These Terms and Conditions ("Terms" or “Agreement”) shall apply to all clients who register as a Client on Artist Focus's online platform ("Client"), including but not limited to individuals who intend to book artists for events, performances, etc through the online platform ("Artist Focus" or "we" or "us" or "our").
By using Artist Focus's platform, the Client agrees to be bound by these Terms, the Privacy Policy, and any other policies or guidelines posted on the platform. If the Client does not agree to these Terms, they should not use the platform.
"Artist" means any individual or group of individuals who are registered on Artist Focus's platform as service providers for live musical performances.
"Artist Content" means any content created, produced, or licensed by the Artist for the purposes of performing on behalf of the Client, including but not limited to music, videos, photographs, and other media.
"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 platform.
"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.
"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.
"Platform" means Artist Focus's online platform, accessible through its website, mobile applications, and any other means provided by Artist Focus, which connects Clients with Artists for the purposes of hiring the Artist's services.
"Platform Fee" means the fee charged by Artist Focus to the Client for using its Platform to hire an Artist, which shall be 20% of the total Booking Amount.
"Transaction" means any interaction between the Client and Artist Focus, including but not limited to the creation of a Booking, payment of the Booking Amount, and any communication through the Platform.
"Client Content" means any content provided by the Client, including but not limited to information provided during registration, Booking details, and feedback and reviews of the Artist's services.
To access the Artist Focus platform as a Client, you must register an account on our website and provide us with accurate and complete information about yourself. By registering an account, you represent and warrant that you are authorized to enter into this Agreement.
You agree to keep your account information up-to-date and accurate at all times. You are solely responsible for maintaining the confidentiality of your account login credentials, and you agree not to share them with any third party. You are responsible for all activities that occur under your account.
Artist Focus reserves the right to suspend or terminate your account, or refuse any and all current or future use of the Artist Focus platform, in our sole discretion and without notice, if we have reason to believe that you have violated any provision of these Terms or any applicable law or regulation.
As a Client, you agree to use the Artist Focus platform only for its intended purposes, including but not limited to searching for, booking, and paying for Artists for your events or venues. You agree not to use the platform for any illegal or unauthorized purpose, and you agree to comply with all applicable laws and regulations in your use of the platform.
You understand and agree that Artist Focus may use your account information and any other information you provide in accordance with our Privacy Policy. You further agree that Artist Focus may send you information and updates about the platform and other services we offer.
Artist Booking Procedure
As a Client, you can browse the Artist profiles, select an Artist, and request a quote for your Booking through the Artist Focus platform. By making a Booking request, you agree to be bound by these Terms and Conditions, as well as any additional terms and conditions provided by the Artist in the quote.
Upon acceptance of the Artist's quote, you shall pay a 30 (Thirty) % advance of the total Booking Amount to Artist Focus to secure the Event date. The remaining 70% 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 you and the Artist. You acknowledge that Artist Focus shall deduct its Platform Fee and applicable GST from the Booking Amount before remitting the payment to the Artist.
You agree to communicate with the Artist promptly and professionally through the platform's messaging system, and to respond to all Booking requests and inquiries in a timely manner.
You acknowledge that the 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 you or the Artist.
You agree to provide accurate and complete information regarding the Event and to keep the Artist informed of any changes to the Event details. If there are any changes to the Booking details, including but not limited to the date, time, or location of the Event.
Once the Client has secured a Booking through the Artist Focus platform, any changes to the Booking details must be communicated to Artist Focus in writing at [email protected].
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.
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.
Artist Focus will notify the Artist of any changes made to the Booking details by the Client and 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.
If the Event schedule runs over the agreed upon time through no fault of the Client, the Client shall not be liable for any additional payment to the Artist.
If the Event is extended beyond the original finishing time with the agreement of the Client, the Client shall negotiate and make additional payment to the Artist 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 Client shall communicate the same to Artist Focus at [email protected] within 24 ( twenty-four) hours of the Event.
