MMF (NZ) Terms and Conditions
1. INTRODUCTION
(a) These terms and conditions apply to the entire contents of the Music Managers Forum NZ website and to any correspondence by e-mail between Music Managers Forum NZ and you. All references in these terms and conditions: to the “Website” refer to this website; to “we”, “us” and “our” refer to Music Managers Forum NZ ; to “you” and “your” refer to you, the fan; to “Content” refer to the text, graphics, plans, photographs, information and other material displayed from time to time on the Website.
(b) Please read these terms and conditions carefully. By using this Website you are deemed to accept these terms and conditions whether or not you choose to register with us. We reserve the right to amend these terms and conditions from time to time and recommend that you review them regularly.
2. PAYMENT TERMS
(a) By subscribing to become a registered member of the Music Managers Forum NZ (MMFNZ) you agree to be bound by and accept these Payment Terms. By registering to become a member of MMFNZ, you shall be responsible for payment of your membership subscription fees via the MMFNZ website with payment via your Paypal account (Paypal) and you acknowledge and agree that the Paypal Payment Terms set out below shall apply to such payments. You acknowledge and agree that your continued registration as a member of the MMFNZ is subject to your payment of the applicable membership subscription fees on an annual basis (Annual Subscription Fee). Should you fail to provide payment of the Annual Subscription Fee for any reason, or if payment from your Paypal account fails, you acknowledge and agree that we shall have the right to immediately cancel your registration as a member of the MMFNZ without any notice to you.
(b) Payment of the Annual Subscription Fee can only be made securely via the MMFNZ Website using a PayPal Recurring Subscription. Payment of the Annual Subscription Fee via PayPal shall be subject to the Paypal Payment Terms and you hereby agree to be bound by and accept the PayPal Payment Terms in conjunction with these Payment Terms.
PAYPAL PAYMENT TERMS
(a) These terms are to be read in conjunction with PayPal’s Recurring Payments and Billing Agreement (Recurring Payments and Billing Agreement) provided for in the following URL: https://www.paypal.com/au/webapps/mpp/ua/recurringpymts-full?locale.x=en_AU and all capitalised terms not defined herein will have the same meaning as set forth in the Recurring Payments and Billing Agreement. To the extent of any inconsistency between capitalised terms set out in the Recurring Payments and Billing Agreement and these Terms and Conditions, the definitions provided herein will prevail.
(b) By subscribing for membership to the MMFNZ using PayPal you are consenting to us deducting the Annual Subscription Fee (as the same may be increased by us on notice to you from time to time) from your PayPal Account or Nominated Payment Source once every twelve (12) months until you cancel your subscription in accordance with our termination procedures. Our subscriptions renew automatically on an annual basis unless you notify us in writing of your wish to cancel your subscription.
(c) In accordance with the Recurring Payments and Billing Agreement you can cancel your recurring subscription at any time up to three (3) working days prior to the scheduled date of the automatic payment (Termination Date). If you cancel your payment prior to the Termination Date you will not be charged for the automatic payment of the Annual Subscription Fee and you shall cease to be entitled to the benefits of membership of the MMFNZ from the date of cancellation. If you fail to cancel your recurring subscription by the Termination Date, you acknowledge and agree you will be automatically charged on the scheduled date for the Annual Subscription Fee.
3. LICENCE
(a) Unless otherwise stated, we own the copyright and other intellectual property rights in all Content and expressly reserve all rights in the same. You may print and download extracts from this Website for your own non-commercial use provided that you do not modify any of the Content, you do not use any graphics or photographs separately from their accompanying text and you do not remove any copyright or trade mark notification from such extracts.
(b) All other reproduction or use of extracts of Content is strictly prohibited. In particular, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
4. YOUR ACCESS AND USE
(a) We endeavour to ensure that this Website is accessible 24 hours a day. However, we will not be liable for any losses, expenses, costs or liabilities that you, your business or any other person may suffer if this Website is unavailable at any time or for any period or your access to the Website is interrupted, restricted or delayed for any reason.
(b) Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for any reasons beyond our control.
(c) Other than personally identifiable information which is covered under our Privacy Policy, any material or information that you transmit or post to this Website or e-mail to us (your “Non-Personal Information”) will be considered non-confidential and non-proprietary. We will have no obligation to you with respect to your Non-Personal Information. By sending such Non-Personal Information to us you agree that we are free to copy, disclose, distribute, incorporate and otherwise use all Non-Personal Information for any and all commercial or non-commercial purposes.
(d) By using this Website you agree not to attempt to access our systems and you agree not to post on or transmit to or from it any material:
that is threatening, defamatory, obscene, indecent, offensive, discriminatory, inflammatory, blasphemous, criminal, in breach of confidence or privacy of a third party’s rights or which may otherwise cause annoyance or inconvenience; or
which is technically harmful including, without limitation, containing computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
(e) If you breach any of the terms of these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website that you have within your possession or control.
5. LINKING TO WEBSITE
(a) You may create a link from your own website to the Website provided that you only do so on the basis that you link to, and do not replicate, the home page of this Website and you DO NOT:
create a frame or any other browser or border environment around this Website;
in any way imply that we endorse any products or services other than our own;
misrepresent your relationship with us or present any other false information about us;
use any of our Content or trade marks without our express written permission;
display any content on your website that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
(b) We expressly reserve the right to revoke any right we grant to you to link to our Website should you breach any of these terms and conditions. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we, or any of our group companies, may suffer or incur due to your breach of any of the terms set out in paragraph 4(a) above.
