1. INTRODUCTION

These Terms and Conditions ("Agreement" or “Terms and Conditions”)govern the use of the Artist Focus platform by artists("Artist" or "You").

Artist Focus ("Artist Focus ")is an online platform which connects Artists with potential Clients for live performances.

"Artist"refers to any musician, singer, band, comedian, or other performer who uses the platform to promote their availability for live performances.

By using the platform, Artist agrees to be bound by this Agreement and to comply with all applicable laws, rules, and regulations related to their performances.

2. DEFINITIONS & INTERPRETATIONS

  • In these Terms and Conditions, unless the context requires otherwise, the following words shall have the following meanings:
  • "Client"means a person or entity that uses the Artist Focus platform to book an Artist for an Event.
  • "Event"means a live performance or appearance by the Artist that has been booked by the Client through the Artist Focus platform, and may include, but is not limited to, concerts, gigs, weddings, corporate events, private parties, and any other live performance or appearance by the Artist.
  • "Booking"means the agreement between the Client and the Artist for the provision of the Artist's services for an Event, as confirmed through the Artist Focus
  • "Booking Amount"means the total amount payable by the Client to Artist Focus for the Artist's services for an Event, as specified in the Booking confirmation.
  • References to the singular include the plural and vice versa, and references to any gender include all genders.
  • The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
  • Any reference to a statute, statutory provision, regulation, or order shall be construed as a reference to that statute, statutory provision, regulation, or order as amended, re-enacted, or replaced from time to time.

    • 3. ACCOUNT REGISTRATION AND USE

  • Artist must be at least 18 years old to use the platform.
  • In case the Artist is below the age of 18, they may register on the platform with the consent of their parent or legal guardian, who shall provide their details and accept these Terms and Conditions on the Artist's behalf. The parent or legal guardian shall be responsible for ensuring that the Artist complies with these Terms and Conditions and shall be liable for any breach of these Terms and Conditions by the Artist.
  • Artist agrees to provide accurate and complete information when registering for an account and to keep the information updated.
  • Artist is responsible for maintaining the confidentiality of the account and password and for all activities that occur under the account.
  • Artist agrees to use the platform only for lawful purposes and in compliance with all applicable laws, rules, and regulations.

    • 4. CONTENT OWNERSHIP AND LICENCE

    1. Ownership of Content

  • Artist retains ownership of all content uploaded or submitted to the platform, including but not limited to music, videos, images, and other media. ("Artist Content").
  • Artist Focus does not claim ownership of any Artist Content .

    • 2. License to Artist Focus

  • Artist grants Artist Focus a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, reproduce, distribute, and modify the Artist Content uploaded or submitted to the platform, solely for the purpose of promoting Artist's services and facilitating Booking through the platform.
  • This license includes the right to use Artist's name, image, likeness, and biographical information in connection with the promotion of Artist's services.
  • Artist acknowledges and agrees that Artist Focus may use the Artist Content in any media or format, including but not limited to, social media, email marketing, and other promotional materials.
  • Artist understands and agrees that Artist Focus may modify, adapt, or create derivative works from the Artist Content in order to promote or improve the platform.
  • Artist represents and warrants that Artist owns or has the necessary rights and permissions to grant the license to Artist Focus , and that the use of the Artist Content as licensed hereunder will not violate or infringe the rights of any third party, including but not limited to intellectual property rights, privacy rights, or publicity rights.

    • 3. Responsibility for Content

  • Artist is solely responsible for the accuracy, quality, legality, and appropriateness of the Artist Content.
  • Artist represents and warrants that the Artist Content does not contain any material that is defamatory, obscene, pornographic, offensive, or otherwise objectionable.
  • Artist acknowledges and agrees that Artist Focus does not pre-screen or monitor Artist Content, but that Artist Focus has the right (but not the obligation) to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable.

    • 4. Indemnification

  • Artist agrees to indemnify, defend, and hold harmless Artist Focus and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with Artist's use of the platform, Artist's services, or the Artist Content, including but not limited to any claims of infringement or violation of third party rights.
  • Artist agrees to cooperate with Artist Focus in the defense of any such claims, and to reimburse Artist Focus for any reasonable expenses incurred in connection with such defense.

