When you book an ensemble with us to perform at your event, you agree to:
1) provide performance facilities which are adequate for the health and safety of the Musicians and their equipment. For outdoor performances, temperature must be between 15-30 degree Celsius with no precipitation. We recommend having some kind of coverage to protect the Musicians against light rain and/or direct sunlight on hot days.
2) authorize Trent Reschny to replace any musician(s) including himself who, by illness, absence, or for any other personal or professional reason, does not perform or can not perform any or all of the services contracted for herein without liability to the purchaser.
GOVERNING STATUTES AND OTHER LEGAL REQUIREMENTS:
Either signatory party to this contract may initiate proceedings in a Canadian court of competent jurisdiction to have any disputed matters adjudicated. For purpose of adjudication and unless otherwise agreed to by the parties in writing, this contract and all matters arising hereunder shall be governed by and construed in accordance with the laws of the Province or Territory in which the performance(s) occurs and the laws of Canada applicable therein. If any provision of this contract is determined at any time by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision or part thereof shall be severable from this contract and the remainder of this contract will remain in full force and effect and will be construed as if such invalid, illegal or unenforceable provision or part thereof had been deleted here from. This agreement supersedes any and all other oral or other written contracts or representations between the parties and it shall not be altered further, except by an amendment in writing signed by all the parties hereto. No party hereto will be held liable for delay, loss damage or non-fulfillment of the terms of this contract if and to the extent that such delay, loss damage or non-fulfillment is caused by an occurrence beyond the reasonable control of such party, including but not limited to proven sickness or accident to any Musician(s), delay of transportation services or accident to means of transportation, riots, strikes, epidemics, acts of God, compliance with any act, regulation, order or request of any
governmental authority or agency, or any other causes, whether direct or indirect, not within the reasonable control of such party, and which by the exercise of reasonable diligence such party is unable to prevent such delay, loss damage or non-fulfillment of the provisions of this contract or otherwise to be rendered by such party hereto. Exempt from these force majeure provisions are engagements contracted as open air performance(s)s wherein the weather being unpredictable, the payments specified herein are payable by the Purchaser unless expressly provided for otherwise in writing, by all parties hereto. Furthermore, any Musician(s) who are parties to or affected by this contract, whose performance(s) and/or services are covered hereunder, who are prevented, suspended or stopped by reason of any strike, ban, unfair list or order or requirement of the AFM, shall be free to accept and engage in other performance(s) for other purchasers of music or other leaders without any restraint,
hindrance, penalty, obligation or liability hereunder whatsoever, notwithstanding any other provisions of this contract to the contrary. All parties to this contract acknowledge that: the performance(s) herein contracted are provided by self-employed/independent contractors and that fees paid herein are not subject to individual income tax deductions or standard employment related benefits. The method of distributing the fees contracted herein, or any other term(s) or conditions(s) detailed within this contract, shall not imply, infer, or be construed in a manner so that the Musician(s) performing hereunder are deemed to be other than independent contractors in the absence of a written agreement to the contrary. HST shall be calculated on the total amount and distributed to individual musicians with HST numbers, and/or paid directly to CRA.