6. DISCLAIMER
(a) You must satisfy yourself of the accuracy of all Content. While we endeavour to ensure that the Content is correct and up-to-date, it is provided “as is” and we give no representation, warranty or guarantee as to its accuracy, completeness or adequacy. Accordingly, to the maximum extent permitted by law, we exclude all express and implied warranties, representations and conditions with respect to the Content.
(b) The Content in relation to band merchandise is provided for information purposes only and does not constitute an offer for sale or otherwise by us. We may make changes to the Content, or to the merchandise and prices described in it, at any time without notice.
(c) The Website may from time to time contain links to third party websites which we provide solely for your convenience. We have no control over, and make no endorsement of, the content or availability of these third party websites and you use and rely on the same at your own risk.
(d) You acknowledge and agree that any reliance you place on the Content and the content of any linked third party websites is at your own risk. To the maximum extent permitted by law, we exclude all liability for any direct or indirect losses, loss of profits or other consequential loss, damages, costs, expenses or liabilities that you may suffer or incur arising from your use of this Website and/or reliance on any Content.
MMF (NZ) CODE OF CONDUCT
Updated Nov 2020
The following Code of Conduct is a guideline of what is expected of all members of the Music Managers Forum NZ [MMF NZ]. The purpose of this code is to guide members through their management career, encouraging professional, ethical and expert behaviours.
Failure to adhere to all points in the MMF NZ Code of Conduct may result in membership termination.
1. A Managers Duty of Care
a. In engaging an artist in a written agreement, the manager should ensure that the artist seeks and receives expert legal advice on the terms of that agreement before signing it.
b. To devote sufficient time to the agreed management responsibilities in representing the artist.
c. To maintain an open dialogue with the artist around legal and financial matters, including referral of artist to an independent third party specialist advisor as needed.
d. To uphold artist confidentiality and to protect their personal information.
e. To only exercise the rights and powers implied or granted to them by their artist’s in their written or oral agreements for their artist’s best interests.
f. To not intentionally mislead the artist for personal financial gain or any other reason.
2. Professionalism
a. Communicate openly about the responsibilities of both parties (manager and artist), including the obligations, duties and remuneration as a manager of the artist. Note that it is recommended that these be formally notated in a written agreement;
b. Conduct themselves in a manner which is professional and ethical, and which abides by best business practices and methods accepted in the New Zealand music industry, in compliance with relevant local laws;
c. Recognise diversity in all its forms, being culturally aware and acting with respect towards all religious, gender and ethnic groups;
d. To not engage in any acts of sexual harassment including unwanted, unwelcome or uninvited behaviour of a sexual nature, which makes a person feel offended, humiliated or intimidated.
e. Where a manager acts independently as a publisher, agent, record producer or in any other capacity as well as a manager for their artists, they must declare such interests so that the artist has the ability to determine for themselves if they feel it constitutes a conflict of interest and is therefore detrimental to their career
i. In such cases where a manager acts independently in any other capacity as well as manager for their artists, and where such activity ordinarily involves the charging of fees or commissions, the manager shall not charge multiple fees or commissions without first gaining the consent of their artist in writing
f. Declare and disclose any actual, perceived or potential conflicts of interest where money or services are earned either directly or indirectly through or in conjunction with an artist’s performance or services. These can include:
i. Legal obligations
ii. Income
iii. Sponsorship
iv. Other considerations
g. Conduct themselves in a respectful manner with individuals and communities the manager interacts with on social media and be transparent about who manager represents or who manager is speaking on behalf of (including, where the manager is a self-managed artist, all communications made by the manager under the name of the artist). The manager should act in a professional and constructive manner and use sound judgement with respect to all social media posts including being respectful of individuals’ opinions, especially when discussions become heated. The manager should show proper consideration for other people’s privacy and avoid disclosure of any information that the manager knows to be confidential. The manager should avoid posting content on social media that is obscene, defamatory, threatening or discriminatory to any third party. The manager must always abide by the terms of use of the social media platform with which the manager interacts and seek to adhere to the cultural and behavioural norms on the particular platform. The Manager should respect other people’s intellectual property including ensuring that the manager has permission to post third parties copyrights to any platform.
3. Expertise
a. Fundamentally and thoroughly understand the place of their artist in the industry, and have the knowledge of the right business transactions to maximise the career of the artist;
b. Possess (or obtain) the core knowledge and skills required in order to carry out the duties of management as agreed and understood by the artist;
c. Have a fundamental knowledge of the New Zealand music industry, and sufficient local contacts to leverage in the conducting of business on behalf of the artist;
d. Be committed to consistent development of skills and building of a knowledgebase through the attending of workshops, masterclasses and conferences in order to be aware of and pre-empt beneficial industry trends and innovations;
e. Seek third-party support in order to develop and learn skills to assist in representing the artist’s career with diligence in areas where there is an actual, perceived or potential weakness;
4. Financial
a. Ensure that the assets of the manager are recorded and managed wholly separately from the income and expenditure of the artist (note that this also applies to self-managed artists and bands where the manager is also a member of the represented group);
b. Ensure that the manager’s share of the proceeds coming from their artist’s professional and business activities should be commensurate with the level of investment the manager has provided, in time or financially. Not to exceed 25% on a commission basis or 50% on a profit-share arrangement;
c. Conduct all management and artist business in a transparent, accountable and ethical manner; this includes, in particular, allowing their artists access to all accounting records and contracts
Should a member be proved to have breached the above Code of Conduct, they may be expelled from the MMF NZ. Any expulsion is decided on by the Executive Committee and Chair Person. In the event of an expulsion from MMF NZ, the particular manager is no longer entitled to use MMF NZ membership credentials, and the organisation is entitled to advise the membership, the IMMF, and affiliates or associated entities of the IMMF including Government and Industry bodies as appropriate and required.