    • 5. Right to Remove Content

  • Artist Focus reserves the right to remove or disable access to any Artist Content that violates this Agreement or is otherwise objectionable, without liability to Artist.
  • Artist understands and agrees that Artist Focus has no obligation to store or maintain copies of any Artist Content beyond what is necessary for the provision of the platform and its associated services.

    • 5. FEES AND PAYMENT

    1. Fees Charged by Artist Focus

  • Artist Focus does not charge any fees for registration and creating a profile on its website.
  • Artist Focus provides a platform for Artists to showcase their talents and connect with potential Clients. Artist Focus charges a 20% (twenty) non- refundable platform fee (“Platform Fees”) for providing the services which includes but is not limited to the following:
  • Connecting the Artist with potential Clients and managing the Booking;
  • Providing a payment gateway for the Clients to make the payment;
  • Promoting the Artist's profile on its platform.
  • This Platform Fees is inclusive of all taxes and levies, including but not limited to GST.
  • By using the platform and any services provided by Artist Focus , Artist agrees to pay Platform Fees.
  • Artist Focus reserves the right to modify its Platform Fees and other charges from time to time without prior notice. However, such modifications shall not affect the Platform Fees and other charges applicable to Bookings that have already been confirmed through Artist Focus 's platform.

    • 2. Payment to the Artist

  • Payment to the Artist shall be made either through the Artist Focus platform or in cash, as per the choice of the Client. If payment is made through the Artist Focus platform, the payment shall be remitted to the Artist after deducting the applicable GST within three (3) business days from the date of the Event. In case of cash payment, the Client shall make the payment directly to the Artist.
  • Furthermore, it is clarified that any cash payments made to the Artist shall not be protected under the Cancellation Policy, and Artist Focus shall not be responsible for any disputes or issues related to such payments.
  • The Platform Fees shall be deducted from all payments made to the Artist, irrespective of the mode of payment.
  • In case of any delay or default in payment by the Client, Artist Focus shall not be liable for any interest or penalty on such delayed payment.

    • 3. Changes to Fee Structure

  • Artist Focus reserves the right to change its fee structure at any time, with notice to the Artist.
  • Artist Focus will provide notice of any fee changes on the platform.
  • Artist's continued use of the platform following the notice of any fee changes constitutes acceptance of the new fee structure.

    • 4. Taxes

  • Artist is solely responsible for paying any applicable taxes on income earned from the use of the platform and any services provided by Artist Focus .
  • Artist Focus is required to collect and remit GST on behalf of the Artist as per applicable tax laws. The Platform Fees charged by Artist Focus are inclusive of the applicable GST.
  • Artist agrees to provide Artist Focus with any necessary tax information and to comply with all applicable tax laws and regulations.

    • 5. Disputes

  • In the event of any disputes related to Platform Fees or payments, Artist agrees to work with Artist Focus to resolve the issue in a timely and reasonable manner.
  • Artist agrees not to initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Artist Focus .
  • Artist acknowledges and agrees that Artist Focus is not liable for any third-party fees or charges related to payments made through the platform, such as bank fees or currency conversion fees.

    • 6. Right to Withhold Payment

  • Artist Focus may withhold payment to Artist if there are any concerns or issues related to the quality or legality of the Artist's performance, or if Artist breaches any of the terms of this Agreement.
  • Artist Focus will notify Artist of any concerns or issues before withholding payment, and will work with Artist to resolve the issue in a reasonable and timely manner.

    • 6. BOOKINGS

    1. Artist Booking Procedure

  • Artist agrees to make all Bookings through the Artist Focus
  • Artist acknowledges that Artist Focus acts solely as an intermediary and does not provide any performance or Event services itself.
  • The Artist shall provide Artist Focus with the Artist's available performance dates, performance fees, and other required details for creating a profile on the platform.
  • Clients can browse the Artist's profiles, select an Artist, and request a quote for their Booking. The Artist shall respond to the Client's request for a quote within a reasonable time, and the quote shall include the performance fee, any additional charges, and terms and conditions for the performance.
  • Upon acceptance of the Artist's quote, the Client shall pay a 20 (twenty)% advance of the total Booking Amount to Artist Focus to secure the Event date. The remaining 80 (eighty) % of the Booking Amount shall be paid on the date of the Event, either through the Artist Focus platform or in cash to the Artist as agreed upon between the Client and the Artist.
  • Artist Focus shall deduct its Platform Fees and applicable GST from the Booking Amount before remitting the payment to the Artist.
  • Artist is solely responsible for providing all performance services and meeting all terms and conditions and obligations associated with each Booking, including but not limited to arranging transportation, equipment, and accommodations.In case of any breach of the terms and conditions, Artist Focus shall not be liable for any loss or damage suffered by the Client or the Artist.
  • Artist agrees to communicate with Client promptly and professionally through the platform's messaging system, and to respond to all Booking requests and inquiries in a timely manner.
  • The Artist acknowledges and agrees that Artist Focus may promote the Artist's profile and performances through its website and social media platforms for marketing purposes.

