Cover letter for contract between «NAVN_KONTRAKT_PART» and Rikskonsertene (Concerts Norway)

Transcription

1 MANAGEMENT «NAVN_KONTRAKT_PART» by/«kpart_kpers_navn» «KPART_KPERS_ADRESSE_KONV» Your ref.: Our ref.: AMH/«ANSV_TURNE» «PRODNR» Oslo, 7. January 2015 Cover letter for contract between «NAVN_KONTRAKT_PART» and Rikskonsertene (Concerts Norway) concerning the tour «PRODNR» «PRODTITTEL», «SESONG» in «TURNEOMRAADE», during the period «PERIODER» We refer to previous correspondence about the tour and attach two copies of the contract for signature. A signed example of the contract should be returned to Concerts Norway within 14 days of today s date if you accept this offer of a tour. The person responsible for the tour is: «TURNÉANSVARLIG», «EPOST_TURNÉANSVARLIG». Telephone work: , mobile: «MOBIL_TURNÉANSVARLIG». The responsible producer is: «PRODUSENT», telephone work: Yours sincerely «TURNÉANSVARLIG» Production coordinator

2 Contract concerning temporary assignment Young Audiences 1. Parties Assignor: Rikskonsertene (Concerts Norway), Org. No Group: «GRUPPENAVN» consisting of the following artist(s): «GRUPPE_UTOV_DATA» Represented according to authorisation by: Company: «NAVN_KONTRAKT_PART» Contact person: «KPART_KPERS_NAVN» Company «ADRESSE_TEKST» «KPART_KPERS_EPOST» address: Organisation no: «ORGANISASJONSNR» Phone: «KPART_KPERS_TLF» The artist s/artists representative is responsible for having the necessary authorisations from the artist(s) to enter into this contract. Concerts Norway can claim compensation from artist s representative irrespective of the blame attributable to the representative if Concerts Norway incurs loss or damage as a result of a lack of authorisation. 2. The assignment The artist(s) undertake(s) to take part in the following tour: Tour number: Production title: Tour period: Tour area: Tour district: «PRODNR» «PRODTITTEL» «PERIODER» «TURNEOMRAADE» «DISTRIKTER» Number of concert days in the tour period is up to: «DAGER» Up to «MAX_KONS_PR_DAG» concerts per day shall be held, with up to 1 move between different schools. The number of rehearsal hours is: «PROVETIMER» Other artists on the tour are: «ANDRE_MEDVIRKENDE_DATA» Unless expressly stated otherwise elsewhere in the contract, the list of any other artists shall not provide grounds for rights or obligations between the parties. The assignment is personal; the artist may not turn over the performance to others either completely or partly without the consent of Concerts Norway. 3. Planning and execution Concerts Norway shall prepare tour and travel schedules. These shall specify the place and date of all concerts, travel and rehearsals involved in the tour. The tour schedule shall be submitted to the artist four 4 weeks at the latest before the tour period begins. The travel schedule shall be submitted to the artist two 2 weeks at the latest before the tour period begins. The tour and travel plans shall be included as schedules to the contract. Subsequent changes in the tour or travel plan can only be made by agreement between the parties. Rehearsals that are to be held before the tour period starts must be called separately, and shall be specified in a schedule to the contract.

3 Within the framework of the tour and travel plan, Concerts Norway can make such decisions regarding planning and execution of the tour as Concerts Norway may find necessary and appropriate. This includes preparation by Concerts Norway of marketing and information material and implementation of marketing and information measures. 4. The artist s obligations The artist(s) shall take part in the tour as specified by Concerts Norway pursuant to Clause 3 above. The artist(s) is/are obliged to adhere to the tour and travel plan that is set up within the framework agreed under Clause 2. Artists shall themselves provide their instruments, including any necessary supplementary equipment and loudspeakers etc. that must be regarded as a necessary part of this equipment, unless otherwise agreed separately. The artist(s) representative shall arrange for information and photographic material concerning the artist(s) to be sent to Concerts Norway for use in marketing and information about the tour at the time when Concerts Norway needs it. Photographic material shall be of digital high resolution quality (at least 300 dpi) and shall be sent in electronic and/or paper format. The artist(s) is/are responsible for ensuring that the material sent can be used freely by Concerts Norway for the specified purposes. The artist(s) shall inform Concerts Norway in advance of any agreements concerning other assignments in the same period as the tour. The artist(s) may not enter into other agreements which may be an obstacle to the execution of the tour. Illness or injury that may affect rehearsals or concerts shall be reported to Concerts Norway immediately. Concerts Norway may require that illness or injury be confirmed by a doctor s certificate of illness. 5. Fees, coverage of expenses and insurance The agreed fee is: NOK «DAGSATS» per artist per concert day and NOK 491 per artist per hour of rehearsal and NOK «DIETT_TOTAL» in subsistence allowance and any night supplement per artist for the entire assignment. This comes to a total of NOK «TOTALPRIS» for all artists for the whole assignment. Compensation of up to NOK 2000 per artist will be paid for documented expenses for travel home during weekends during the tour period if the individual artist prefers this to coverage of ordinary expenses for overnight stays and subsistence. A deduction of 15% artist s tax shall be made from the fee excl. documented agent s commission, cf. Norwegian Act on tax on fees to foreign artists etc. Holiday pay, sickness pay and other supplements to the fee shall not be paid. The contract is not covered by the Agreement on conditions for artists on short-term engagements for Concerts Norway or by another tariff agreement. Concerts Norway orders and pays for travel to and from the individual artist s place of residence and for overnight stays during the tour. Other necessary and ordinary expenses for travel, transport and overnight stays during the tour period shall be documented by means of invoices with vouchers. Fees and remuneration are paid together at the end of the tour period, according to electronic invoice from the artist s representative. Invoices with vouchers must be presented to Concerts Norway within 30 days of the end of the tour period. Payment will take place to the account specified on the invoice, and with the due date at least 21 days after the invoice date.

