ARIA Membership Inclusion Program - Terms and Conditions

1. These terms and conditions (“Terms”) are the rules which apply to the ARIA Membership Inclusion Program (the “Program”) which provides successful applicants with complimentary ARIA membership for a period of up to 24 (consecutive) months (“Complimentary ARIA Membership”). By applying to the Program, applicants agree to be bound by these Terms.

2. Applicants must be applying for or on behalf of an Australian-based independent record label which is owned or run by (as CEO, MD, GM or other executive of equivalent seniority) a person who is from an underrepresented group within the community, particularly those who are experiencing financial barriers or disadvantages to accessing music industry opportunities (“Underrepresented Group”). Existing ARIA Members, or those who have been an ARIA Member within the last two years, are not eligible to apply for the Program.

3. ARIA takes the issue of inequality in the music industry seriously and is committed to ensuring that its membership is broadly reflective of the diversity of society as a whole. Through the Program, ARIA aims to take positive action to make ARIA Membership more accessible to those in an Underrepresented Group in order to promote greater equality, inclusion and participation across the music community.  ARIA considers the Program to be a proportionate means of achieving the legitimate aim of supporting the next generation of diverse leaders by encouraging people in Underrepresented Groups to participate in and benefit from ARIA Membership.

4. To be eligible for the Program and ARIA Membership, an applicant must comply (and continue to comply during the period of ARIA Membership) with the following criteria and conditions:

• The applicant must be an Australian corporation or business or be a citizen or resident of Australia;
• The applicant must be the owner or exclusive licensee for Australia of the copyright in sound recordings;
• Where the applicant is a record company, at the time of the application and during the period of membership, the applicant must have at least one recording currently on commercial retail release in Australia – the release may be undertaken directly or indirectly (eg:  through a distributor or a licensee) and includes those releases made commercially available via the internet or other online or wireless distribution methods;
• During the period of 5 years prior to the date of the application and during the period of membership, neither:
  • the applicant;
  • any related body corporate of the applicant; nor
  • any person, business or corporation who controls either the applicant or any related body corporate of the applicant can have been found liable for copyright infringement nor admitted such infringement.
• The applicant (including those persons, firms or corporations who control the applicant) must undertake to act lawfully and in a manner that is consistent with the objectives of ARIA as set out in its Articles of Association.
• The applicant, including its directors, staff and representatives, must conduct themselves in a manner that complies with the ARIA Code of Conduct and the ARIA Behaviour Benchmark (the current versions of these documents are published on the ARIA website).

5. Applicants to the Program must complete the application form online, accessible via this link, on or before the date and time specified on the online application form. Applications that are late, incomplete or are not submitted electronically via the Program application form in accordance with any deadlines will not be considered. After the closing date no further applications to the Program will be permitted. In addition, once an application has been submitted, the applicant will not be able to amend or change their application.

6. There is no purchase requirement or fee to apply for the Program. However, the applicant is responsible for any costs incurred or in any way associated with the preparation and submission of an application. 

7. Applications will be reviewed by a committee appointed by ARIA. It will not be possible for ARIA to provide individual feedback on submissions. Where eligibility for the Program is queried for any reason, the decision of ARIA is final and no correspondence will be entered into about the matter.

8. Shortlisted applications will be considered by the committee appointed by ARIA to identify up to 5 successful applicants selected to each receive a Complimentary ARIA Membership (“Successful Applicants”). Such decision will seek to offer balance and reflect diversity across and how each shortlisted applicant may positively participate and benefit as an ARIA Member in furtherance of the aim of the Program. The decision in each case will be at ARIA’s sole discretion and ARIA’s decision will be final. Successful Applicants will be notified by ARIA. The list of Successful Applicants will be announced by ARIA once each of the Successful Applicants have been contacted by ARIA.

9. Each Successful Applicant will be deemed to be a member of ARIA for the period specified by ARIA, and must conform to and observe the rules, policies, standards and codes of practice of ARIA membership.

10. Each Successful Applicant acknowledges that the total duration of their Complimentary ARIA Membership is capped at a maximum of two (2) financial years, and the actual period of ARIA Membership may be less than 24 months depending on the specific date that the Complimentary ARIA Membership is awarded.

11. Complimentary ARIA Membership is non-transferable and there is no cash or other alternative. The Successful Applicant may not transfer, sell, donate, give or otherwise dispose of the Complimentary ARIA Membership to any other persons.

12. The Successful Applicant will permit ARIA to name the relevant record label on its website, online platforms and publications, and in subsequent promotional material, case studies, reports, submissions and press releases. The Successful Applicant may be requested to provide a quote and/or contribute to such activities. The Successful Applicant and a contact person for the Successful Applicant, will be also included in the list of ARIA Members that is published on the ARIA website.

13. ARIA does not accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to applications, or applications lost or delayed whether or not arising during operation or transmission as a result of server functions, viruses, bugs or other causes outside their control.

14. To the extent permitted by law, ARIA and its directors, officers, employees and agents, exclude any and all liability for any loss or damage, whatsoever which is suffered or sustained, in connection with any person’s submission of an application, participation in the Program or ARIA’s use of any material submitted to it as a part of the Program. The applicants release ARIA (including its members, employees, directors, officers and assigns) from all liabilities, claims and demands, in law or equity which the applicant and/or representatives may have against ARIA in relation to their involvement in the Program.

15. Any personal information or sensitive information (as defined in the Privacy Act 1988 (Cth)) (“Personal Information”) disclosed to ARIA by applicants is collected for the administration of the Program and for any other purpose for which you have given your express consent, and will be collected, used, and maintained according to the Privacy Collection Statement and ARIA privacy policy which can be found at this link: Privacy Policy.

16. The person who submits the application on behalf of the applicant record company must have the authority to make the application on behalf of the applicant record company, and confirms to ARIA that the information submitted is true and accurate.

17. Successful Applicants acknowledge that ARIA may revoke the Complimentary ARIA Membership if it becomes apparent that the information provided by the applicant is false, inaccurate or does not meet the requirements for eligibility or as set out in these Terms, or if the Successful Applicant does not comply with ARIA’s membership conditions, ARIA’s Articles of Association or applicable laws or brings ARIA into disrepute.

18. These Terms may be modified by ARIA at any time in its sole discretion without liability to any person.

19. This document and the Program are governed by the laws of New South Wales law and the parties each submit to the non-exclusive jurisdiction of the courts of New South Wales.

20. If you have any queries on the application process or the Program itself, please email memberservices@aria.com.au