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PDM Music - General
| 1.1 |
No images, text
or contents are to be lifted from this website unless
permission is granted in writing. |
| 1.2 |
In the following
Terms & Conditions, "we", "our",
"us", etc. refer to the relevant division PDM
Music. "You", "your",
"band", etc. refer to you as our customer, whether
as individuals or accepting and agreeing your collective
responsibility as a band or Artist(s). |
| 1.3 |
PDM Music is a
not for profit organisation established to support and
develop new independent music and musicians. |
| 1.4 |
LoiTone
Recordings is a not for profit division of PDM Music established
to support and develop new independent music and musicians |
| 1.5 |
The
administrative base of PDM Music is 89, Third Ave, Luton,
Beds, LU3 3ER. |
| 1.6 |
The management of
PDM Music is undertaken by a voluntary committee consisting
of an Artist & Performance Manager, Secretary and up to
five Artist & Performance Advisors. |
| 1.7 |
Committee members
roles are unpaid however reasonable expenses will be
refunded for expenses incurred in the furtherance of
achieving the aims of PDM Music. |
| 1.8 |
By working with PDM Music you have agreed,
whether in writing or not, that you have read, understood
and agree to these PDM Terms and Conditions |
| 1.9 |
Diversity and Equality Statement
We value diversity. We aim to comply with all diversity
and equalities legislation, and we will work, where it's
reasonable for us to do so, to promote diversity and
equality in all our dealings, both in how we manage the
organisation and how we provide our services. We
have a zero tolerance policy on bands/artists that we
consider to be performing songs, giving statements on stage,
or encouraging behaviour that we consider to be
discrimination based on Race, Gender, Disability, Sexuality,
Faith or Belief or Age. We understand that sometimes there
are artistic reasons for such an approach to be taken by
bands/artists and expect, where this is the case, that the
band/artist contacts us in advance to discuss their work and
it's objectives. We will have the final say on whether, or
not, that work will go ahead. We reserve to right to stop a
performance at any time based on this policy. |
PDM:Live
| 2.1 |
In the event that
you have to cancel your appearance, we would appreciate
notice as soon as possible. We will not charge for any last
minute cancellations, but such actions may affect your
chances of appearing in future promotions. |
| 2.2 |
In the event of
the cancellation of an event, we will endeavour to notify
the participating bands as soon as possible. However, it
should be noted that occasionally cancellations can happen
at the very last minute. In either situation, we will not be
responsible for loss of earnings, nor reimbursement of any
expenses incurred by the bands in attending a cancelled
event. |
| 2.3 |
Any queries or
disagreements over band payment must be addressed on the
night of the event. We will not enter into discussions after
the event. Payments will be made in strict accordance with
our payments guidelines (see Payments on Para 2.14 below). |
| 2.4 |
We reserve the
right to use your band's name and where applicable,
likeness, logos and website links, in our promotional
literature. This includes but is not limited to leafleting,
press advertising and features. |
| 2.5 |
Breakages. If you
break (this does not include fair wear and tear) equipment
that we provide you will be required to pay the full cost of
replacement at the event before leaving. If you do not have
funds available we will take from you equipment, of our
choice, of a greater value than the broken equipment and
will hold that equipment until you have paid us. If you have
not paid within one calendar month you are agreeing to the
transfer of ownership of the held equipment as full and
final payment for the broken equipment. |
| 2.6 |
Bands agree to
their performance being photographed (digital still
photography only) by us for promotion purposes. Any
photographs used may be placed on the PDM Flickr gallery (www.flickr.com/pdmmusic)
and we give permission for bands to copy those
photographs for their own use, subject to the Creative
Commons licence attached to each photograph. PDM Music retains
copyright on all photos taken (whether placed on the PDM
Flickr gallery or provided to bands on CD or
electronically). |
| 2.7 |
Bands agree to
their performance being recorded by us for promotion
purposes, to include, but not exclusively, the inclusion of
songs from the bands performance on CDs or our internet
sites. Copyright of the songs will remain the
property of the copyright owner. Copyright of the recorded
performance will belong to PDM Music through
LoiTone Recordings. |
| 2.8 |
Sound
levels have to be set in accordance with licensing
requirements. We retain the right to demand a
reduction in sound levels at any time. |
| 2.9 |
We
cannot take any responsibility for loss or damage
of personal or company property |
| 2.10 |
The
Artiste will provide telephone details including, where
possible, a mobile telephone number to be used to make
contact in out of hours periods in the event of urgent
contact being needed |
| 2.11 |
- You
shall indemnify us against all third party
claims made arising from your personal performance and
actions.