The Client shall have the right to request the Artist to perform beyond the agreed upon finishing time, subject to the Artist's agreement and availability. In such cases, the Client shall be responsible for any costs or expenses incurred by the Artist as a result of the extended performance.
If the Event schedule is delayed or postponed due to any reason beyond the control of the Client, the Client shall inform Artist Focus and the Artist as soon as possible. The Artist shall make reasonable efforts to accommodate the revised schedule, subject to their availability. The Client shall not be liable for any additional payment to the Artist for such delays or postponements, unless agreed upon in writing by the Client and the Artist.
Client acknowledges that cancellations or changes to Bookings may occur due to unforeseen circumstances.
Client agrees to promptly notify Artist Focus and the Artist in the event of any cancellation or change, and to work with Artist Focus and the Artist to reschedule or make other arrangements.
Client understands that Artist Focus shall not be liable for any damages or losses incurred by the Artist or any third party due to the cancellation by the Client.
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:
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 must comply with all relevant laws and regulations, including but not limited to health and safety regulations, and ensure that the venue and performing area is safe for the Artist’s performance. This includes ensuring the Artist is not harassed, insulted or put in danger by guests. 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 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.
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. The Client will be responsible for obtaining any necessary permits or licenses on behalf of the Artist if required.
The Client 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 the Client or its representatives.
The Client 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.
The Client further acknowledges that any violation of the terms of this agreement may result in harm to Artist Focus or the Artist, and the Client agrees to indemnify, defend, and hold harmless Artist Focus and the Artist from any and all claims arising out of any such violation.
The Client acknowledges and agrees that Artist Focus and the Artist shall have no liability or responsibility for any claims, damages, losses, liabilities, or expenses arising out of or in connection with any act or omission of the Client or any third party, including but not limited to guests or event attendees.
Fees Charged by Artist Focus to Clients
Artist Focus provides a platform for Clients to search and book Artists for their events. Artist Focus charges a 20% (twenty) non-refundable Platform Fees for providing the following services:
Connecting the Client with potential Artists and managing the Booking;
Providing a payment gateway for the Client to make the payment;
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, the Client 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.
Clients are obligated to make payment to the Artist either through the Artist Focus platform or in cash, as per their choice. 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.
It is clarified that in case of any dispute or issue related to cash payment made to the Artist, Artist Focus shall not be responsible or liable for any such matter. Furthermore, Artist Focus shall not be held responsible for any payment made by the Client outside the Artist Focus platform, and such payment shall not be protected under the Cancellation Policy.
The Platform Fees shall be deducted from all payments made to the Artist, irrespective of the mode of payment. Clients shall not withhold any payment due to the Artist for any reason whatsoever, and any delay or default in payment by the Client shall be the sole responsibility of the Client. 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.
It is hereby acknowledged and agreed that the payment made by the Client to Artist Focus shall be considered as payment made on behalf of the Artist, and the Client shall have no further liability towards the Artist for such payment. Artist Focus shall be responsible for remitting the payment to the Artist after deducting the Platform Fees and applicable taxes.
By using the Artist Focus platform and making payment to the Artist through the platform, the Client agrees to abide by these payment terms and acknowledges that any violation of these terms may result in termination of their account on the Artist Focus platform, and may also result in legal action being taken against them.
Artist Focus reserves the right to change its fee structure at any time, with notice to the Client.
Artist Focus will provide notice of any fee changes on the platform.
Client's continued use of the platform following the notice of any fee changes constitutes acceptance of the new fee structure.
The Client shall provide accurate and complete information to Artist Focus for the purpose of GST compliance. Artist Focus may rely on such information provided by the Client and shall not be responsible for any consequences arising out of any incorrect or incomplete information provided by the Client.
In the event of any disputes related to Platform Fees or payments, the Client agrees to work with Artist Focus to resolve the issue in a timely and reasonable manner.