    • 2. Changes to Booking details

  • If the Client needs to make any changes to the details of the Booking before the Booking has been secured, such as the line-up, performance duration or Booking Amount, the Client must do so using the Artist Focus site and must be accepted by both, Artist Focus and Artist, before the Booking is confirmed.
  • Once the Booking has been secured, Clients should not communicate changes to Booking details to the Artist without first contacting Artist Focus .
  • If the Client needs to make any changes to the details of the Booking after the Booking has been secured, such as the line-up, performance duration, or the quote, the Client must immediately communicate these changes to Artist Focus at [email protected].
  • The Artist will be notified of any changes made to the Booking details by Artist Focus , and Artist Focus will confirm with the Artist whether they are willing and able to perform at the revised Booking details.
  • If the Artist accepts the revised Booking details, Artist Focus will update the Booking details on the Artist Focus site and notify the Client.
  • If the Artist does not accept the revised Booking details, Artist Focus will work with the Client to find a suitable alternative Artist or act for the Event.
  • Any changes to the Booking details made by the Client without the prior written consent of Artist Focus may result in the cancellation of the Booking and the Client shall be subject to cancellation charges as outlined in the Cancellation Policy.

    • 3. Delayed Event Schedules and Late Finish Fees

  • If the Event schedule runs over the agreed upon time through no fault of the Artist, the Artist shall not be entitled to any reduction in the Booking Amount.
  • If the Event is extended beyond the original finishing time with the agreement of the Artist, the Artist is entitled to negotiate and receive additional payment from the Client at their discretion. Any such additional payment shall be communicated to Artist Focus at [email protected] within 24 (twenty-four) hours of the Event.
  • In case of any other changes to the Booking that result in additional payment to the Artist, the Artist shall communicate the same to Artist Focus at [email protected] within 24 ( twenty-four) hours of the Event.
  • The Artist shall have the right to refuse to perform beyond the agreed upon finishing time without penalty.
  • The Client shall be responsible for any costs or expenses incurred by the Artist as a result of any delay or extension to the Event schedule beyond the agreed upon finishing time.

    • 4. Cancellations and Refunds

  • Artist acknowledges that cancellations or changes to Bookings may occur due to unforeseen circumstances.
  • Artist agrees to promptly notify Artist Focus and the Client in the event of any cancellation or change, and to work with Artist Focus and the Client to reschedule or make other arrangements.Artist Focus shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
  • Artist agrees to comply with the Cancellation Policy.

    • 5. Performance Conditions

  • The Client must provide all relevant performance conditions and provisions to the Artist before a Booking is confirmed. This includes but is not limited to:
  • Size of performance space
  • For outdoor performances, contingency plans in the event of rain or adverse weather conditions
  • Sound limits and timings of sound checks
  • Provision of food and drink
  • The Artist has the right to refuse to perform if performance conditions are lower than agreed with the Client, or if the conditions are objectively unacceptable for a live performance.
  • In the case where conditions are confirmed in advance and not adhered to by the Client, the Artist is entitled to their full fee provided they show evidence of unacceptable conditions.
  • The Client is responsible for ensuring the venue and performing area is safe for the Artist’s performance. This includes ensuring they are not harassed, insulted or put in danger by guests.
  • The Artist has the right to leave if they are threatened or endangered by continuing to perform.
  • Any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions will be the responsibility of the Client and must be paid in full within 24(twenty-four) hours of the Event.
  • If the Artist is unable to perform due to the failure of the Client to provide adequate performance conditions, the Client will be responsible for any costs incurred by the Artist, including but not limited to travel costs, accommodation costs and lost income.
  • The Client must provide adequate security at the venue to ensure the safety of the Artist and their equipment. The Client will be liable for any damage caused to the Artist’s equipment due to inadequate security at the venue.
  • The Artist reserves the right to refuse to perform if the Client does not provide adequate security at the venue.
  • The Artist must arrive at the venue at the agreed-upon time and have all necessary equipment with them. If the Artist is unable to perform due to their own fault or negligence, they will not be entitled to the full fee.
  • The Artist must comply with all relevant laws and regulations, including but not limited to health and safety regulations. The Artist will be held responsible for any damage or injury caused by their negligence or failure to comply with relevant laws and regulations.
  • If the Client requests that the Artist perform a specific set or playlist, the Artist must make reasonable efforts to accommodate the request. However, the Artist reserves the right to refuse any request that they deem inappropriate or offensive.
  • In the case of outdoor performances, the Artist must comply with all relevant environmental regulations and obtain any necessary permits or licenses.

