EVENT ENTERTAINMENT CLIENT BOOKING AGREEMENT
1.1. These Terms & Conditions are between you, the client named on the applicable invoice (“You, “Your, “Client”), and Unplugged Entertainment Pty Ltd (ACN 632 442 034) (“Unplugged”, “We”, “Our” and “Us”).
1.2. You wish to engage Unplugged (on behalf of the Talent) to book the Talent to perform at the Event and Unplugged and the Client confirm the booking in accordance with these Terms and Conditions and the applicable Booking Invoice (“Booking”).
1.3. These Terms & Conditions form a legally binding agreement between you and us with respect to the applicable Booking and by paying the applicable Booking Invoice to secure the Booking, you are agreeing that you have read, understood and agreed to these Terms & Conditions.
‘Agreement’ means these Terms & Conditions together with the applicable Booking Invoice.
‘Booking Invoice’ means the invoice issued by Unplugged to the Client for the applicable Booking.
‘Client’ means the person or entity listed as the client on the applicable Booking Invoice.
‘Deposit’ means the deposit amount listed on the applicable Booking Invoice which is paid by the Client to secure the Booking.
‘Fee' means the fee payable to Unplugged for the applicable Booking.
'Event' means the event described in the applicable Booking Invoice.
‘Talent’ means the talent described in the applicable Booking Invoice.
‘Venue’ means the venue for the Event as described in the applicable Booking Invoice.
3. Booking Terms & Conditions
3.1. This Booking is to confirm that Unplugged shall book the Talent to perform at the Event in consideration for the payment of the Fee. For the avoidance of doubt, the Booking is not secured until the Client pays the Deposit set out in the Booking Invoice and agrees to this Agreement.
3.2. The Client must pay the balance of the Fee by no later than 14 days prior to the Event date (Wedding payments must be made 2 months prior unless they are too close, then 1 month). 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 Talent may not be provided for the Event.
3.3. If the Client fails to pay Unplugged any amount due and payable under this Agreement prior to or on the due date, Unplugged 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 late fees may be payable by the Client.
3.4. The Client acknowledges that the Booking is only confirmed on receipt of the Deposit by Unplugged.
3.5. In addition to the Fee, the Client understands, acknowledges and agrees that the Client will be responsible for any additional third party expenses that are incurred by Unplugged, the Talent or any third party representative of Unplugged in respect to the Event, provided such expenses have been approved by the Client prior to the Event or as otherwise agreed between the parties during the Event. For example, the Client is required to reimburse Unplugged 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 for any such expenses within 7 days of Unplugged providing the Client with a Tax Invoice and/or receipts to verify such expenses.
3.6. The Client shall ensure that the Venue is available for access in accordance with the times that have been agreed in writing with Unplugged.
3.7. Unless otherwise agreed in writing with Unplugged, the Client shall provide the Technical Specifications and Talent Rider as advised to the Client by Unplugged. (N/A for weddings)
3.8. The Client shall guarantee proper security during the Event to ensure the safety of the Talent and the Talent’s equipment and personal belongings at all times. (N/A for weddings)
3.9. The Client has the right to use the Talent’s name, approved photographs and other approved material to promote the Event. Any commercial use of the Talent’s name or likeness will be subject to Unplugged’s prior written approval. (N/A for weddings)
3.10. In the event that the Client wishes to take photographs or footage of the Talent, the Client shall be required to obtain the Talent’s consent first. (N/A for weddings)
3.11. The Client will ensure that the Venue holds the necessary public performances licenses (from APRA/PPCA) for the Event.
3.12. The Client warrants that it shall be responsible for obtaining and maintaining all necessary insurances with respect to the Event including but not limited to public liability insurance.
3.13. Client shall immediately advise Unplugged in writing of any changes in the details of the Event or Venue, including postponement or cancellation of the Event in accordance with the further terms of this Agreement.
4. Cancellation/Changes of Mind
4.1. If the Client cancels a Booking for any reason:
a) More than 7 days before the Event, Unplugged will retain 30% of the Fee; or
b) Within 72 hours of the Event, Unplugged will retain 100% of the Fee.
4.1.1. If the Client cancels a Wedding for any reason:
a) More than 90 days before the Event, Unplugged will retain 30% of the full invoice; or
b) Between 30- 90 days of the Event, Unplugged will retain 50% of the full invoice; or
c) Within 30 days of the Event, Unplugged will retain 100% of the full invoice.
4.2. In the event that the Talent is unable to perform at the Event including due to ill health, Unplugged shall be entitled to provide another artist to perform at the Event who is of a similar style/calibre to the Talent. Any such replacement shall be subject to the Client’s approval (which shall not be unreasonably withheld or delayed). If an acceptable alternative cannot be arranged, Unplugged will refund the Fee, however Unplugged and the Talent shall not be responsible for any liability or costs incurred by the Client as a result of any cancellation under this Clause 4.2.