It is hereby acknowledged and agreed that the Client shall not initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Artist Focus. The Client agrees to cooperate with Artist Focus and the Artist to resolve any disputes amicably.
Furthermore, it is clarified 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. Any such fees or charges shall be borne solely by the Client.
Clients are hereby informed that Artist Focus reserves the right to withhold payment to the Artist if there are any concerns or issues related to the quality or legality of the Artist's performance, or if the Artist breaches any of the terms of this Agreement.
Artist Focus will notify the Artist of any concerns or issues before withholding payment, and will work with the Artist to resolve the issue in a reasonable and timely manner.
It is clarified that the decision to withhold payment shall be at the sole discretion of Artist Focus and shall not be disputed by the Client. The Client agrees to cooperate with Artist Focus and the Artist to resolve any concerns or issues related to the quality or legality of the Artist's performance, or if the Artist breaches any of the terms of this Agreement.
Furthermore, it is acknowledged and agreed that Artist Focus shall not be liable for any damages or losses suffered by the Client due to the withholding of payment. The Client shall not initiate any chargebacks or other payment disputes without first attempting to resolve the issue with Artist Focus.
By using the Artist Focus platform and engaging the services of the Artist, the Client agrees to abide by these terms and acknowledges that any violation of these terms may result in legal action being taken against them.
In case the Client 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 Client will be charged a cancellation fee of 20 (twenty) % of the total Booking Amount.
If the cancellation is made within 7 days of the Event date, the Client will be charged a cancellation fee of 50 (fifty) % of the total Booking Amount.
The Client acknowledges that the above cancellation charges are reasonable and reflect the losses that Artist Focus and the Artist may suffer as a result of the cancellation. The Client 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 Client.
In case the Client 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 initiating legal proceedings for breach of this Agreement.
Artist Focus shall not be liable for any damages or losses incurred by the Artist or any third party due to the cancellation by the Client.
The Client 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.
The Client understands and agrees that any cancellation due to force majeure events such as natural disasters, epidemics, pandemics, war, or any other events beyond the Client's control will be exempted from this Cancellation Policy.
The Client agrees to comply with all applicable laws, regulations, and requirements pertaining to the event, including but not limited to health and safety regulations, licensing requirements, and environmental regulations.
The Client shall provide all necessary permits, licenses, and approvals required for the event, and shall be responsible for obtaining any necessary permissions from local authorities.
The Client shall provide a safe and suitable performance space for the Artist, free from hazards, and shall ensure that the venue is compliant with all applicable health and safety regulations.
The Client shall provide adequate security at the venue to ensure the safety of the Artist, their equipment, and guests. The Client shall be liable for any damage caused to the Artist's equipment due to inadequate security at the venue.
The Client shall provide the Artist with all relevant performance conditions and provisions before the event, including but not limited to the size of the performance space, sound limits and timings of sound checks, provision of food and drink, and contingency plans in the event of adverse weather conditions.
The Client shall pay Artist Focus for the Booking and any related services in a timely manner and in accordance with the agreed upon payment terms. Failure to do so may result in the cancellation of the Booking and/or legal action taken against the Client.
The Client shall adhere to the agreed-upon performance conditions and provisions, and shall be responsible for any additional costs incurred by the Artist due to the failure of the Client to provide adequate performance conditions.
The Client agrees to cooperate with Artist Focus in promoting the Booking and any related events. This includes but is not limited to providing access to promotional materials and allowing Artist Focus to use the Client's name, image, and likeness for marketing purposes.
The Client agrees to maintain the confidentiality of any confidential information provided by Artist Focus, including but not limited to pricing and booking details, and to not disclose such information to any third party without the prior written consent of Artist Focus.
Any breach of the Client's obligations under this agreement may result in the cancellation of the event and the forfeiture of any fees paid to the Artist or Artist Focus.
Clients must conduct themselves professionally and respectfully when communicating with Artist Focus, its staff, and Artists. This includes all forms of communication, including phone calls, emails, text messages, and in-person meetings.
