“RAOMA”/"Rise Agency" “We”, “Our” and “Us”).
1.2. These Terms & Conditions govern your use of the RAOMA online platform (located at https://www.riseacademyofmusic.com and any social media owned and operated by RAOMA from time to time (“Platform”). The Platform is owned and operated by RAOMA and/or its affiliates.
1.3. By signing up as an Artist on the Platform you are deemed to have read, understood and agreed to these Terms & Conditions. When you agree to a booking via RAOMA you agree to comply with these Terms & Conditions. RAOMA reserves the right to change these Terms & Conditions at any time without notice. Any amendments to these Terms & Conditions will be posted and updated and it is your responsibility to review these each time you accept a booking.
‘RAOMA Gig’ means a gig which is organised by RAOMA under the ‘Rise Academy of Music Agency’ name.
‘Client’ means the person or people hosting the RAOMA Gig.
‘Fee' means the fee payable to the Artist for their participation in the relevant RAOMA Gig Fee as set out in the relevant Worksheet.
‘Artist’ means you as the Artist who performs at a RAOMA Gig.
‘Worksheet means the booking confirmation worksheet form accessible via email confirming all details and instructions for the applicable RAOMA Gig.
3.How RAOMA Works
3.1. RAOMA provides premium, customisable solo, duo to 4 piece entertainment and media services specialising in providing appropriate music and photography for restaurants, bars, festivals, weddings, corporate events, and private functions.
3.2. When signed to our books, the Artist may receive an email from RAOMA with an invite to perform at a RAOMA Gig, the Artist will then have the option to ‘accept’ or ‘decline’ the RAOMA Gig within 24 hours.
4. Booking Terms & Conditions
4.1. Once the Artist accepts a booking for a RAOMA Gig, the Artist is agreeing to undertake the booking in accordance with the terms set out in the applicable Worksheet and subject to the following booking Terms & Conditions.
4.2. The Artist will be paid the Fee upon confirmation of successful completion of the relevant RAOMA Gig.
4.3. In order to be paid the Fee, the Artist shall provide RAOMA with a valid tax invoice by maintaining up to date and accurate information via communication at firstname.lastname@example.org.
4.4 RAOMA has a 10% booking fee from all booked performance fees. All payments are in Australian dollars ($AUD).
4.5. Artist undertakes to do the following in performing at the applicable RAOMA Gig:
a) To co-operate with the owner and venue as reasonably directed;
b) To behave in a professional manner at all times during the RAOMA Gig; and
c) To perform at the RAOMA Gig to the best of their ability.
4.6. The Artist agrees that RAOMA and/or the Client may film, photograph or otherwise capture the Artist’s performance at the RAOMA Gig and that RAOMA may use such footage and/or images for promotional purposes relating to the venue or RAOMA.
4.7. The Artist agrees to adhere to the Schedule and dress code set out in the Worksheet.
4.8. The Artist is responsible for its own transport and accommodation relating to the RAOMA Gig and neither the Client nor RAOMA shall be liable for any costs incurred in connection with the Artist’s transport and/or accommodation unless otherwise agreed in writing.
4.9. The Artist shall liaise with RAOMA in respect of any technical requirements for the RAOMA Gig.
4.10. In the event that the Client cancels the RAOMA Gig, RAOMA will use its reasonable endeavours to secure cancellation fees from the Client, however in the event that RAOMA cannot secure cancellation fees, the Artist agrees that RAOMA will not be liable to the Artist for any costs.
4.11. The Client or RAOMA shall have the right to cancel or suspend the RAOMA Gig at any time if an ‘Act of God’ (for example extreme weather) endangers the life or safety of the Artist or renders it logistically impossible for the Artist to perform.
4.12. If a RAOMA Gig booking is cancelled for any reason by the Client or RAOMA, the Artist agrees that the Client and RAOMA shall not be liable whatsoever to the Artist for any “Loss” suffered by the Artist by reason of the cancellation or in respect of this Agreement. “Loss” shall mean any loss (including without limitation the expenses already incurred or to be paid by the Artist, loss of profits and anticipated earnings), liability, cost or expense (including without limitation legal expenses on a full indemnity basis).
4.13. The Artist is solely responsible for its own taxation obligations and RAOMA and the Client are hereby released from all such obligations by the Artist.
4.14. If the Artist does not fulfil its obligations under these Terms & Conditions, it shall not be entitled to receive the applicable Fees and it acknowledges that it may be liable to the Client and/or RAOMA for loss or damage suffered as a result of such breach.
4.15. In Australia, GST shall be payable in addition to any amounts payable hereunder on the provision of a valid tax invoice requesting such payment.
4.16. RAOMA reserves the right to change certain details of any RAOMA Gig (including set times, venue etc) at any time prior to the RAOMA Gig and shall notify the Artist of same as soon as practicably possible.
4.17. The Artist indemnifies the Client and RAOMA from and against any Loss incurred by the Client arising from the Artist’s breach of any part of this Agreement and any Loss incurred by the Client and/or RAOMA arising from any act or omission of the Artist.
4.18. Each party warrants that they have the right and power to enter into and fully perform their obligations under this Agreement.
4.19. The Artist is an independent contractor and nothing herein shall be construed as constituting an employer/employee relationship, a partnership or a joint venture between the parties.
4.20. A one-time $20.00 fee is required to join our books. Registering with RAOMA does not guarantee a gig but we do our best to provide opportunities for our talent wherever possible. Once an invitation has been sent to selected talent, the talent have the opportunity to accept or decline the gig. We negotiate the best fees for our talent upfront and work within the budget of our client. Due to this, fees for each performance are non-negotiable.
5.1. RAOMA is committed to protecting its Artist’s privacy and will not use any information which it collects in connection with the Platform other than as disclosed at the time of collection.
5.2. RAOMA may share Artist information with marketers or advertisers in the aggregate without making reference to or identifying individual Users or their contact information.
5.3. RAOMA will use its best efforts to ensure that any personal information collected will not be disclosed to third parties unless RAOMA is required to do so by law or other regulation.
5.4. You agree that information you have provided is correct and accurate. While RAOMA will use its best efforts to ensure that this information will not be disclosed to any third party other than in accordance with these Terms & Conditions, you agree that RAOMA shall not be held liable for the consequences of any security breach of its database that may result in your information being compromised, beyond the reasonable control of RAOMA.
6.1. You warrant that:
Without expectation of compensation or other remuneration, now or in the future, I hereby give my consent to Rise Agency, its affiliates, employees and agents, to use my image and likeness and/or any interview statements from me in its publications, advertising or other media activities (including the Internet).
This consent includes, but is not limited to:
(a) Permission to interview, film, screen record, photograph, tape, or otherwise make a video reproduction of me and/or record my voice;
(b) Permission to use my name; and
(c) Permission to use quotes from the interview(s) (or excerpts of such quotes), the film, photograph(s), tape(s) or reproduction(s) of me, and/or recording of my voice, in part or in whole, in its publications, in newspapers, magazines and other print media, on television, radio and electronic media (including the Internet), in theatrical media and/or in mailings for education and awareness.
a) You have the right and power to enter into and fully perform your obligations under this Agreement; and
b) You will do nothing in connection with your use of the organisation of a Rise Agency Gig which would infringe the rights of anyone, or any law.
I certify that I have read the terms and conditions and fully understand its content.