Performer Agreement

Words on the Waves Writers Festival is a not-for-profit incorporated association registered in New South Wales which aims deliver an immersive annual festival of stories, ideas and connection, set against the scenic Central Coast, NSW, and to enrich the cultural landscape of the region year-round  (“Organisation”). The Performer Agreement covers the terms of engagement in relation to the Performer’s appearances including talks, panels, signings, performances and workshops during the 2024 Festival.  

BACKGROUND

  1. The Performer is a cultural practitioner who is known in Australia. 
  2. The Organisation is hosting the Words on the Waves Writers Festival (“Festival”) ) on May 29 – June 3, 2024 inclusive (“Festival Dates”) in the Central Coast, NSW, Australia.
  3. This agreement covers the terms of engagement in relation to the Performer’s appearances including talks, panels, signings, performances and workshops during the 2024 Festival. 

1. SESSIONS

1.1 The Performer will prepare for and participate in the sessions as agreed to as part of the Festival (“Sessions”).  

  • Session details, time, date and location to be discussed with the Festival.
  • The exclusivity provisions in clause 1.5 and 1.6 may or may not apply to the Performer; to be negotiated with the Festival.

1.2 The Performer agrees to be available for the Sessions which will be held within the Festival Dates. A detailed schedule will be provided to the Performer closer to the Festival Dates and will list the title, brief, venue, time, the interviewer (if applicable) and other authors (if applicable) for each Session (“Schedule”).  The Performer acknowledges that the details in the Schedule are subject to change.

1.3 The Performer agrees to arrive at the Session venue at least 1 hour or as otherwise nominated before the scheduled Session for preparation purposes. 

1.4 The Performer must perform the Session and related conduct:

(i) with all reasonable care and skill in accordance with applicable industry best practice;

(ii) in a manner that promotes the best interests of the Organisation and that is dependable and cooperative with the Organisation and other performers;

(iii) in accordance with the Session brief and must not materially deviate from that brief without the prior written consent of the Organisation;

(iv) in accordance with any occupational health and safety rules, policies or procedures at the venues at which the Session will be conducted or which are directed by the Organisation;

(v) in a manner which is not defamatory, inflammatory, offensive or intending to incite violence; and 

(vi) with an appropriate dress code and be suitably dressed having regard to the Session brief and the audience of the session. 

1.5 If specified in 1.1, the Performer will not perform the same material scheduled to be presented by the Performer at the Festival during the two weeks preceding the Festival and two weeks after the Festival, without the prior written consent of the Organisation. This includes author talks, readings, virtual events and podcasts.

1.6 The Performer will seek the prior written consent of the Organisation for any additional performances/sessions undertaken in New South Wales as part of the Performer’s travel arrangements for the Festival and/or within the period specified in clause 1.5. Where additional performances/sessions are agreed to, the Performer acknowledges and agrees that the Organisation will seek a contribution to the Performer’s travel costs, that are being funded by the Organisation, from the parties that have engaged the Performer to perform the additional performances/sessions.

1.7 If the Performer’s session is included in the Festival’s children’s program, the Performer must hold:

(a) a valid Working With Children Check; and

(b) Public liability insurance for the Session. 

The Performer must provide the Organisation with a copy of the Working With Children Check and a certificate of currency of the public liability insurance at least 8 weeks prior to the Festival Dates to schools@wordsonthewaves.com.au

2. FEES AND TAXES

2.1 In consideration of the Performer satisfactorily participating in the Sessions the Organisation will pay the Performer the following fee (exclusive of GST) (“Fee”). 

  • Adult Program Panel $220 (1hr)
  • Adult Program Conversation $300 (1hr)
  • Adult Program Moderator $250 (1hr)
  • Adult Program Conversation Moderator $300 (1hr)
  • Adult Program Workshop $440 (2hr)
  • Adult Program Late Night Lit Reading $100 (15-20 minutes)

 

  •   School Program Panel $220 (1hr)
  •   School Program Moderator $250 (1hr)
  •   School Program Workshop $330 (1hr)
  •   School Program Half Day $450 (2x 60mins)
  •   School Program Full Day  $660 (3x 60mins, 4x 45mins)

2.2 If the Performer has incurred any agreed expenses in accordance with clause 3, the Performer may include these expenses, together with documentation supporting the expenses (e.g. invoices) as part of the invoice issued to the Organisation.

