LIVE ENTERTAINMENT - TERMS OF HIRE
(Please carefully read all terms and conditions of entertainment hire set out below.)
General
By hiring Live Entertainment from “Rockabilly Australia Pty Ltd”, you automatically agree to be bound to all terms and conditions set out in this document, which constitutes an agreement between "Rockabilly Australia Pty Ltd" and (you), the “Client” and/or Venue.
All terms written in this agreement are final unless otherwise documented by both parties prior to the performance date.
Quotes
An obligation free, itemised quote for Live Entertainment Performances can be provided to the Client when requested via email or upon completion of the “Performance Booking Request Form”. Quotes will expire 30 days prior to the specified event date. (Additional fees may apply for performances booked with less than 30 days notice from the event date.)
Quotes will include (where applicable); Artist Performance Fees, GST amounts, Travel Fees, Accommodation Fees & additional fees that may be incurred to fulfil the booking.
Deposits & Booking Confirmations
Upon the Client’s written acceptance of the provided quote, a non-refundable deposit of 25% of the total quoted price will be required to confirm the booking.
An itemised Tax Invoice with payment detail for the deposit amount will be sent to the Client’s nominated email address for immediate payment.
The Client will receive a Booking Confirmation once the deposit payment has been received. Please note; The booking is not complete or final until the deposit payment has been paid in full and the Client has been sent an email with their booking confirmation.
Tax Invoices & Payments
Any and all deposit and booking fees must be paid in accordance with the terms stipulated within this agreement.All payments must be paid in accordance to the terms set out to avoid additional late payment fees.
An itemised invoice will be sent to the Client and will include information such as booking details, payment instructions & payment due dates.
Prior to the Artist’s scheduled performance date, an invoice for the final remaining payment amount will be sent to the Client’s nominated email address for payment to be made in full by the due date stipulated on the Tax Invoice.
Changes & Cancellations
In any case where proof of an extreme circumstance out of the Client’s control can be established, all payment and cancellation policies will be renegotiated.
Upon the Client receiving the booking confirmation, the Client will receive a 48 hour “Cooling off period” in which any cancellation or significant change to the scheduled performance times can be made.
After this “cooling off period”, any cancellation or significant change to the scheduled performance times by the Client will result in a default of any paid deposit amounts.
Any significant changes to the scheduled performance will be deemed as a cancellation.
Should the Client wish to reschedule a performance, subject to the Artist’s availability, a new invoice for the booking deposit fee will be sent to the Client in order to confirm the new booking time.
If any significant changes to the scheduled performance or cancellation by the Client occurs within 14 days of the scheduled performance date, the Client will be liable to pay 100% of the original agreed upon amount as stipulated in the original accepted quote.
In the event in which a performance is seriously interrupted whilst in progress, Artist management reserve the right if necessary to stop the performance for any indefinite amount of time depending on the situation.
In the case a performance is stopped by either the Artist/Performer or Client/Venue before completion, the original agreed upon fee will still require payment in full within 30 days of the invoice date. (There will be no change to the fee agreement.)
In the unlikely event that the Artist is unable to attend a contracted performance, (except in extreme circumstances) a full refund of any performance fee will be paid back to the Client within 14 business days of the booked performance date. Alternatively, if all parties agree to reschedule the booked performance for another date, the existing booking deposit will be held by “Rockabilly Australia Pty Ltd” for the rescheduled performance booking confirmation.
Additional Fees for Late/Overdue Payments
If payment has not been received in full within 30 days from the due date stipulated on the Tax Invoice, the Client will be liable for an additional 25% fee of the total outstanding amount. An adjusted invoice including the additional late fees will be sent to the Client’s nominated email address to be paid in full within 30 days from the new invoice date.
If the outstanding amount has not been paid by the due date stipulated on the invoice, the Client will be liable for an additional compounding fee of 25% of the total remaining outstanding balance, issued via Tax Invoice every 30 days until the debt has been settled.
If the outstanding amount exceeds $10,000 AUD or is outstanding for a period exceeding 180 days, the debt will be forwarded on to a collection agency at the expense of the Client.
Accommodation
In circumstances where the Artist/Performer will require accommodation, unless otherwise discussed, it is the responsibility of the Client to book and pay for any accommodation required for the necessary number of nights as per written discussion. The Client is to ensure that all relevant accommodation booking confirmation notices are emailed to Rockabilly Australia Pty Ltd at least 14 days prior to the date of check in.
