Drum Theatre Tour Development
Values
Drum Theatre values the relationships it builds with artists and arts organisations, and acknowledges the value of presenting high quality performing arts to audiences in metropolitan Melbourne, particularly the South East growth corridor.
Drum Theatre supports an undertaking to abide by APACA’s code of conduct when indicating a desire to participate in tour development, and also wishes to underscore that tour development is seen as an undertaking that is made in a collaborative spirit with the aim of building relationships with our audiences, artists and arts organisations into the future. All negotiations and discussions (including those additional and ancillary to this tour development proposal) will be conducted in this spirit.
The attached undertaking to be part of a tour development proposal is made by Drum Theatre on behalf of the City of Greater Dandenong (CGD). Drum Theatre is owned and operated by the City of Greater Dandenong, its staff are employees of CGD, and Drum Theatre has a responsibility to the protocols and policies of CGD.
Our Understanding
Drum Theatre participates in tour development based on information obtained primarily via the Cyberpaddock/Long Paddock process. Whilst acknowledging things can change during any creative process, our programming decisions are based on the reasonable expectation that, subject to tour funding approval, and unless specified at the time of the tour funding application:
1. The Producer will present the performance described on the dates and at the times described
2. The highlighted key artists indicated to be involved in the production are available and committed to the touring production and will be scheduled to appear at Drum Theatre as part of the tour
3. The Producer shall limit the request for technical personnel and other staff to that which is described in the latest entry in the Long Paddock National Touring Forum booklet, or that which has been updated and attached to this agreement (ie at the time of tour development funding application)
4. The Producer shall provide program details, photographs, biographies and other information reasonably required by the Presenter for promoting the performance as reasonably requested by the Presenter at any time from the date of the tour development application and no later than 7 days following the announcement that touring funding has been successful
5. The Producer shall grant the Presenter reasonable access to the performer/s involved in the performance for the purpose of publicity photographs and/or promotional interviews before the date of the first performance specified in the Schedule
6. The Producer shall pay for all royalties and other licences associated with the performance including but not limited to Australian Performing Rights Association, and Live Performance Australia fees that are not the normal responsibility of the venue
7. Tour funding will meet all transportation, freight, living away and accommodation costs relating to the performance and there will be no request to the presenter to contribute in any way to these costs
8. The Tour Coordinator will give first opportunity to the Presenter’s accommodation providers prior to securing accommodation with any other providers taking into account what is provided against the base union standards and cost comparisons to equivalent accommodation in the locality
9. The Producer shall arrange and maintain current public liability insurance cover of at least $10,000,000.00 for the duration of the period covered by the dates of performance proposed and provide a copy to the Presenter a Certificate of Currency for this period.
10. The Producer warrants that, at the time of tour development, the Producer owns all performing rights associated with the performance in Victoria.
11. The Producer acknowledges that it shall be entitled to four complimentary seats for each performance.
12. The Tour Coordinator and Producer agree to include a clause in the contract with Presenter that clearly states if the Producer should wilfully cancel any performances included in this agreement after the date of signing of the agreement, the Producer shall be liable to make good all costs relating to marketing production and distribution incurred to the time of cancellation, all costs associated with refunding tickets purchased, including (but not limited to) staff to notify patrons, and any outstanding commitments relating to the presentation of the show that Drum Theatre has entered into in good faith on the assumption that the show would be performed as originally contracted. The Presenter Budget utilised for the tour development proposal to be guide as to the marketing expenditure proposed.
13. If the Producer wishes to sell merchandise in connection with the performance then the Producer shall pay to the Presenter a fee of 12.5% of the gross sales value of such merchandise together with the cost of the merchandise seller's fee.
Greg Hordacre
Director, Cultural Facilities
Drum Theatre
City of Greater Dandenong
10 November 2011