Terms and Conditions

These Terms and Conditions were updated on 22 January 2024.

1. Introduction

1.1. The subsequent terms and conditions, which include a reference to the Agency’s Privacy Notice (Notice) pertinent to the Agency’s representation of the Artiste, govern the relationship between the Artiste and the Agency (collectively referred to as the “Contract”).

1.2. Upon submission of the Online Form, the Artiste is required to indicate acceptance of these Terms and Conditions by selecting the appropriate option.

1.3. Any amendments to the Contract must be agreed upon in writing by the Agency.

1.4. Nothing in the Contract shall impair any condition or warranty, whether express or implied.

1.5. Nothing in the Contract shall be interpreted as establishing a partnership or joint venture between the parties.

1.6. The Artiste shall operate in the capacity of an independent contractor.

2. Definitions

• “Agency” refers to Zane’s Artist Management.
• “Agency Fee” denotes the agency fee specified in clause 4.1.
• “Artiste” pertains to the individual who submits an application for representation.
• “Artiste’s Image” encompasses all reproductions, adaptations, or derived representations.
• “Assignment” signifies any services requested by a Client.
• “Client” denotes any third party that contracts with the Agency.
• “Commencement Date” indicates the date on which the Artiste submits the Online Form.
• “Effective Date” refers to the date on which the Artiste submits their information.
• “Fees” denotes the remuneration owed to the Artiste.
• “Renewal Fee” pertains to the renewal fee defined in clause 4.3.
• “Representation” denotes the representation provided by the Agency.
• “Term” refers to the duration of the Contract.
• “Usage Renewal” signifies the continued use of the Artiste’s featured image.

3. Appointment

3.1. The Artiste appoints the Agency as their representative from the Commencement Date.

3.2. The Artiste does not confer upon the Agency the status of sole and exclusive agent.

• 3.3.1. Negotiate and finalize agreements with Clients.
• 3.3.2. Negotiate, quote, and finalize agreements related to Usage Renewals.

3.4. The Agency has the exclusive authority to collect all gross income resulting from Assignments.

4. Agency Fee and Usage Renewal Fee

4.1. The Agency is entitled to an agency fee in respect of each Assignment.

4.2. The Agency Fee shall be 25% of the gross income of an Assignment.

4.3. The Agency is entitled to a fee for each Usage Renewal.

4.4. The Usage Renewal Fee shall be between 15-25% of the gross income of a Usage Renewal.

5. Payment of Fees

5.1. The Agency collects all gross income from Assignments and Usage Renewals.

5.2. The Agency will deduct its fees and other expenses before paying the Artiste.

5.3. Payment to the Artiste will be made within 30 days after receiving payment from the Client.

5.4. The Agency cannot be held liable for payment delays caused by the Client.

6. Artiste Obligations

• 6.1. The Artiste shall act professionally at all times.
• 6.2. The Artiste shall attend Assignments on time.
• 6.3. The Artiste shall not consume alcohol or drugs during Assignments.
• 6.4. The Artiste shall comply with health and safety regulations.
• 6.5. The Artiste is responsible for their own transport.

7. Agency Obligations

• 7.1. The Agency shall endeavor to secure suitable Assignments.
• 7.2. The Agency shall provide representation with care and skill.
• 7.3. The Agency will contact the Artiste with Assignment offers.

8. Reproduction Rights

8.1. The Artiste authorizes the Agency to modify and distribute their images.

8.2. The Agency may use third-party platforms to promote the Artiste.

9. Termination

9.1. The Contract remains in effect until terminated.

9.2. The Agency may terminate the Contract if the Artiste fails to meet obligations.

9.3. The Artiste may terminate the Contract with written notice.

9. Termination

9.3. The Agency shall be entitled to terminate the Contract for any reason at any point during the Term for any reason whatsoever.

9.4. The Artiste shall be entitled to terminate the Contract at any point during the Term by giving notice in writing save for the condition that the Artiste shall be required to complete any Assignment agreed prior to notification of termination.

9.5. Either party may terminate the Contract by notice in writing to the other if:

• 9.5.1. the other party commits a material breach of the Contract and, in the case of a breach capable of being remedied, fails to remedy it within a reasonable time of being given written notice from the other party to do so; or
• 9.5.2. the other party commits a material breach of the Contract which cannot be remedied under any circumstances; or

9.6. Any rights to terminate the Contract shall be without prejudice to any other accrued rights and liabilities of the parties arising in any way out of the Contract as at the date of termination.

10. Effect of Termination of Contract on Representation

• 10.1. Agency shall no longer represent Artiste in relation to new Assignments.
• 10.2. Agency shall continue to represent Artiste in relation to any Usage Renewals existing at the time of termination as well as Usage Renewals which occur following termination of the Contract in relation to Assignments concluded during the term of the Contract.

11. Warranties

• 11.1. Both parties warrant their authority to enter into this Contract and have obtained all necessary approvals to do so.
• 11.2. The Artiste warrants that the information provided to the Agency in the Contract is complete and truthful.