2.3 The invoice issued by the Performer must be sent to at program@wordsonthewaves.com.au no later than 30 days after the Festival Dates. Invoices should include ABN, GST status and bank account details. The Organisation undertakes to arrange payment of an invoice within 14 days from receipt of a valid invoice. 

2.4 The Performer may elect to donate the Fee to the Organisation in order to assist with the funding of the Festival. The Performer acknowledges that the Organisation is a volunteer-run not for profit organisation that relies heavily on community fundraising to stage the  Festival. If the Performer does not invoice the Organisation within 30 days of the completion of the Festival Dates, the Performer will have been deemed to have donated the Fee to the Festival. 

 2.5 The Organisation may elect to reduce the Fee if the Performer has not performed the Session in accordance with the Session brief or otherwise in breach of clause 1.4.

2.6 Taxes

  1. After the completion of the Session, the Performer must issue the Organisation with a Tax Invoice (as it is defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) (“GST Act”).
  2. Unless expressly stated otherwise, the consideration for any supply under or in connection with this agreement is exclusive of GST.
  3. To the extent that any supply made under or in connection with this agreement is a taxable supply (other than any supply made under another agreement that contains a specific provision dealing with GST), the amount payable by the recipient is the consideration provided under this agreement for that supply (unless it expressly includes GST) plus an amount (Additional Amount) equal to the amount of that consideration (or its GST-exclusive market value) multiplied by the rate at which GST is imposed in respect of the supply.
  4. The recipient must pay the Additional Amount at the same time as the consideration to which it is referable, and on the issue of an invoice relating to the supply.
  5. Whenever an adjustment event occurs in relation to any taxable supply to which Clause 2.6(D) applies:
    1. the supplier must determine the amount of the GST component of the consideration payable; and
    2. if the GST component of that consideration differs from the amount previously paid, the amount of the difference must be paid by, refunded to or credited to the recipient, as applicable.
  6. If either party is entitled under this agreement to be reimbursed or indemnified by the other party for a cost or expense incurred in connection with this agreement, the reimbursement or indemnity payment must not include any GST component of the cost or expense to the extent that the cost or expense is the consideration for a creditable acquisition made by the party being reimbursed or indemnified.

3. EXPENSES & PROVISIONS

3.1 In consideration of the Performer attending the Festival and undertaking the Sessions the Organisation agrees to pay for the following:

    • Travel and accommodation costs will need to be negotiated and approved with the Festival in advance, where appropriate. These provisions will not be applicable to all Performers.
  • Refreshments will be provided to Performers while they are performing, where possible.

3.2 The parties will agree prior to the incursion of any expenses whether:

(i) the Organisation will arrange and pay for the expenses; or

(ii) the Performer will arrange the bookings in accordance with the budget set between the Performer and the Organisation, and will issue the invoice to the Organisation in accordance with clause 2.2.

3.3 If the Performer elects to exceed the budget agreed between the parties in respect of any expenses, the Performer acknowledges and agrees that the Performer will be solely responsible for that cost and may not recuperate that amount from the Organisation. 

4. PROMOTION

4.1 The Organisation may use the Performer’s name, pseudonym, approved photographs and approved biography for promotion and publicity purposes.  The Performer (or his/her representative) agrees to provide the Organisation with the following by no later than 14 February 2024.

  • Summary biography (max 50 words)
  • A high-resolution portrait photograph (square jpeg preferred)
  • If the Performer is an author, reading copies of the Performer’s latest book (to be provided to festival organisers and moderator, address and amount required will be supplied)

The Performer grants the Organisation a non-exclusive licence to use and reproduce the biography and headshot in connection with the business practices of the Organisation (including but not limited to the 2024 Festival). 

4.2 The Performer must not publicise the Performer’s involvement in the Festival until after the Festival program has been formally released. The Organisation will notify the Performer once the Festival program has been formally announced. The Performer is welcome and encouraged to promote the Festival @wordsonthewaves #wordsonthewaves and their involvement in it through their own networks and social media channels after the formal announcement of the Festival.

