Legal Issues

Contracts

DEFINITION:an agreement between two or more parties that sets out their obligations and is enforceable by lawSPECIFIC REQUIREMENTS:- in writing- names of contracting parties, details and trading names- details of their service/product offered- terms of exchange for service/product- signature of both parties (indicating agreement and understanding of terms and conditions)

Contracts ...continued...

WHO & CONTRACT INCLUSIONS:- venue: SPECIALIST CLAUSES (compensate venue owner against damages), SECURITY DEPOSIT, cancellation penalties/refunds, access times, late conclusion of event penalty, free house seats for venue management, additions/alternations to internal structures, approvals for signage positions- entertainers: RIDERS (special attachments: food, drink, accommodations, transport to and from, not part of fee), EXCLUSIVITY CLAUSES (protect impact of event), agents must have written proof that they represent the act and can sign on they behalf- media/broadcasters: region of broadcast area, guarantees for performers copyright (normally controlled by record company), clashes with event sponsors, repeats, extracts, sub-licences, merchandising through CD, cable TV, Internet, accessibility at events, listed titles and credits- suppliers- client- sponsors: naming rights, signage, celebrity involvement, media, fee (+ method of payment), level of sponsor exclusivity, hospitality rights

Safety & Security: ERP 

EMERGENCY RESPONSE PLAN1. Chain of Command2. Site Plan3. First Aid Stations: indicated on site map 4. Evacuation5. Closing of Event6. Access for Emergency Vehicles: emergency access road (MUST BE KEPT CLEAR)7. Crowd Management An event MUST have a formal, written ERP which should adhere to Australian Standards- should be distributed to ALL event organisers, key stakeholders, police, emergency service personell

Safety & Security: OH&S

DEFINITIONoccupational health and safety concerns the health and safety of all persons at an event/workplace to prevent injury, loss of life, and reverberated results from such incidents. CONSULTATIONa two-way conversation between employers and employees that involves:- sharing information (timely manner, understandable to employees)- giving employees reasonable opportunity to express their views (encouraged to participate in problem-solving process)- taking employees views into account (employees should help shape decisions)WHO- employees- employers

Event Permit Process: City of Melbourne

Must have an event permit, therefore an approved event plan to stage any event within the City of MelbourneEVENT PLAN1. Event Overview2. Pedestrian Management Plan3. Emergency Management Plan4. Victoria Police5. Waste Management Plan6. Stakeholder Notification Plan7. Food/Beverage8. Alcohol9. Public Liability Insurance10. Temporary Structures & Occupancy Permits11. Street Trading12. Request for Reserved Parking or FundraisingSend application to City of Melbourne1,000 - 10,000 people: 3-6+ months prior10,000+ people: 6-12 months prior

Insurance

TYPES- weather- personal accident (volunteers)- public liability- directors liability- professional indemnity- property- valuables- workers compensation- suppliers liability- special equipment (not hired)- vehicles in car park

Regulations, Licences & Permits

Responsibility of Event ManagementLong lead time for obtaining permits & licencesThorough research required to ensure complianceEXAMPLES- Liquor Licensing- Health Permits: food, smoking, toilets- Building Regulations: scaffolding, tents- Fire Authority: fire reels, extinguishers, fire truck access- Police Act: vehicle access, crowd control, noise pollution- Local Government By-laws: signage, streets closure, planning permits (erection of stalls, fences, stages)- Australian Performing Rights Association (APRA) Permits- EPA legislation- Pyrotechnics Licence- Associations Incorporation Act- Public Halls Act