The Music Director Agreement serves as the primary contract between a performing arts organization and its artistic leader in Australia. This document is essential when engaging a Music Director who will have significant artistic control and leadership responsibilities within the organization. It comprehensively covers artistic direction, performance obligations, compensation, and intellectual property rights while ensuring compliance with Australian employment law, including the Fair Work Act 2009 and specific performing arts industry awards. The agreement is typically used by orchestras, opera companies, and other musical ensembles seeking to formalize their relationship with a Music Director, clearly defining the scope of artistic authority, performance requirements, and administrative responsibilities. It includes provisions for programming decisions, rehearsal schedules, public appearances, and the balance between the organization's needs and the Director's external commitments.
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1. Parties: Identifies the contracting parties - typically the organization/venue and the Music Director
2. Background: Context of the appointment and brief description of the organization and role
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Term: Details of the position, commencement date, and duration of appointment
5. Duties and Responsibilities: Comprehensive outline of the Music Director's core responsibilities and duties
6. Artistic Control and Programming: Scope of artistic authority and decision-making powers
7. Performance Requirements: Minimum number of performances, rehearsals, and other required appearances
8. Compensation and Benefits: Salary, benefits, allowances, and payment terms
9. Intellectual Property Rights: Ownership and usage rights of arrangements, recordings, and other creative works
10. Exclusivity and Other Engagements: Terms regarding exclusive service and permission for external engagements
11. Marketing and Publicity: Requirements for promotion, publicity appearances, and use of name/likeness
12. Termination: Grounds and procedures for contract termination by either party
13. Post-Termination Obligations: Obligations and restrictions following contract end
14. General Provisions: Standard legal clauses including governing law, notices, and amendments
1. Recording Rights: Specific terms for audio/visual recordings when the organization regularly produces recordings
2. International Tours: Terms for international performances and tours if the organization conducts international tours
3. Educational Duties: Requirements for educational programs and community engagement if part of the organization's mission
4. Guest Artist Selection: Process for selecting and engaging guest artists if this authority is delegated to the Music Director
5. Emergency Replacement: Procedures for temporary replacement in case of illness or emergency
6. Accommodation and Travel: Terms for housing and travel arrangements if the Director is relocating or requires regular travel
1. Schedule A - Compensation Details: Detailed breakdown of salary, performance fees, and benefits
2. Schedule B - Performance Calendar: Annual performance schedule and key dates
3. Schedule C - Permitted External Engagements: List of pre-approved or ongoing external commitments
4. Schedule D - Equipment and Resources: List of resources provided by the organization
5. Schedule E - Key Performance Indicators: Specific metrics and goals for evaluating performance
6. Appendix 1 - Organization Structure: Organizational chart showing reporting relationships
7. Appendix 2 - Venue Details: Information about performance venues and facilities
Relevant legal definitions
Clauses
Relevant Industries
Arts and Entertainment
Cultural Services
Performing Arts
Music Industry
Education and Training
Event Management
Non-profit Organizations
Entertainment Venues
Relevant Teams
Legal
Human Resources
Artistic Operations
Administration
Marketing and Communications
Production
Finance
Board Secretariat
Programming
Relevant Roles
Music Director
Artistic Director
Principal Conductor
Creative Director
Orchestra Director
Chorus Master
Ensemble Director
Opera Director
Concert Master
Artistic Administrator
Program Director
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