Terms and Conditions
The period for calculating any distribution to a registered artist or group is from 1 January to 31 December each year. Registration shall make a registered artist or group eligible to a distribution from the RAP Fund from the quarter following the date of registration. The date of registration shall be the date an application made by a recording artist or a group is accepted by Phonographic Performances (NZ) Limited ("PPNZ"). There shall be no entitlement to any distribution prior to the commencement of the quarter at which registration is effective. It shall be a condition of registration that an artist or group shall provide PPNZ with his, her, or its GST number and confirm his, her or its New Zealand residency. The registered artist or group acknowledges that all decisions made by PPNZ or any committee appointed by it to operate the RAP Fund shall be final and binding. Payment a) The registered artist or group acknowledges that any payments made are from moneys owned by the Record Producers to whom they are contracted. b) PPNZ has the absolute right to determine the minimum payment to be made from the RAP Fund and any payment which is not or cannot be made will be return to the Record Producers. c) No payment shall be made to any registered artist or group who or which is licensed to any Record Producers who is not also registered with PPNZ. Protection of PPNZ and Record Producers The registered artist or group will not hold PPNZ or any committee of PPNZ or any Record Producers to whom he, she or it is contracted responsible in any way in relation to the administration and distribution of the moneys in the RAP Fund and hereby waives absolutely all rights, claims and entitlements against PPNZ or any of its officers or against any Record Producers to whom he, she or it is contracted except insofar as his, her or its rights are defined by this Agreement. Groups In the case of a group, each group shall nominate a member of the group to act as the "nominated claimant". This person will be responsible for collection of any moneys from the RAP Fund on behalf of the group and subsequent distribution of moneys to other group members. Payment to the "nominated claimant" shall be a full discharge of any claim by that group in relation to the RAP Fund. Arbitration If any dispute shall arise between PPNZ and the Recording Artist concerning the construction of this agreement or any aspect of their respective obligations or rights under this agreement, that dispute will be referred to the arbitration of the Chief executive of the Recording Industry Association of New Zealand Incorporated, or such other arbitrator as PPNZ and the Recording Artist may agree, and such reference shall be deemed to be a submission to arbitration within the meaning of the Arbitration Act 1996. Authorisation By accepting these Terms and Conditions members of the group authorise PPNZ to pay any monies payable to the group out of the RAP Fund to the nominated claimant. We agree that such payment shall be made on the basis set out in Clause 6, and that neither PPNZ nor the Record Producer/s shall have any obligation whatsoever to monitor or ensure the distribution of moneys by the nominated claimant to the other members of the group.