EVENT ENTERTAINMENT CLIENT BOOKING AGREEMENT

This Agreement is entered into between:
Unplugged Entertainment (ABN 78 62 77 56 051) of Oakleigh South, Victoria 3167 AND “The Client”
Recitals:

  1. Unplugged Entertainment operates, inter alia, the business of event entertainment including its talent, musicians and service and supply of equipment.

  2. The Client has requested the Entertainment and the Talent for its Event.

  3. The Client has engaged Unplugged Entertainment to provide the entertainment and the talent for the fee pursuant to the terms outlined in this Agreement.

Definitions:

Entertainment means: [The Talent to perform music at the event as further described in the Schedule]. Fee means: The fee in $AUD plus GST as outlined in the Quote/Invoice.
Event means the Event as detailed in the Schedule.
Talent means: The name of the performer as detailed in the Schedule.

Terms:

  1. The Client agrees that by booking the talent provided by Unplugged Entertainment, they agree to the below terms and are bound by this contract.

  2. In addition to procuring Unplugged Entertainment to provide the Entertainment and the Talent in accordance with this Agreement, the Client, Unplugged Entertainment and the Talent acknowledge and agree, that the Client and Unplugged Entertainment may use the Talent’s name, voice, image and/or likenesses and any recordings made of the Entertainment for the Event only and only where such usage has been pre-approved by Unplugged Entertainment, in respect of any or all media, including but not limited to all point of sale material, magazine, press and other printed publications and materials, internet, television, radio, and all other publicity materials which may be produced at any time by the Client, Unplugged Entertainment or its representatives in respect to promotion of the Event, and the parties and Talent hereby consent to such usage.

  1. Without limitation to clause 2, the Client and the Talent agree and acknowledge that the consent granted in clause 2 is in no way restricted or limited to any maximum or minimum number of exposures or incidents of usage by the Client and consent will not be withheld unreasonably.

  2. For the avoidance of doubt, the Client acknowledges and agrees, that the consent granted pursuant to clause 2 will apply to all uses of any recordings of the Entertainment and Talent only in respect to the Event in all specified media forms produced in connection with this Agreement, and further acknowledge and agree that Unplugged Entertainment (and its appointed agencies) will have editorial and creative control over the use of such recordings.

  3. For the avoidance of doubt, Unplugged Entertainment grants to the Client the right to use the Talent/s image in connection with the promotion of the Event only both before and after the event in the sole discretion of Unplugged Entertainment. However, the Client can only use any biographical information about the Talent that is supplied by Unplugged Entertainment to promote the Event. A copy of all promotional materials created by the Client must be submitted to and approved by Unplugged Entertainment before it is manufactured and distributed.

  4. The Client must make sure that no part of the Talent’s presentation or appearance at the Event is recorded in any permanent form without Unplugged Entertainment’s prior written approval. Any recordings created may not be utilized for any promotional or commercial purposes without Unplugged Entertainment’s prior written consent.

  5. The Client understands, acknowledges and agrees that the Client must not directly or indirectly through another third party, ask, approach or make any type of attempt to book the Talent directly for either the Event or any future event or booking which requires the entertainment that is provided by Unplugged Entertainment and/or the Talent pursuant to this Agreement. The Client agrees that this is a material term of this Agreement and that Unplugged Entertainment reserves the right to seek damages and injunctive relief for breach or potential breach of this clause.

  6. The Client agrees to pay to Unplugged Entertainment for the Entertainment and Talent the Fee. The Client must pay Unplugged Entertainment 30% of the Fee within 7 days subject to receipt by the Client of a valid Tax Invoice fromUnpluggedEntertainment. The Client must pay the remaining 70% of the Fee by no later than14 days prior to the Event date. If the Event is less than 7 days prior to the date of booking, the Client must pay 100% of the Fee within 24 hours of making the booking. Failure to comply with these payment terms will render the booking null and void and the Entertainment and Talent may not be provided for the Event.

  7. If the Client fails to pay Unplugged Entertainment any amount due and payable under this Agreement prior to or on the due date, Unplugged Entertainment will issue a reminder notice to the Client. If the Client fails to make payment of the overdue amount within 14 days of receipt of the reminder notice, then additional fees may be payable by the Client.

  8. The Client acknowledges that the Entertainment and Talent’s booking is only confirmed on receipt by Unplugged Entertainment of the first instalment of the Fee as detailed in clause 8 of this Agreement.

