PERFORMANCE AGREEMENT
THIS AGREEMENT IS BETWEEN YOU (“The Artist”)

AND TOURISMHQ LIMITED (“The Promoter”)

BACKGROUND
The Promoter wishes to engage the services of the Artist for live performances at an event it is producing and the Artist agrees to provide such services on the terms and conditions set out in this Agreement.

THE PARTIES AGREE:
1. THE EVENT
1.1 The Promoter is producing an event at the venue and on the dates as set out in Item 1 of the schedule, which is attached to and forms part of this Agreement (“the Schedule”), (“the Event”).

2. ARTIST’S OBLIGATIONS
2.1 The Artist warrants that they are able to enter into this Agreement and to fully provide the services required by the Agreement.
2.3 In consideration for the Promoter remunerating the Artist with the provision of the holiday package and associated items detailed at Item 2 of the Schedule, the Artist agrees to:

(a) Give live performances in accordance with Item 3 of the Schedule (“the Performances”) at the Event;
(b) Refuse any other engagement for a performance, promoted to the New Zealand public, during a period of 45 days prior to, or 45 days following, the date(s) of the Performances hereinabove described, within Fiji, Vanuatu, Rarotonga or Samoa, without the express written permission of the Promoter;
(c) Provide the Promoter with a right of first refusal for promoting any public performance(s) by the Artist at an event or events within Fiji, Vanuatu, Samoa or Rarotonga, which are to be solely marketed to the New Zealand public, during the same period of the Performances at the Event but in the following calendar year.

2.4 Where the Artist consists of two or more members, the individual members agree to be jointly and severally bound by the terms of this Agreement on the same terms as the Artist.
2.5 Where this Agreement is being entered into by an agent or manager on behalf of the Artist, that agent or manager warrants that they have the authority to bind the Artist.

3. PROMOTER’S OBLIGATIONS AND RIGHTS
3.1 In consideration for the Artist providing the Performances, the Promoter agrees to remunerate the Artist with the holiday package and associated items detailed at Item 2 of the Schedule.
3.2 The Promoter agrees to provide audio and visual resources, in good working order and of a quality and fitness for purpose appropriate to the scale of the Performances, to both enable and enhance the Performances (“the A.V. Resources”).
3.3 The AV Resources will include but not be limited to an appropriate sound system and lighting equipment.
3.4 The Promoter agrees to ensure that the Artist has access and control of the front-of-house sound system and the master volume levels of the front-of-house (please advise of distinguishing description here) for and during each of the performances and also to enable a sound-check prior to each of the Performances.
3.5 The Promoter shall ensure that its agents use all reasonable care and skill in the handling of the Artist’s equipment.
3.6 The Promoter will provide a proper number of attendants and stewards to ensure the sufficient supervision of the venue for the purpose of: preventing the entry of undesirables; ensuring the proper conduct of the audience; ensuring the safety of the Artist; providing appropriate stage security.
3.7 The Promoter will also provide a safe, properly constructed and sheltered area from which the Artist is to render the Performances.

4. ARTIST’S ACCESS, TRANSPORTATION, EQUIPMENT AND INSURANCE
4.1 The Artist agrees that they are responsible for liaising with the Promoter for their own transportation to the agreed airport and the provision of instruments and backline (as that term is commonly used in the music industry) for the Performances.
4.2 The Artist agrees that they will obtain insurance coverage for their own equipment, instruments, travel, baggage, personal possessions and health.

5. LIKENESS, PERSONAL APPEARANCES AND INTERVIEWS
5.1 The Promoter shall have the right to use the Artist’s name, pre-approved likeness and biographical material for the purpose of promoting the Performances at the Event to the public.

6. RECORDING OF THE ARTIST’S PERFORMANCES
6.1 The Promoter shall be entitled to video record any part of the Artist’s Performances, only, for future promotion of the Event.