    • 6. Indemnification

  • Artist agrees to indemnify, defend, and hold harmless Artist Focus and its affiliates, directors, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with any Booking or related services, including but not limited to any claims of breach of contract, negligence, or other wrongdoing by Artist.
  • Artist agrees to cooperate with Artist Focus in the defense of any such claims, and to reimburse Artist Focus for any reasonable expenses incurred in connection with such defense.

    • 7. ARTIST OBLIGATIONS

    By using the Artist Focus platform and services, the Artist agrees to:

  • Provide accurate and truthful information in their profile and in all communications with Artist Focus and Clients;
  • Maintain professional conduct and adhere to all applicable laws, regulations, and industry standards in relation to any Bookings facilitated through the Artist Focus platform;
  • Promptly respond to any inquiries or requests from Artist Focus or Clients in a timely and professional manner;
  • Fulfill any Bookings that are confirmed through the Artist Focus platform, except in cases where cancellation is permitted under the terms of this Agreement;
  • Provide high-quality and satisfactory performances to Clients, and strive to exceed expectations wherever possible;
  • Not engage in any activity or behavior that may harm the reputation or interests of Artist Focus , Clients, or any other Artists using the platform; and
  • Indemnify and hold harmless Artist Focus from any losses, damages, or expenses arising from the Artist's breach of these obligations or any other terms of this Agreement.

    • 8. CANCELLATION POLICY

  • In case the Artist cancels the Booking, the following Cancellation Policy (“Cancellation Policy”) will apply:
  • If the cancellation is made 7 days or more prior to the Event date, the Artist will be charged a cancellation fee of 20 (twenty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
  • If the cancellation is made within 7 days of the Event date, the Artist will be charged a cancellation fee of 50 (fifty) % of the total Booking Amount. The remaining amount will be refunded to the Client within 15 (fifteen) days of cancellation.
  • The Artist acknowledges that the above cancellation charges are reasonable and reflect the losses that Artist Focus and the Client may suffer as a result of the cancellation. The Artist agrees to pay the applicable cancellation charges promptly and without delay. Artist Focus reserves the right to deduct the cancellation charges from any future payments due to the Artist.
  • In case the Artist cancels a Booking without providing sufficient notice or fails to comply with the Cancellation Policy, Artist Focus reserves the right to take necessary action, including but not limited to removal of the Artist's profile from the platform and initiating legal proceedings for breach of this Agreement.
  • The Artist shall not be liable for any cancellation due to force majeure events such as natural disasters, epidemics, pandemics, war, or any other events beyond the Artist's control.
  • Artist Focus shall not be liable for any damages or losses incurred by the Client or any third party due to the cancellation by the Artist.
  • The Artist agrees to comply with the above-stated Cancellation Policy and acknowledges that Artist Focus shall have the right to enforce the same in case of any breach.

    • 9. TERMINATION

    1. Termination by the Artist

  • Artist may terminate their account with Artist Focus at any time by providing written notice to Artist Focus .
  • Upon termination of the Artist's account, all outstanding fees and charges owed to Artist Focus must be paid in full within 30 (thirty) business days.
  • Artist Focus may retain and continue to display any Artist Content or materials submitted by the Artist on the platform, unless the Artist specifically requests for such Artist Content to be removed.

    • 2. Termination by Artist Focus

  • Artist Focus reserves the right to terminate an Artist's account and access to the platform at any time, with or without cause, upon written notice to the Artist.
  • If the Artist breaches any Terms or Conditions or policies of Artist Focus , Artist Focus may terminate the account immediately without prio


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