4 Concerts Norway may pay advances of up to 50% of the total fee and subsistence allowance on request from the artist s representative. Advances can be paid out 4 weeks at the earliest before the tour period starts. Concerts Norway s equipment, including rental cars, shall not be used for private purposes or other purposes that are not related to the assignment for Concerts Norway. The artist(s) is/are personally responsible for any damage that occurs if this rule is not complied with. The artist(s) is/are not covered by Concerts Norway s insurance and pension scheme. The artist(s) must themselves subscribe to all necessary insurance, including travel insurance, insurance for disbursement of sickness pay and insurance of own instruments and equipment, to cover any harm that might be caused to a person and/or object during the artist s participation in the production. Concerts Norway bears no responsibility for harm that may be caused to any person and/or object during the artist s participation in the production, unless such harm has been caused deliberately or through gross negligence by Concerts Norway or persons for whom Concerts Norway is responsible pursuant to Chapter 2 of the Norwegian Act no. 26 of 13 June 1969 relating to compensation. 6. Recording, broadcasting and information Unless the artist(s) personally object(s) to this, Concerts Norway may without separate remuneration document a concert for internal purposes, including by recording of sound and images. Permanent or temporary recording of sound and/or images from a concert or parts thereof may only take place with the individual artist s consent (cf. Section 42 of the Norwegian Copyright Act). A separate written agreement shall be signed in each case concerning remuneration and specific conditions for use of the recording. This provision is no obstacle to the concert being broadcast or reproduced when this takes place as part of news coverage (cf. Section 25 of the Copyright Act). Nor is the provision an obstacle to other use that is permitted according to the Copyright Act. Concerts Norway can use publicly available material and material sent by booking agencies, managers, record companies and/or the artist(s) personally in the marketing of the tour and the individual concerts. 7. Crediting of the artist and Concerts Norway The artist(s) shall state in interviews and other public mention of the concert and the tour that it is taking place under the auspices of Concerts Norway. Concerts Norway shall similarly provide information regarding the identity of artists. 8. Right of use to productions developed for the account of Concerts Norway Right of use means no assignment of copyright or other rights from artist(s) to Concerts Norway. Right of use cannot be assigned to a third party. By production is meant the composition of the concert programme (the performance), the production title and the artists. If the production has been developed for the account of Concerts Norway, Concerts Norway has the right of use free of charge to this production for a period of 2 years from the first concert that is held. During this period the production cannot be used in other contexts without Concerts Norway s consent. If the production is used after the expiration of Concerts Norway s right of use, the artist(s) shall always plainly state that the production has been developed in collaboration with Concerts Norway. This applies to performances/concerts and filming, recording and releases of the production. 9. Cancellation and compensation in the event of breach If one party is in material breach of the contract, the other party can cancel the contract with immediate effect. Material breach on the part of one of the artist s in this contract provides grounds for cancellation in respect to all of them. Material breach on the part of the artist includes, but is not limited to, taking part in other assignments contrary to Clause 2 and failure to be present at concerts or rehearsals listed on the tour schedule without valid reason for absence and/or without timely notification. If one party is in breach of obligations under the contract, the other party can demand compensation for financial loss in accordance with ordinary rules of compensation legislation.

5 Compensation cannot be claimed for losses due to the party in question being prevented from entering into other contracts during the tour period. Concerts Norway s liability for compensation shall under all circumstances have an upper limit equal to the total remuneration pursuant to Clause 5 above. 10. Cancellation and compensation in connection with cancellation of a tour If the tour has to be cancelled because one or more of the artists in the production drops out, for example as a result of illness or other unforeseen circumstances, the contract can be cancelled with immediate effect. Provided that the cancellation is not due to the artist(s) themselves, circumstances for which the artist(s) must bear the risk, or events which are recognised as force majeure pursuant to Norwegian law, the artist(s) shall have the right in the event of cancellation to the agreed fee for concert days and rehearsals pursuant to Clause 5 above for a period of 14 days from the date when the artist s representative was notified of the cancellation. In the event of the cutting short or cancellation of the tour, the payment of subsistence allowance and if relevant night supplement shall be reduced proportionately according to the part of the tour that has been completed. The artist(s)/artist s representative cannot claim compensation over and above this for losses as a result of the termination of the contract. Circumstances for which the artist(s) must bear the risk encompass but are not restricted to cancellation that is due to other artists in this contract. 11. Notice of termination The contract can only be cancelled in accordance with the rules in Clauses 9 and 10 above. Neither of the parties can give notice of termination of the contract in cases other than these. 12. Special conditions for this tour No special conditions. 13. Amendments Amendments or additions to the contract can only take place through written agreement signed by both of the parties. Agreement(s) on amendments shall be included as (a) schedule(s) to the contract. 14. Choice of law and legal venue The contract is regulated by and shall be interpreted in accordance with Norwegian law. Attempts shall be made to resolve disputes concerning the application or interpretation of the contract by negotiations between the partners. If the parties do not reach agreement, the dispute shall be referred to the ordinary courts for treatment, unless the parties agree on arbitration or some other mechanism for resolving disputes. Oslo is the legal venue for any dispute that might arise from the contract. Oslo, 7. January 2015 Concerts Norway Place, date: Per pro «TURNÉANSVARLIG» «KPART_KPERS_NAVN» on behalf of «GRUPPENAVN»