7. CANCELLATION OR POSTPONING OF PERFORMANCES
7.1 The Promoter may cancel or postpone the Performances and/ or this agreement in its entirety with written notice of 45 days, or in the event of Force Majeure.

8. PULL OUT CLAUSE
8.1 The Artist understands that a significant amount of work goes in to planning these experiences, and that a cancellation could be disastrous to the event. They understand that either
a) If the Artist cancels with 21 days or more until the trip, the Promoter asks that the Artist find a suitable and qualified replacement
b) If within 20 days of the event, the Promoter requires the cost of the Artist’s trip to be reimbursed to TourismHQ.

9. NOTICES
9.1 Any notice under this Agreement shall be in writing and delivered, emailed or sent by registered post to the relevant party at the addresses set out in item 7 of the Schedule.
9.2 Notices shall be deemed to have been received: as at the time and date of personal service; upon transmission of facsimile letter; two (2) days after being sent by mail; upon being successfully sent by email.

10. MISCELLANEOUS
Indemnity

10.1 Each party undertakes to indemnify the other and agrees to keep the other indemnified against all liabilities, claims, demands, actions, costs, damages or expenses incurred in defending and/or settling (subject to any settlement being made with the prior written consent of the indemnifying party) any claim, dispute, or action arising from any breach of any of the terms of this Agreement by that party.
10.2 In the event of any claim, dispute, or action, each party agrees to provide full details to the other party at the earliest opportunity.

Mediation
10.3 In the event of a dispute between the parties, the parties agree that the tribunals and courts of New Zealand shall have jurisdiction for determining the dispute.
10.4 In the event of a dispute, the Promoter may elect to have the dispute referred to mediation before it is litigated in a New Zealand tribunal or court. The appointment of a mediator shall be by agreement, and if agreement is unable to be reached, the parties agree to participate in mediation with any Auckland-based mediator nominated by the President of the New Zealand Law Society.

Amendments and Alterations
10.5 This Agreement supersedes all previous agreements, representations, understandings or promises and sets out all the terms agreed by the parties. Any amendment or alteration to this Agreement must be in writing and signed by an authorised signatory of each party.

No Partnership or Employment
10.6 This Agreement shall not be deemed to create any partnership or employment relationship between the parties.

Severability
10.7 The intention of the parties is to create a binding agreement. If this Agreement shall be rendered invalid at any time by one or more of the provisions contravening any statute, regulation, by-law or ordinance or contravening or offending any provision of law or equity, any such provision/s shall to the necessary extent be read down or excised from this Agreement and the remainder of the clauses shall remain in force.

Warrant of authority to bind company
10.8 If the Promoter is entering into this Agreement in the Promoter’s capacity as a director or shareholder or employee of a company then the Promoter warrants that they have the authority to bind the company.

Force Majeure
10.9 The Artist agrees agree that the will not hold the Promoter liable for any loss, damage, claim or liability arising from those acts, defaults or omissions which occur outside of the Promoter’s control or any cause occurring independently of human control. Any cause occurring independently of human control includes weather disruptions, earthquake, dangers caused by or incidental to the sea, flood, fire, storm, natural disaster, acts of God, war, terrorism, acts of Government or other authorities, armed conflict, hostilities, civil disturbances, labour strikes, lockouts, boycotts, the breakdown of machinery or equipment, deaths, pilferage, epidemics, pandemics, quarantines or any exercise of any applicable medical or customs regulation or other similar events beyond the reasonable control of a human being.

SCHEDULE
Item 1: Artist’s Remuneration:
In consideration for the Artist’s services and commitments under this Agreement the Promoter agrees to provide the Artist with;
(i) Holiday Package
Return flights, transfers, hotel accommodation as detailed in email correspondence by TourismHQ
(ii) Food & Beverage
As detailed in email correspondence by TourismHQ

Item 2: Artist’s Requirement:
The Artist shall be required to perform sets as specified in email correspondence by TourismHQ.

The Artist is to help promote the event and their involvement where possible, including via social media channels.