Clients must not engage in any behavior that is threatening, abusive, harassing, or discriminatory towards Artist Focus, its staff, or Artists. Any such behavior will not be tolerated and may result in the immediate termination of services and legal action.
Clients must provide accurate and truthful information when communicating with Artist Focus, its staff, and Artists. Misrepresentations or omissions of relevant information may result in the cancellation of services and may also result in legal action.
Clients must ensure that all communication with Artists is respectful and professional. Any behavior that is threatening, abusive, harassing, or discriminatory towards Artists will not be tolerated and may result in the immediate termination of services and legal action.
Artist Focus reserves the right to monitor all communication between Clients and its staff or Artists for quality assurance purposes
Termination by the Client
The Client may terminate their account with Artist Focus at any time by providing written notice to Artist Focus.
Upon termination of the Client's account, any outstanding fees and charges owed by the Client will become immediately due and payable.
Artist Focus may retain and continue to display any materials submitted by the Client on the platform, unless the Client specifically requests for such materials to be removed.
Termination by Artist Focus
Artist Focus reserves the right to terminate a Client's account and access to the platform at any time, with or without cause, upon written notice to the Client.
If the Client breaches any Terms or Conditions or policies of Artist Focus, Artist Focus may terminate the account immediately without prior notice.
Artist Focus may also terminate the account if the Client engages in any illegal or fraudulent activity on the platform.
In the event of termination by Artist Focus, any outstanding fees and charges owed by the Client will become immediately due and payable.
Artist Focus may retain and continue to display any materials submitted by the Client on the platform, unless the Client specifically requests for such materials to be removed.
Termination of the Client's account will result in the immediate cessation of all services and benefits associated with the platform.
The Client acknowledges and agrees that Artist Focus shall not be liable to the Client or any third party for any damages resulting from the termination of the Client's account or access to the platform.
The Client further acknowledges and agrees that Artist Focus shall have the right to retain and continue to display any materials submitted by Client associated with the Client's account or profile following termination, unless specifically requested by the Client to remove such Client materials.
By the Client:
The Client hereby represents and warrants that:
They have the legal capacity to enter into and perform their obligations under these Terms and Conditions.
They will not use the platform for any illegal or fraudulent activities or engage in any behavior that violates any applicable laws, regulations, or industry standards.
They will not infringe upon any third-party rights, including but not limited to any intellectual property or proprietary rights.
They will not transmit any content that is defamatory, obscene, offensive, or otherwise inappropriate or harmful to Artist Focus, Artists, or third parties.
They will provide accurate and complete information to Artist Focus, including but not limited to the details of the event, venue, and any technical requirements.
They will comply with all applicable laws and regulations regarding the event, including but not limited to any licenses, permits, or insurance requirements.
Artist Focus hereby represents and warrants that:
The platform and any associated services will be provided in a professional and workmanlike manner, consistent with industry standards and applicable laws and regulations.
Artist Focus will use commercially reasonable efforts to ensure the security, reliability, and availability of the platform and any associated services, but does not guarantee that the platform will be error-free or uninterrupted.
Limitation of Liability
In no event shall Artist Focus be liable to the Client or any third party for any indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to lost profits or damages arising from loss of use, data, or goodwill, even if Artist Focus has been advised of the possibility of such damages.
Artist Focus's total liability to the Client or any third party arising out of or in connection with these Terms and Conditions, whether in contract, or otherwise, shall not exceed the amount of fees paid by the Client to Artist Focus during the two (2) month period preceding the event giving rise to the liability.
Artist Focus makes no warranties or representations of any kind, express or implied, regarding the platform or any associated services, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement.
Artist Focus does not guarantee that the platform or any associated services will be error-free, uninterrupted, or free.
