Common use of Breach of Agreement and Remedies Clause in Contracts

Breach of Agreement and Remedies. 9.1 All terms and conditions recorded in this agreement are deemed to be material terms of the agreement and should any party at any stage wish to prove the contrary, the onus of such proof shall rest on such party. 9.2 DJ’s at its sole and absolute discretion may elect to cancel this agreement immediately should the performer fail to comply with any of the terms and conditions recorded herein. 9.3 Alternative to the above, DJ’s may elect to xxxx the following penalties on the performer: 9.3.1 Failing to attend to an assignment R500.00. 9.3.2 R100.00 for every 15 (fifteen) minutes that the performer arrives late to an assignment. 9.4 Should the performer leave the assignment before being allowed to do so shall result in the performer forfeiting his entire earnings (fees) to DJ’s. 9.5 The performer acknowledges that his failure to arrive on time or at all at an assignment or specific appointment could result in the Agent electing to hold the performer liable for the full production costs which could easily exceed R100 000.00. 9.6 Without waiving any rights or remedies under this agreement or otherwise, DJ’s and the performer may from time to time recover, any damages arising out of any breach of this agreement by the other party. 9.7 Failure by the performer to arrive at auditions after agreeing to attend will result in a fine as another performer could attend same audition, our data base which is national has a section which agent and casting agents are able to type in a specific category reliable or not reliable, this will definitely affect your ability to attend auditions, if not reliable is ticked – this will entitle DJ’s to cancel this agreement and remove the performer from its books. 9.8 Failure by the performer to arrive at a specific appointment, for example, (a closed audition) which appointment the performer has specifically been requested to attend will result in DJ’s charging the performer a penalty levy in the amount of up to R500 -00 (five hundred rands).(unless told to DJ’s timeously) 9.9 If artist does attend audition or meeting on behalf of DJ’s and another job is confirmed via the client, or person (company) at audition or after the audition (meeting) – DJ’s must be informed and is entitled to full commission of those jobs, productions. 9.10 Artiste not to call client, only DJ’s bookers to call clients. 10 RELATIONSHIPS BETWEEN PARTIES 10.1 Nothing in this agreement can be construed to create an employer / employee relationship between DJ’s and the performer. 10.2 The performer acknowledges that: 10.2.1 He is not entitled to any of the benefits payable by DJ’s to its employees including but not limited to medical aid, leave pay, sick leave and pension; 10.2.2 This agreement records the relationship between DJ’s and the performer re commission earned by the agent securing an assignment for the performer with the Agent, which is dependent on the Agent making payment. 10.3 This agreement does not constitute a partnership of any kind between the respective parties. 10.4 The performer shall have no right to claim payment for an assignment from DJ’s in the event of the Agent failing to pay for such assignment.

Breach of Agreement and Remedies. 9.1 All terms and conditions recorded in this agreement are deemed to be material terms of the agreement and should any party at any stage wish to prove the contrary, the onus of such proof shall rest on such party. 9.2 DJ’s at its sole and absolute discretion may elect to cancel this agreement immediately should the performer fail to comply with any of the terms and conditions recorded herein. 9.3 Alternative to the above, DJ’s may elect to xxxx levy the following penalties on the performer: 9.3.1 Failing to attend to an assignment R500.00. 9.3.2 R100.00 for every 15 (fifteen) minutes that the performer arrives late to an assignment. 9.4 Should the performer leave the assignment before being allowed to do so shall result in the performer forfeiting his entire earnings (fees) to DJ’s. 9.5 The performer acknowledges that his failure to arrive on time or at all at an assignment or specific appointment could result in the Agent electing to hold the performer liable for the full production costs which could easily exceed R100 000.00. 9.6 Without waiving any rights or remedies under this agreement or otherwise, DJ’s and the performer may from time to time recover, any damages arising out of any breach of this agreement by the other party. 9.7 Failure by the performer to arrive at auditions after agreeing to attend will result in a fine as another performer could attend same audition, our data base which is national has a section which agent and casting agents are able to type in a specific category reliable or not reliable, this will definitely affect your ability to attend auditions, if not reliable is ticked – this will entitle DJ’s to cancel this agreement and remove the performer from its books. 9.8 Failure by the performer to arrive at a specific appointment, for example, (a closed audition) which appointment the performer has specifically been requested to attend will result in DJ’s charging the performer a penalty levy in the amount of up to R500 -00 (five hundred rands).(unless told to DJ’s timeously) 9.9 If artist does attend audition or meeting on behalf of DJ’s and another job is confirmed via the client, or person (company) at audition or after the audition (meeting) – DJ’s must be informed and is entitled to full commission of those jobs, productions. 9.10 Artiste not to call client, only DJ’s bookers to call clients. 10 RELATIONSHIPS BETWEEN PARTIES 10.1 Nothing in this agreement can be construed to create an employer / employee relationship between DJ’s and the performer. 10.2 The performer acknowledges that: 10.2.1 He is not entitled to any of the benefits payable by DJ’s to its employees including but not limited to medical aid, leave pay, sick leave and pension; 10.2.2 This agreement records the relationship between DJ’s and the performer re commission earned by the agent securing an assignment for the performer with the Agent, which is dependent on the Agent making payment. 10.3 This agreement does not constitute a partnership of any kind between the respective parties. 10.4 The performer shall have no right to claim payment for an assignment from DJ’s in the event of the Agent failing to pay for such assignment.