Accommodation arranged by the Client must be private, secure & comfortable and include; safe vehicle parking, microwave, fridge, kettle, tea & coffee, air-conditioning and must have its own bathroom unless otherwise negotiated prior to the booking.
Travel & Flights
In the event the Artist is required to travel a significant distance to attend a scheduled performance, the cost of travel for the Artist and its equipment will be the sole responsibility of the Client.
Depending on the travel distance and performance equipment requirements, the Artist may be required to travel by either road or air. Should the Artist need to be transported by aeroplane, it will be the responsibility of the Client to ensure safe and reliable transport arrangements have been made for the Artist and their Performers along with their equipment upon their arrival (such as a shuttle bus or hire car) at the Clients’ expense.
Equipment
Rockabilly Australia Pty Ltd endeavour to ensure all of their Artist’s equipment is of the highest possible standards at all times. It is the responsibility of the Client to ensure any and all equipment supplied for the Artist’s use is of the highest possible standard and in good working order.
Unless arranged prior to the confirmation of the scheduled performance, the Client will be responsible for providing an appropriately sized PA system, “Back-Line” Equipment, Stage Lighting and a Sound/Lighting Engineer for the duration of the scheduled booking.
Should the Artist be required to provide their own equipment, including PA System & “Back-Line” equipment such as Drum Kit, Bass Amplifier & Guitar Amplifier, additional fees will occur as stipulated.
In circumstances in which the Artist is required to travel via plane, the Client will be responsible for the supply of all required equipment unless arranged otherwise prior.
Performance Location & Staging
The Client is responsible for ensuring the staging is safe & secure with everything up to OH&S standards. If the stage location is outdoors, the Client is responsible for the safety of the Artist & its members and their equipment in the event of bad weather.
The Client is to ensure the stage has a minimum of four 240v power outlets, is safe, secure, not visually obstructed in any way and is of an approximate minimum size of 18 square metres.
Out of respect for the Performers, any television screen or projector screen situated behind or above the stage are to be turned off at all times during the scheduled performance, or alternatively, display the Artist’s logo, graphics or effects.
Under no circumstance is there to be any televised sport or gambling (such as Football or Keno) displayed within close proximity of the stage area during or within 30 minutes either side of the scheduled performance. Breach of this condition may result in the performance being stopped or cancelled at the Clients’ expense.
Performance Times
The Artist and its Performers will always endeavour to be at the performance location at least 1 hour prior to sound-check start time, unless organised otherwise.
“Rockabilly Australia Pty Ltd” & its Artists always endeavour to ensure stipulated performance start and finish times are adhered to whenever possible.
Sale of Merchandise
The Artist must be given the right to display and sell merchandise during the scheduled performance, and at least 30 minutes prior to and after the scheduled performance times from a mutually agreed position without any payment or compensation to the Venue and/or Client.
Marketing & Promotional Material
The Client will receive at the time of booking confirmation, any applicable Promotional Material pertaining to the Scheduled Performance, including the Artist’s Biography, Photos, Video Links, Posters & Social Media Links.
Dressing Room
The Client is to ensure there is clear access to a private dressing room with a full length mirror, at least one 240v power outlet, seating and bottled water.
Intellectual Property & Ownership
You understand the business name “Rockabilly Australia”, and any creative works associated with this name are owned by, and are the Intellectual Property of Rockabilly Australia Pty Ltd.
Occupational Health & Safety
All parties involved in the production of the event, (including any third-party entity such as sound & lighting crews), must adhere to any & all Occupational, Health & Safety (OH&S) guidelines as set out by the governing body in which the event takes place with due care and diligence.
Public Liability Insurance
Upon request of the Client, a Public Liability Insurance Certificate of Currency or equivalent can be provided by the Artist.
All parties are solely responsible for their own insurance. It is the responsibility of the Client to ensure all relevant parties including the Venue and any third-party production teams hold their own relevant insurance policies.
Disputes
In the event of a dispute or complaint from either party, the issue must be put in writing within 30 days. Third party statements should be obtained where possible to back up any claims. If the matter cannot be resolved or an agreement reached, both parties should seek alternative measures to rectify the dispute.