Client hereby agrees to indemnify, defend, and hold harmless Artist Focus and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, suits, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
Any breach of this Agreement by the Client, including but not limited to any breach of the representations and warranties made herein;
Any negligent, reckless, or intentionally wrongful act or omission by the Client, including but not limited to any infringement of intellectual property rights or other proprietary rights;
Any claim that the Client’s use of the platform or any other service provided by Artist Focus violates any applicable law, regulation, or industry standard;
Any claim that the Client's use of the platform or any other service provided by Artist Focus has caused harm to a third party;
Any claim arising out of or related to the Client's Bookings or interactions with the Artist.
Client further agrees to cooperate fully with Artist Focus in the defense of any such claim and to indemnify and hold harmless Artist Focus from any and all losses, damages, expenses, and costs (including reasonable attorneys’ fees) incurred by Artist Focus as a result of any such claim.
In the event that any such claim arises, Artist Focus shall have the right, at its sole discretion and expense, to:
Modify the Client Content made available through the platform to avoid infringement or alleged infringement of any third party’s intellectual property rights or other proprietary rights;
Terminate the Client's use of the platform and any services provided by Artist Focus.
The indemnification obligations set forth in this section shall survive the termination or expiration of this Agreement.
This indemnification provision shall be in addition to, and not in lieu of, any other indemnification provisions contained in this Agreement or any other agreement between the parties. The Client's obligations under this indemnification provision shall not be affected by any act, omission, or neglect of Artist Focus, whether intentional or not, in connection with the performance of its obligations under this Agreement. The Client's obligations under this indemnification provision shall extend to any and all claims, damages, losses, liabilities, and expenses, including but not limited to reasonable attorneys' fees, arising out of or in connection with any breach of this Agreement or any claim arising from the Client's use of the platform or any other service provided by Artist Focus.
Client acknowledges that Artist Focus is the sole owner of the brand and its associated properties, including the platform and all intellectual property rights associated with it. Nothing in this Agreement shall be construed as conferring any rights or license to use the Artist Focus brand or any of its associated properties, including any trademarks or copyrighted material.
Client acknowledges and agrees that Artist Focus and its licensors own all legal right, title and interest in and to the platform, including any intellectual property rights which subsist in the platform.
Client agrees not to modify, adapt, reproduce, distribute, transmit, display, publish, or create derivative works from any of Artist Focus's intellectual property, including but not limited to the platform, without prior written consent from Artist Focus.
Client further acknowledges that the platform may contain information which is designated confidential by Artist Focus, and that Client shall not disclose such information without Artist Focus's prior written consent.
Client agrees not to use any of Artist Focus's intellectual property, including the platform, for any commercial purposes or for any purposes other than those expressly permitted in this Agreement.
Client agrees to promptly notify Artist Focus in writing of any known or suspected infringement of Artist Focus's intellectual property rights by any third party. The Client shall cooperate fully with Artist Focus in any legal action taken by Artist Focus to protect its intellectual property rights.
Client acknowledges and agrees that any unauthorized use of Artist Focus's intellectual property, including the platform, may result in irreparable harm to Artist Focus, and therefore, Artist Focus shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such unauthorized use.
The intellectual property rights obligations set forth in this section shall survive the termination or expiration of this Agreement.
The Client acknowledges and agrees that all information received from Artist Focus, including but not limited to, booking details, event information, attendee information, and financial information, is confidential and proprietary to Artist Focus.
The Client agrees to maintain the confidentiality of such information and not to disclose or use such information for any purpose other than the purpose of this Agreement, without the prior written consent of Artist Focus.
The Client further agrees to take all necessary measures to safeguard and protect such information, including but not limited to, implementing appropriate physical, technical, and administrative safeguards to prevent unauthorized access, disclosure, or use of such information.
This confidentiality obligation shall survive the termination or expiration of this Agreement for a period of 2 (two) years, or as otherwise required by applicable law.
The Client acknowledges that any breach of this confidentiality clause may cause irreparable harm to Artist Focus, and therefore, Artist Focus shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach, in addition to any other remedies available under this Agreement or at law.