5. MEDIA

5.1 Subject to clause 4.2, the Performer may participate in press interviews and publicity opportunities in order to help increase the profile of the Festival.

6. TECHNICAL REQUIREMENTS

6.1 If specific technical requirements are needed by the Performer for the Session, the Performer must notify the Organisation in writing by sending an email to program@wordsonthewaves.com.au at least 30 days prior to the commencement of the Festival. The Organisation will confirm in writing (via email) if it is able to provide the technical requirements requested.  The Organisation is not obliged to provide any additional technical requirements.

7. RECORDING/COMMUNICATION RIGHTS

7.1 The Performer consents to the Sessions being recorded by audio and/or audio-visual means and grants the Organisation permission to edit and use the content comprised in the Sessions in perpetuity throughout the world for the purposes of promoting the Festival, future festivals, the Organisation, the Central Coast region and for archival purposes, in any manner and in any media including communication to the public via a live feed, radio, television, podcast, festival website, social media, educational platforms, school programs and online.

7.2 The Performer retains all intellectual property rights in their written works which are the subject matter of the Session, but grant the Organisation a right to reasonably promote the written works in connection with the promotion of the Festival or any future festival conducted by the Organisation.

8. MORAL RIGHTS

8.1 The Performer asserts the Performer’s moral rights in the Performer’s contribution to the Sessions.

8.2 The Performer acknowledges and agrees the Organisation will attribute the Performer’s role in the Sessions in any secondary materials (photographs, videos, audio, text or reviews) which are created by or on behalf of the Organisation in connection with the Festival. 

Moral rights means the rights conferred by Part IX of the Copyright Act 1968 (Cth).

9. INSURANCE & VISA

9.1 The Organisation will ensure it has adequate and appropriate insurance in relation to the Sessions including, but not limited to, public liability insurance, employers liability and workers compensation.

9.2 It is the responsibility of the Performer to ensure that the Performer has adequate travel insurance, personal accident insurance and undergoes any requisite testing (for example Covid-19 tests) before travelling if required by the applicable authorities.

9.3 It is the responsibility of the Performer to obtain any withholding tax certificates if applicable and to arrange any travel visas and work permits that may be needed to enter Australia and New South Wales as part of the Performer’s Festival visit. 

10. MERCHANDISE

10.1  If the Performer is an author,  the author agrees that the Organisation or its partner book shop has the right to sell the Performer’s books at the Festival venue/s during the Festival and that the Organisation may retain a percentage profit margin made from the sale of such books, if agreed to by the partner book shop.

11. TERMS & TERMINATION

11.1 This agreement commences on the date signed by both parties and continues until the earlier of:

(i) the termination of this agreement by either party; and

(ii) 60 days after the end of the Festival Dates.

11.2 If the Organisation wishes to cancel the Performer’s Sessions for any reason the Organisation will notify the Performer and confirm the cancellation in writing (email is sufficient).  The Organisation will reimburse the Performer in full for any bona fide travel expenses already incurred by the Performer in relation to the Festival save for any  hotel quarantine or self quarantine costs and costs associated with quarantine.  The Organisation will pay the Performer within 21 days from receipt of an invoice detailing such expenses together with valid receipts or proof of purchase. For the avoidance of doubt, the Organisation will not be liable to pay the Performer any other costs as a consequence of terminating this agreement.

11.3  If the Performer cancels, refuses or neglects to attend the Sessions for whatever reason, the Performer will be required to reimburse the Organisation for any expenses already incurred by the Organisation in relation to the Performer’s attendance at the Festival including,  airfares, ground transport booking fees and accommodation booking fees. 

11.4  If the Performer is engaged to undertake more than one Session and the Performer fails to attend all of the Sessions, or the Organisation cancels one or more of the Sessions, the Organisation will pay the Performer  for the Sessions that the Performer has attended and contributed to.

11.5 The Organisation may elect to terminate this agreement at any time if the Organisation reasonably considers that the Performer’s manner of conduct or behaviour may bring the Festival into disrepute or if the Performer’s conduct is inconsistent with it having the intention or ability to give effect to the terms of this agreement. 