  1. In addition to the Fee, the Client understands, acknowledges and agrees that the Client will be responsible for any additional expenses that are incurred by Unplugged Entertainment, the Talent or any third party representative of Unplugged Entertainment in respect to the Event but only where such expenses have been advised by Unplugged Entertainment and approved by the Client prior to the Event or as otherwise agreed between the parties. For example, the Client is required to reimburse Unplugged Entertainment for any interstate/international transfers (for example; business class airfares, taxis) and accommodation incurred by the Talent in attending the Event. The Client will be required to reimburse Unplugged Entertainment for any such expenses within 7 days of Unplugged Entertainment providing the Client with a Tax Invoice and/or receipts to verify such expenses.

  2. If the Client cancels a booking, the Entertainment, the Talent and/or the Event for any reason:

    1. (a)  More than 72 hours before the Event, Unplugged Entertainment will retain 30% of the Fee;

    2. (b)  Within 72 hours of the Event, Unplugged Entertainment will keep 100% of the Fee.

  3. If the Talent is unavailable to attend the Event for any reason Unplugged Entertainment will use its best endeavours to arrange alternative talent acceptable to the Client. If an acceptable alternative cannot be arranged, Unplugged Entertainment must refund the Fee. Unplugged Entertainment and the Talent are not responsible for any liability or costs incurred by the Client as a result of any cancellation under this clause 13.

  4. The Client must ensure that the Event is held in a safe venue with adequate security and that the Talent and any Unplugged Entertainment employee, contractor, agent or other representative is not subjected to any unsafe conditions as a result of attending the Event or any venue in respect to Unplugged Entertainment providing the Entertainment and the Talent for the Event either before or after the Event (i.e. when collecting equipment provided for the Event).

  5. The Client must ensure that it has adequate Workers’ compensation and public liability insurance cover for the Event and to cover the Talent and any employee, contractor, agent or other representative of Unplugged Entertainment in respect to the Event.

  6. The Client acknowledges that this booking and the entering of this Agreement do not create or govern any employment relationship involving the Talent.

  7. This Agreement does not constitute any party the agent of another or imply that the parties intend constituting a partnership, joint venture or other form of association in which any party may be liable for the acts or omissions of another. The Client has no authority to incur any obligations on behalf of, or to pledge the credit of Unplugged Entertainment.

  8. This Agreement may be executed in any number of counterparts. All counterparts will be considered to constitute one agreement.

  9. Any provision of this Agreement, which is prohibited or unenforceable, will be ineffective to the extent of the prohibition or unenforceability. That will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of the remaining provisions.

  1. This Agreement contains the entire agreement of the parties with respect to its subject matter. It sets out the only conduct relied on by the parties and supersedes all earlier conduct by the parties with respect to its subject matter. None of the terms in this Agreement can be waived or modified except by an express written agreement signed by both parties.

  2. The Client will at all times indemnify and keep indemnified Unplugged Entertainment from and against any loss or liability incurred as a result of any act or omission of the Client’s representatives, officers, agents or employees arising from any claim, suit, action or proceedings (including legal costs on an indemnity basis) by any person against Unplugged Entertainment, to the extent that such loss or liability arises as a result of any negligent act or breach of law or this Agreement by the Client, its representatives, officers, agents or employees. The Client acknowledges that Unplugged Entertainment is not responsible for any liability or cost incurred by the Client as a result of any action by the Talent.

  3. The Client will at all times indemnify and keep indemnified Unplugged Entertainment from and against any loss or liability resulting from the use of the Talent’s name, image, voice and or performance, incurred as a result of any act or omission of the Client arising from any claim, suit, action or proceedings (including legal costs on an indemnity basis) by the Talent or any person against Unplugged Entertainment to the extent that such loss or liability arises as a result of any negligent act, breach of law or breach of the terms of this Agreement by the Client.

  4. The Client understands, acknowledges and agrees that the Fee is confidential and must not be disclosed by the Client to any person other than the Client’s legal or financial advisers. Internally, the Client may only reveal to Fee to employees who have a need to know due to their involvement and management of the Event.

  5. Any dispute between the Client and Unplugged Entertainment must be resolved in first instance by mediation to be conducted by a mediator agreed between the parties, or if no agreement can be reached, a mediator appointed by the Law Institute of Victoria. The parties agree that the cost of any mediator will be borne by the parties equally (i.e. 50% of the mediation fee will be payable by each party).

  6. This Agreement is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.

TERMS & CONDITIONS

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