The NZ Session Collective Terms of Trade
This document establishes the terms of engagement between the NZ Session Collective, hereinafter referred to as "the Company", and its clients, hereinafter referred to as "the Client".
Overview
The NZ Session Collective provides a curated platform for clients to engage premier musicians for a spectrum of musical services, from studio recordings to live performances and more.
Service
Each engagement with the Company is governed by a distinct Service Agreement. This agreement meticulously details the scope of the service, the compensation involved, scheduling, and other relevant terms that both parties must adhere to. It's imperative to note that these Terms of Trade are an integral component of every Service Agreement, ensuring clarity and mutual understanding.
Payment
To confirm our unparalleled services, a full payment is mandated upon booking. The methods and schedules for these payments will be detailed upon booking and are further elaborated in our Payment Schedule Policy. We understand the dynamics of business, but late payments will unfortunately accrue charges as per New Zealand's commercial standards.
Full payment is required upon booking to confirm our services.
Payment modalities and schedules are detailed upon booking and further elaborated in our Payment Schedule Policy.
Late payments will accrue a monthly fee of 1.5% on the outstanding amount or the maximum rate permitted by NZ law.
Cancellation
Life is unpredictable, and we understand that. Cancellations, however, necessitate a written notice. The structure of refunds is based on the notice provided, with necessary deductions for administrative charges:
Over 5 days' notice: Full refund, minus a 15% administrative charge.
Within 5 days: 30% refund of the total fee, minus a 15% administrative charge.
For those rare instances governed by Force Majeure, cancellations are addressed on an individual basis to ensure fairness to all parties involved.
Intellectual Property and Royalties
The sanctity of intellectual property is paramount. The rights of any music produced under our engagements are retained by the original copyright holder, in strict alignment with New Zealand's copyright laws. The rights of session musicians to royalties are explicitly defined in the Service Agreement, ensuring transparency and fairness.
Intellectual property rights of produced music are retained by the original copyright holder, as per NZ copyright laws.
Session musicians typically forgo royalties for studio recordings unless specified in the Service Agreement, or Session Release.
Dispute Resolution
In the unlikely event of disagreements or disputes, our first approach is always through mutual negotiation. If a resolution seems elusive, the dispute may then be escalated to mediation or arbitration, all within the confines of New Zealand's jurisdiction.
Confidentiality
Trust is the bedrock of our engagements. Both parties, therefore, pledge to maintain the utmost confidentiality. This encompasses business operations, specifics of the service, and any third-party information that might come into the purview during the course of service provision.
Liability
While we strive for perfection, in the rare event of discrepancies, our liability is capped at the total service fee paid by the client. This is in strict alignment with New Zealand's liability regulations.
Health and Safety
The safety and well-being of all parties involved are of paramount importance. Clients are entrusted with ensuring a safe and conducive environment for the musicians during performances or recordings. Any disregard for health and safety regulations may not only tarnish the engagement but also result in its termination without refunds. The NZ Session Collective, in its commitment to safety, reserves the right to inspect venues for compliance.
Force Majeure
Certain events are beyond human control. Neither party will be held responsible for non-performance due to such unforeseen circumstances, be it natural disasters, governmental interference, or global pandemics.
Independent Contractor Statement
Musicians engaged through The NZ Session Collective operate as independent contractors, ensuring clarity in their professional relationship with both the Company and the client.
Music and Public Performance Licences
Adherence to copyright laws and licensing agreements is non-negotiable. Clients are entrusted with the responsibility of securing all necessary music and public performance licences for their events or recording projects. This includes, but is not limited to:
Licences from organisations such as OneMusic or any other relevant licensing bodies for the public performance of music,
The reproduction of recorded music, or any other use of music protected under copyright law.
You agree to abide by all conditions stipulated in these licences and will provide us with proof of such licences when requested. Please note, any legal action or penalties incurred due to failure to secure appropriate licences will be borne by the client, not the NZ Session Collective.
Privacy Policy
In today's digital age, privacy is paramount. The NZ Session Collective values the privacy of its clients and musicians, ensuring data protection and confidentiality in line with New Zealand's stringent privacy laws.
Non-Exclusivity Clause
Engagements with the Company are non-exclusive. This ensures that both The NZ Session Collective and its musicians have the liberty to offer their services to other clients and engage in other professional activities.
Artificial Intelligence (AI) Policy
The Company is at the forefront of leveraging emerging technologies, including AI. By accepting these Terms of Trade, the client acknowledges the Company's use of AI technologies to enhance service delivery, internal operations, and client communication.
We understand the potential for AI to be used inappropriately or maliciously and are committed to implementing best practices to prevent such misuse. We will not employ AI in a way that infringes upon the rights of individuals or groups, or that contributes to unjust practices or outcomes.
As a responsible user of AI, the NZ Session Collective will:
Conduct ongoing reviews of our AI usage to ensure it remains ethical and beneficial.
Engage in continual learning and education about AI and its potential impacts.
Actively participate in discussions about the ethics of AI in the music industry.
This AI policy will be reviewed annually to reflect new developments in technology, law, and industry standards.
Amendment and Waiver
Change is the only constant. Any amendments to these Terms of Trade necessitate a written agreement, signed by both the Company and the client.
Breach of Contract
Contracts are sacred. In the event of a breach of these Terms of Trade or the Service Agreement by either party, the non-breaching party reserves the right to terminate the agreement, ensuring that the sanctity of the contract is upheld.
Additional Provisions
Every engagement is unique, and there might be specific needs, requests, or conditions relevant to the booking that haven't been addressed in the contract. Open communication is the key. Both parties are expected to communicate any such requirements before the contract is finalised. If unforeseen circumstances arise post the signing of the contract, they should be addressed in a manner that's fair and equitable to both parties.