12. Privacy Statement

The Agency is committed to safeguarding the privacy of the Artiste. The Agency’s Privacy Notice, which is accessible at https://zanesartistmanagement.co.za/, is incorporated by reference into these Terms and Conditions, forms part of these Terms and Conditions, and explains the Personal Information processing practices of the Agency insofar as it relates to the Contract.

13. Limitation of Liability and Indemnities

• 13.1. The Artiste acknowledges and agrees that the Agency shall not be liable for Client’s credentials, guarantees and actions made to the Artiste in respect of or in connection with an Assignment.
• 13.2. The Agency shall not be liable for any direct, indirect or consequential loss or damage occasioned by the Artiste or any third party howsoever caused, as a result of any negligence, breach of contract or for any other reason, even if such loss was reasonably foreseeable and the Agency had been advised of the possibility of the loss occurring.
• 13.3. The Artiste undertakes to indemnify and keep fully indemnified the Agency at all times from and against any actions, proceedings, claims, demands, costs (to include without prejudicing the generality of this clause, the legal costs of the Agency), awards or damages howsoever arising directly or indirectly as a result of any breach or non-performance by the Artiste of any of the Artiste’s obligations, undertakings or warranties as set out in the Contract.
• 13.4. The Artiste hereby agrees to indemnify, defend, and hold harmless the Agency from any injury, loss or liability whatsoever including reasonable attorneys' fees and/or any other associated costs, from any action, claim, or demand that the Artiste or legal representatives, has or may have for any and all personal injuries the Artiste may suffer or sustain, regardless of cause or fault as a result of, arising out of, associated with, or resulting directly or indirectly from Artiste’s voluntary participation in or decision to participate in an Assignment, travel to and from the Assignment and any and all related activities, on or off of the location of the Assignment.
• 13.5. The Artiste hereby agrees to indemnify, defend, and hold harmless the Agency from liability whatsoever as a result of, arising out of death, injury or disability of the Artiste or any loss or damage to the Artiste’s personal clothing or effects whilst travelling to/from or during any Assignment they undertake.

14. GRIEVANCES

14.1. The Client has the right to contact the Agency with details of any grievances that they feel applicable to the Artistes on that Assignment. The Client in their discretion may reduce the payment of the Fee.

14.2. The Artiste agrees that in the event of any problem or disagreement whilst on an Assignment that they must inform the Agency immediately and not attempt to resolve the issue themselves.

15. FORCE MAJEURE

Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, global pandemics, strikes, lockouts, accidents, war, fire, breakdown of plant or machinery, or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

16. NO CESSION

The Artiste shall not be entitled to assign its rights or obligations or delegate its duties under this Contract without the prior written consent of the Agency.

17. THIRD PARTY RIGHTS

Nothing in these Terms and Conditions intend to or confer any rights on a third party.

18. SEVERABILITY

Any provision in this Contract which is or may become illegal, invalid, or unenforceable in any jurisdiction affected by this Contract shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be severed from the balance of this Contract, without invalidating the remaining provisions of this Contract or affecting the validity or enforceability of such provision in any other jurisdiction.

19. WAIVER

The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions.

20. NOTICES

Any notice to be given by either party to the other may be served by email, fax, personal service, or by post to the address of the other party given in the Online Form or such other address as such party may from time to time have communicated to the other in writing. If sent by email, unless the contrary is proved, it shall be deemed to be received on the day it was sent. If sent by fax, it shall be deemed to be served on receipt of an error-free transmission report. If given by letter, it shall be deemed to have been served at the time at which the letter was delivered personally. If sent by post, it shall be deemed to have been delivered in the ordinary course of post.

21. PUBLICITY

The Artiste agrees that they shall not, without prior written consent from the Agency, make public any information in connection with the business of the Agency or the Contract.

22. CONFIDENTIALITY

The Artiste will not at any time, whether during the currency of this Contract or at any time after the termination thereof, divulge any confidential information of the Agency or the Client to any person, organisation, or other Agency.

23. ENTIRE AGREEMENT

23.1. This Contract sets out the entire agreement and understanding between the parties in connection with the subject matter hereof and supersedes all prior agreements, if any, between them.

23.2. No addition to, variation, or consensual cancellation of this Contract shall be of any force or effect unless in writing and signed by or on behalf of each party.

24. GOVERNING LAW

The construction, performance, and validity of this Contract shall be governed by South African law, and the parties hereby submit to the exclusive jurisdiction of the High Court of South Africa (Western Cape Division, Cape Town) regarding any and all disputes arising in connection with this Contract.

25. ACKNOWLEDGEMENTS

25.1. The Artiste acknowledges that they have read these Terms and Conditions and fully understand and appreciate the contents hereof.

25.2. No interpreter was necessary, and The Artiste hereby fully approves the electronic submission method as their signature.

25.3. The Artiste hereby warrants that they are duly authorised (above 18 years) to enter into the Contract and confirm that by signing below via the online application form and submitting their details, they agree to the Terms and Conditions of the Contract and grant the Agency Power of Attorney in respect of contracts negotiated for Assignments on their behalf.

25.4. Submitting their details to Zane’s Artist Management shall be treated as if the Contract has been personally authorised and signed by the Artiste.