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CAA/REG Terms & Conditions #2
<br />Purchaser/End Buyer Signs or REG signs on behalf of Purchaser/End Buyer
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<br />recordings in any and all formats and media, in connection with, and at, the Performance(s). The receipts thereof will be paid to COMPANY and
<br />PURCHASER (if applicable) at the split rate as set forth on the face page of the CAA Agreement. PURCHASER will make reasonable
<br />accommodations to facilitate COMPANY's sales activities.
<br />10. Unless otherwise mutually agreed and specifically set forth on the face page of the CAA Agreement, PURCHASER agrees that COMPANY may
<br />cancel the Performance(s) hereunder, in COMPANY's sole discretion, by providing at least thirty (30) days’ notice to PURCHASER prior to the
<br />Performance(s) date. In such event, COMPANY will return any amounts previously paid by PURCHASER pursuant to this Agreement, and shall
<br />have no further obligations.
<br />11. If, before the date of any scheduled performance, it is found that PURCHASER has not performed fully its obligations under any other
<br />agreement with any party for another engagement, or that the financial credit of PURCHASER has changed, been misrepresented or been impaired,
<br />COMPANY may cancel the Agreement without payment or penalty of any sort.
<br />12. In the event that PURCHASER fails or refuses fully to perform any of its obligations hereunder, including but not limited to timely making any
<br />of the payments required by this Agreement:
<br />a. COMPANY, in its sole and exclusive discretion, may immediately terminate this Agreement;
<br />b. COMPANY will have the right to retain any amounts theretofore paid by PURCHASER;
<br />c. PURCHASER will immediately reimburse COMPANY for any out-of-pockets costs incurred by COMPANY and/or Artist as a result of
<br />PURCHASER's breach;
<br />d. PURCHASER will remain liable to COMPANY for the guarantee and any additional compensation due COMPANY, as set forth in the
<br />Agreement; and
<br />e. COMPANY and/or Artist will be entitled to assert all claims and to exercise all rights and remedies available, whether at law or in
<br />equity.
<br />Purchaser shall be granted a reasonable opportunity to cure said breach (if curable) within a reasonable amount of time; however, in no event shall
<br />any cure period extend later than prior to Artist’s commencement of travel to the Performance. Notwithstanding the foregoing, there shall be no cure
<br />period for failure to make timely payments hereunder.
<br />13. In the event of an alleged material breach of this Agreement by COMPANY and/or Artist, PURCHASER agrees that the maximum damages
<br />which PURCHASER may seek to recover will be limited to necessary out-of-pocket expenses directly incurred by PURCHASER relating to the
<br />Performance, including out-of-pocket costs, taking into account any amounts that PURCHASER recovered or could have recovered using its best
<br />efforts to mitigate its damages. Notwithstanding the foregoing, PURCHASER will not be entitled to recover any alleged lost profits or similar
<br />damages.
<br />14. Currency. Unless otherwise provided herein, CAA will hold all deposits in United States Dollar accounts. Purchaser shall bear any currency
<br />conversion risks associated with delivering funds in other than United States Dollars or requesting deposit refunds (when such refunds are applicable)
<br />in other than United States Dollars.
<br />15. Force Majeure/Inclement Weather.
<br />a. A "Force Majeure Event" is defined as one or more of the following causes beyond the parties’ reasonable control which renders
<br />performance impossible, impracticable, or unsafe: death, illness of, or injury to Artist or a member of Artist's immediate family, any of Artist's
<br />musicians, or any of COMPANY's key personnel; theft, loss, destruction, or breakdown of instruments or equipment owned or leased by COMPANY
<br />or Artist; fire; threat(s) or act(s) of terrorism; riot(s) or other form(s) of civil disorder in, around, or near the Performance(s) venue; strike, lockout, or
<br />other forms of labor difficulties; any act, order, rule, or regulation of any court, government agency, or public authority; act of God; absence of power
<br />or other essential services; failure of technical facilities; failure or delay of transportation not within COMPANY's or Artist's reasonable control;
<br />and/or any similar or dissimilar cause beyond COMPANY's or PURCHASER's reasonable control.
<br />b. If a Force Majeure Event occurs, and in the event that PURCHASER has agreed to pay any of Artist’s/Company’s expenses in
<br />connection with the Engagement as set forth on the face page of the Agreement or in a separate writing between Artist/Company and an authorized
<br />representative of Purchaser (email sufficing) (including without limitation travel expenses, backline, production, hotel rooms, ground transportation,
<br />and/or similar expenses; provided such expenses are set forth on the face page of the Agreement or in a separate writing between Artist/Company and
<br />an authorized representative of Purchaser (email sufficing)), PURCHASER will pay COMPANY for any reasonable and necessary out of pocket
<br />costs and expenses incurred (or not cancelable or refundable, as applicable, and will be incurred by COMPANY and/or Artist) by COMPANY and
<br />Artist in connection with the Engagement (unless otherwise mutually agreed in writing, or specifically set forth on the face page of the CAA
<br />Agreement, that some greater amount be paid to COMPANY in such event and further provided that no amount shall exceed the amount set forth on
<br />the face page of the CAA Agreement), and the parties' respective obligations hereunder will otherwise be excused fully, without any additional
<br />obligation, subject to the provisions of Section 15(c) below, and each of the parties shall bear its own costs incurred in connection with this
<br />Agreement.
<br /> c. Notwithstanding the foregoing, if Artist has commenced performance, PURCHASER will nonetheless pay COMPANY the full amount of
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