12. FORCE MAJEURE

12.1 Subject to clause 12.3, this agreement shall be deemed null and void if either party’s material performance is substantially delayed or becomes impossible or impractical because of or by reason of any act of God, fire, flood, earthquake, strike, civil commotion, an act of government, pandemic, lock-out directly affecting the Festival venue, lock-down directly affecting the Festival, closure of the State of New South Wales regional or State borders, or Covid-19 requirements directly affecting the Festival including quarantine regulations and social distancing.

12.2  If the Organisation cancels Sessions due to a force majeure event the Organisation will reimburse the Performer in full for any bona fide travel expenses already incurred by the Performer in relation to the Festival save for any  hotel quarantine or self quarantine costs and costs associated with quarantine.    The Organisation will pay the Performer within 21 days from receipt of an invoice detailing such expenses together with valid receipts or proof of purchase.  For the avoidance of doubt, the Organisation is not liable to pay the Performer for any additional costs that the Performer may incur as a result of the force majeure event including quarantine, accommodation or rerouting travel costs.

12.3  The Performer acknowledges and agrees that if possible, it is the Organisation’s intention to stage the Festival digitally in the event that it is impossible or impractical for the Festival to be held in the Central Coast on the Festival Dates.   The Performer agrees to be available to attend and contribute to such digital Sessions at the agreed times.  If the Organisation is able to hold some but not all of the Sessions in the Central Coast, the Performer agrees to be available to attend and contribute to digital Sessions at the agreed times. If a force majeure event prevents the Organisation from staging the Festival virtually this agreement shall be deemed null and void.

13. WARRANTIES

13.1 The Performer warrants that the Performer will comply with all of the terms of this agreement including obtaining the Organisation’s approval where stated. 

13.2  The Performer warrants to comply with any Covid-19 requirements of the Organisation and the Government of the State of New South Wales from time to time including proof of Covid-19 testing prior to travelling if required, provision of face masks should they be required during the Festival, and downloading and using the Service NSW App.

13.3  If the Performer is an author, the Performer warrants that the Performer’s  work to be discussed during the Sessions is original, is not defamatory and does not infringe the intellectual property rights of third parties including copyright and moral rights.

13.4  The Performer warrants that the Performer is not bound by any agreement and will not enter into any agreement that prevents or inhibits the  Performer from fulfilling the Performer’s obligations under this agreement.

13.5 The Performer warrants that the Organisation will not be liable to pay any costs the Performer may incur as a consequence of Covid-19, other than as set out in clauses 11.1 and 12.2.

13.6 The Performer warrants there are no circumstances to which it is aware and has not disclosed to the Organisation which may negatively affect the Festival.

14. CONTACT

14.1 Any enquiries in relation to the Festival should be directed to: 

Angela Bennetts

Festival Director

Words on the Waves Writers Festival
1/234 West Street
UMINA BEACH, NSW 2257
Australia

Mobile: 0413 079 283

Email: program@wordsonthewaves.com.au

Any communications to the Performer will be made to the email address listed on the front page of this agreement.

15. GENERAL

15.1  There is no partnership, joint venture or contract of employment between the parties.   

15.2 Each of the provisions in this agreement are severable so that if any provision of this agreement shall be found to be invalid or unenforceable the same shall not affect the validity or enforceability of the remaining provisions.

15.3  This agreement sets out the entire agreement between the parties in relation to its subject matter and supersedes and cancels all prior arrangements, agreements and negotiations between the parties.  This agreement may only be varied by written agreement signed by both parties.

15.4  If the Performer’s representative signs this agreement on behalf of the Performer, the Performer hereby represents and warrants that such representative is duly authorised to sign this agreement on behalf of the Performer. The Performer may not subcontract or assign any of its obligations under this agreement.

15.5 Words in the singular include the plural and vice versa.

 15.6 If a word or phrase is defined, its other grammatical forms have corresponding meanings.

15.7 Headings and bold print are for reference only and do not affect interpretation.

15.8 If any form of the word ‘include’ is used, it is to be read as if followed by the words ‘without limitation’.

15.9  This agreement shall be construed in accordance with the laws of New South Wales whose courts shall have exclusive jurisdiction.

The parties tick YES on the Information Form to acknowledge their acceptance of and agreement with the terms and conditions of this agreement.