4.3. Other than provided for herein, in the event Unplugged cancels the Booking, the Client agrees that Unplugged shall not be liable whatsoever to the Client for any “Loss” suffered by the Client by reason of the cancellation or in respect of the Booking or this Agreement. “Loss” shall mean any loss (including without limitation the expenses already incurred or to be paid by the Client, loss of profits and anticipated earnings), liability, cost or expense (including without limitation legal expenses on a full indemnity basis).
4.4. Further, it is agreed that Unplugged is strictly acting as a booking agent for the Talent and in the event that the Client suffers any loss or damage due to any act or omission of the Talent, the Client shall seek remedy directly from the Talent and the Client fully indemnifies Unplugged in this regard.
4.5 In the event the Client wishes to change artists after booking their talent, then the 30% deposit will be forfeit and a new 30% deposit will need to be paid.
5. Re-scheduling a Booking
5.1. If the Client wishes to reschedule a Booking (apart from weddings), the following terms will apply:
a) If the Client reschedules any other event less than 60 days before the applicable Event, the full Fee will be held and a postponement fee of 30% of the total Booking Invoice amount will be charged.
b) If the Client reschedules any other event more than 60 days before the applicable Event, the full Fee will be held and a postponement fee of 20% of the total Booking Invoice amount will be charged, and
c) If the Client wishes to reschedule an Event to more than 6 months in the future from the existing Event, there will be an additional fee of 10% on top of any reschedule fees as above to cover annual price rises and artist's loss of income
5.2. If the Client wishes to reschedule a wedding, the following terms will apply:
a) If the Client reschedules a wedding less than 120 days before the applicable Event, the full Fee will be held and a postponement fee of 30% of the total Booking Invoice amount will be charged.
b) If the Client reschedules a wedding more than 120 days before the applicable Event, the full Fee will be held and a postponement fee of 20% of the total Booking Invoice amount will be charged.
c) If the Client wishes to reschedule a wedding to more than 6 months in the future from the existing Event, there will be an additional fee of 10% on top of any reschedule fees as above to cover annual price rises and artist's loss of income
5.3. Any rescheduling of Bookings shall be subject to Talent’s availability and will only become binding once Unplugged confirms such re-scheduled date in writing to the Client.
6. COVID-19 POLICY
6.1. The Client agrees to ensure that it and the Venue for the Event complies with all COVID-SAFE regulations and legislation in connection with the Booking.
6.2. In the event that any Government restrictions due to Covid-19 directly affects the operation of an Event and the Client can’t proceed as expected, Unplugged encourages the Client to postpone and to work together with Unplugged to reach a mutually agreed re-scheduled date for the Event. Unplugged will use all reasonable efforts to ensure that the Talent can perform at any such re-scheduled date, and if a new date can be agreed, Unplugged agrees to transfer the Booking to the new date at no additional charge notwithstanding Clause 5 above.
6.3. If a re-scheduled date can’t be mutually agreed upon with the original Talent booked, then Client will have the following two options:
a) If the Client wishes to accept another suitable artist to replace the Talent, the Client will incur a change fee of 15% of the total Booking fee. (Normally 30% as per Clause 4.5).
b) If the parties cannot agree on another artist or a date, then the Client’s balance of Fees due will be refunded if already paid, subject to Clause 6.4 and 6.5 below.
6.4. Under normal circumstances, the Deposit is usually retained by us to pay the Talent for their loss of income, and to help cover costs of the booking administration and company overheads, however in these unprecedented times we want to be fair and reasonable, so we would refund 30% of your deposit as well.
6.5. If the Client postpones their Event to a new date without discussion with Unplugged, and the Talent they have booked is unavailable for the Client’s proposed re-schedule date, then:
a) If the Client wishes to accept another suitable artist to replace the Talent, the Client the normal change fee of 15% of the total Booking fee.
b) Any cancellation under Clause 6.5 will be treated as a normal cancellation, with the full Deposit being retained to cover Unplugged’s losses.
7.1. 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 applicable Event or any future event or booking which requires the entertainment that is provided by Unplugged and/or the Talent pursuant to this Agreement. The Client agrees that this is a material term of this Agreement and that Unplugged reserves the right to seek damages and injunctive relief for breach or potential breach of this Clause.
8. Warranties & Indemnity
8.1. Each party indemnifies the other against any claim, loss, damage, costs or expenses (including legal costs) which either party may suffer or incur by reason of any breach or alleged breach of this Agreement by that party.
8.2. Each party warrants that they have the right and power to enter into and fully perform their obligations under this Agreement.
9.1. The relationship between the parties is that of independent contractors and nothing herein shall be construed as constituting an employer/employee relationship, a partnership or a joint venture between the parties.
9.2. The terms of (and any negotiations leading up to) this Agreement are confidential between the parties.
9.3. This Agreement cannot be altered unless in writing and signed by both parties.
9.4. The laws of Victoria, Australia govern this Agreement.
9.5. This Agreement may be signed in counterparts.
9.6. Neither party shall be entitled to assign this Agreement to another party.
TERMS & CONDITIONS
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