The Client agrees to indemnify, defend, and hold Artist Focus and its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach of this confidentiality clause by the Client or its agents, representatives, employees, or subcontractors.
The confidentiality obligations set forth in this section shall survive the termination or expiration of this Agreement and shall remain in effect until the confidential information becomes publicly available through no fault of the Client
The Client agrees that any bookings made through Artist Focus's platform are to be made exclusively through the platform. The Client shall not attempt to circumvent Artist Focus's platform or disintermediate Artist Focus in any way. This includes, but is not limited to, attempting to contact Artists outside of the Artist Focus platform to make bookings, using information obtained through the Artist Focus platform to make bookings outside of the platform, or using Artist Focus solely to generate leads for bookings that are not made through the platform.
The Client acknowledges that any attempt to circumvent the Artist Focus platform or disintermediate Artist Focus in any way constitutes a material breach of this Agreement. In the event of such a breach, Artist Focus shall be entitled to seek all available legal remedies, including but not limited to, injunctive relief and monetary damages.
The Client further acknowledges that any attempt to circumvent the Artist Focus platform or disintermediate Artist Focus may result in irreparable harm to Artist Focus's business and reputation, and therefore, Artist Focus shall be entitled to seek injunctive relief or any other appropriate legal remedies in the event of such a breach.
The Client agrees that any future bookings with Artists booked through the Artist Focus platform must also be made through the platform. In the event that the Client wishes to offer an Artist further work as a result of a Artist Focus booking, they must contact the Artist Focus team with the details and receive express written permission from Artist Focus to proceed with the booking outside of the platform.
The provisions of this section shall survive the termination or expiration of this Agreement. The Client agrees that any breach of this section shall result in irreparable harm to Artist Focus and shall entitle Artist Focus to seek injunctive relief or any other appropriate legal remedies, in addition to any other remedies available under this Agreement or at law.
Artist Focus reserves the right to modify or update this Agreement at any time without prior notice. Any modifications or updates to this Agreement will be effective immediately upon posting on the platform.
Client agrees to review this Agreement regularly for any changes. Continued use of the platform and services after any modifications or updates to this Agreement shall constitute acceptance of such modifications or updates.
This Agreement, along with any additional agreements or policies incorporated by reference, represents the entire agreement between Artist Focus and the Client and supersedes any prior agreements or understandings between the parties.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. If any invalid or unenforceable provision is capable of being modified to be valid and enforceable without materially altering the intent of the parties, such modification shall be made.
This Agreement shall be governed by and construed in accordance with the laws of India. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be subject to the exclusive jurisdiction of the courts in mumbai India.
The failure of Artist Focus to enforce any provision of this Agreement shall not be deemed a waiver of such provision or of the right to enforce such provision.
The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.
The provisions of this Agreement that by their nature should survive termination shall survive termination, including but not limited to, Confidentiality for Client, Indemnification, Intellectual Property Rights, Disintermediation and Circumvention and Limitation of Liability. The Client acknowledges that Artist Focus shall have the right to continue to use any Client Content on the platform even after the termination of this Agreement, unless the Client specifically revokes such license in writing. This provision shall be binding on the Client and shall ensure the protection of Artist Focus's rights in the Client Content.
The Client shall not assign or transfer any of their rights or obligations under this Agreement without the prior written consent of Artist Focus. Artist Focus may assign or transfer any of its rights or obligations under this Agreement without the prior written consent of the Client.
All notices, requests, and other communications under this Agreement shall be in writing and shall be delivered by hand, electronic mail, or certified or registered mail, return receipt requested, to the address specified below or such other address as the parties may specify in writing:
If to Artist Focus:
404 – Bldg 49, Madha,
Ekta Nagar, Malad West,
Mumbai - 400064
India
Email: [email protected]
If to the Client:
The contact information provided by the Client on the Artist Focus platform.