- You
must maintain at your own cost a comprehensive policy of
insurance to cover your liability in respect of any act
or default for which you become liable to indemnify us under the terms of this agreement.
|
| 2.12 |
Bands are solely
responsible for ensuring that any tax liability due as a
result of them being paid for performing is paid. |
| 2.13 |
We
shall have the right to withhold, without liability for
compensation or damages, payment of the engagement fee if
the terms of this agreement are breached |
| 2.14 |
Where PDM Music
are the sole promoter and responsible for setting
entrance rates and payment terms the following payment terms
will apply:
- At
the Hat Factory 50% of the net door goes to the Hat Factory
and PDM Music to cover their costs and
the remaining 50% is split evenly between the bands.
- For the Headliner* gigs,
the Hat Factory will take 25% of net door, PDM will take
20% and of the remaining money 50% will go to the
Headline band and the remaining 50% will be split
equally between the two support bands.
- Every
now and then we will work with other people to put on
charity, cause or showcase gigs where there is free
admission and bands don’t get paid. Bands will
volunteer for these and the terms will be explained
before the bands sign up to do the gig.
- We
reserve the right to alter these arrangement or make
alterative payment arrangements but will always notify
bands of changes (if agreement has already been reached)
to obtain their agreement or (where we're officering a
gig under alterative payment arrangements) we'll make
the payment arrangements clear to the bands before confirming
the gig.
PDM will always be
as clear as we can about how we structure payments so that
bands can make informed choices.
Bands
will be required to sign for receipt of payments and by
signing they reaffirm their agreement to having read, understood and
agreed to these PDM Terms and Conditions. If bands, unless
by arrangement with PDM Music, do not collect any monies due
to them at the end of the show it will be taken that the
band is donating those monies to PDM Music in furtherance of
our work.
*
Headliner gigs are pre-agreed with bands that can bring a
minimum or 40 people to the gig and where that band will get
an extended set length and extra payment in return.
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| 2.15 |
Where PDM Music
are not the sole promoter and/or are not
responsible for setting entrance rates and payment terms,
the payment terms that will apply will be the ones of the
Promoter and/or venue that is being used and PDM will notify
bands of those payment rates at the time of booking. |
| 2.16 |
Bands are subject
to the licensing conditions of the venue that they are
performing in and bands where there is a dispute it will be
the Landlord/Manager of the venue, or their representative,
that has final say. |
| 2.17 |
Bands are
responsible for the security of their equipment at all
times. PDM will not be responsible for harm, loss or damage
to equipment except where PDM or it's representatives are
directly and personally responsible for any harm, damage or
loss and in that situation it will be the individual that is
liable and not PDM Music. |
PDM:Futures
| 3.1 |
Bands involved in the shared release singles project will
have a separate contract issued to them which will take
priority over these T&Cs where there is a difference. |
| 3.2 |
Work undertaken in partnership with the
Headstart Project will be subject to the Headstart T&Cs available
from their website at http://www.headstartproject.org/ |
| 3.3 |
Bands involved in
album release projects will
have a separate contract issued to them which will take
priority over these T&Cs where there is a difference. |
Created 15th April 2005
Updated 23rd
September 2007: 1.3 to 1.7
added. PDM:Live and PDM:Futures renumbered
Updated 28th October
2007: 1.8 and 1.9 added and 2.14 amended to fit this. PDM Music Services
changed to PDM Music throughout.
Updated 8th January
2009 - 2.6 "Gallery page of our
website" changed to "PDM Flickr gallery". Reference
to the Creative Commons License linked to each photograph added.
Updated 15th February
2009 - 2.14 amended to include "If bands, unless by arrangement
with PDM Music, do not collect any monies due to them at the end of
the show it will be taken that the band is donating those monies to
PDM Music in furtherance of our work."
Updated 9th April
2009 - 2.17 added.
Updated 10th October
2009 - 2.14.2 added and 2.14.1 to .4 renumbered as a consequence.
Headliner gig definition added. 3.3 added.
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