Tour Terms and Conditions
These Tour Terms and Conditions govern the Agreement between you (hereinafter called “Artist”) and Tryxo Tour LLC (hereinafter called “Tryxo Tour“) regarding your application on www.tryxo.com for consideration by tour Promoters who are seeking Artists qualified to join certain upcoming Tours.
For purposes of this Agreement, Tryxo is offering a service to both Artists and Tour Promoters. There is no guarantee from Tryxo that a Tour that is offered to Artists listed on Tryxo will be fulfilled. You agree to hold Tryxo harmless for all and any failure to perform or execute any agreement between Artist and Promoter.
For purposes of this Agreement, a Tour is defined as an exclusive Engagement to perform music at a venue or venues along with other Artists for a certain specified period of time.
Artist understands that this Application for consideration does not guarantee that the Artist will be selected for inclusion in a Tour arranged by Tryxo or any other promoter.
Tryxo Tour reserves the right to change the Tour Terms and Conditions at any time with or without stating a reason.
IF YOU DO NOT AGREE TO THESE EXPRESS TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK "AGREE," AND DO NOT USE THIS SERVICE.
WARNING --FOR PURPOSES OF THIS AGREEMENT, “AGREE” MEANS THAT YOU HEREBY ACCEPT AND AGREE TO ABIDE BY THESE TERMS AS PRESENTED TO YOU NOW OR IN THE FUTURE BY TRYXO TOUR. ANY CHANGES, ADDITIONS, MODIFICATIONS OR DELETIONS TO THIS AGREEMENT ARE NOT ACCEPTABLE OR BINDING UNLESS IN WRITING AND SIGNED BY ARTIST AND TRYXO. TRYXO TOUR MAY REFUSE ARTIST ACCESS TO THE TRYXO TOUR & STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
-
IT IS AN EXPRESS CONDITION OF THESE TERMS AND CONDITIONS THAT IN ORDER FOR ARTIST TO BE CONSIDERED ELIGIBLE FOR SELECTION BY A TOUR OPERATOR OR PROMOTER, ARTIST FIRST AGREES to release 3 songs in a written contract (non-exclusive licensing agreement) with TRYXO ENTERTAINMENT L.L.C. on www.tryxo.com.
-
IT IS FURTHER AGREEED AND AN EXPRESS CONDITION OF THESE TERMS AND CONDITIONS THAT ARTIST shall perform at each ENGAGEMENT a pre-specified number of songs that shall be made available for download on www.tryxo.com.
-
ARTIST further agrees that TRYXO TOUR shall have sole rights to video tape the ENGAGEMENT(S) and to broadcast and/or re-broadcast the content of said audio and video recordings in whole or in part, by digital or analog means, for promotional and/or commercial purposes at TRYXO TOUR’S sole discretion.
-
TRYXO TOUR reserves all rights with regard to the selection of all and any songs to be performed by ARTIST at each ENGAGEMENT and/ or broadcast or re-broadcast by digital or analog means.
-
In the event that the ENGAGEMENT becomes cancelled due to illness, breakdown, strike, lockout, national mourning, force majeure or for any reason beyond the control of either the TRYXO TOUR or the ARTIST or the PROMOTER, then neither party shall have any claim against the other, and the obligations of all parties contained in this Agreement shall immediately cease.
-
If TRYXO TOUR cancels the ENGAGEMENT(S) for any reason other than those listed above in clause 5 of the Agreement between the ARTIST and TRYXO TOUR LLC, TRYXO TOUR shall not be liable to ARTIST for any fee that has not been guaranteed in writing in this Agreement.
-
ARTIST warrants that none of the members travelling to the tour are under 18 years of age.
-
ARTIST warrants that he has a valid passport for international travel. For purposes of this Agreement, “valid” means that the passport shall not expire less than six months prior to entry into the country of destination of the Tour. ARTIST further warrants that he/she can obtain all and any necessary visas for work authorization as a musician in the country of destination of the Tour.
-
ARTIST understands that he will be obliged to sign a final contract with TRYXO TOUR LLC or in the alternative, a Tour promoter, within 2 weeks of selection for the Tour.
-
TRYXO TOUR reserves the right to select ARTIST’S based on market knowledge, market information supplied by a Promoter or requests from fans or any other means at its disposal.
-
The laws of the State of Tennessee, excluding its conflicts of law rules, govern these Terms and your use of this Service. Your use of the service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with TRYXO TOUR or relating in any way to your use of the Service resides in the courts of the State of Tennessee.
-
12. These Terms and Conditions constitute the entire agreement between you and TRYXO TOUR and govern your use of the Service, superseding all and any prior agreements between you and TRYXO. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. TRYXO TOUR's failure to enforce any right or provisions in these Terms and Conditions will not constitute a waiver of such provision, or any other provision of these Terms and Conditions. If any provision of this agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. TRYXO TOUR will not be responsible for failures to fulfill any obligations due to causes beyond its control.
