Thank you for choosing Explosive Entertainment (ABN 59 113 325 596) (hereafter ‘our’, ‘we’, ‘us’) for your event (hereafter ‘the Event’) on a particular day (‘the Booking’).
This is an Agreement under which you (hereafter ‘the Client’, booking agent, venue ‘you’ or ‘your’) agree to use our Services as described in Clause 1 of this Agreement and supplied by us (‘the Terms’).
These Terms are important because they set out the rights and obligations of you as our Client, when making a Booking for the date specified (‘the Booking Date’). Please read the Terms carefully before making your Booking with us, or before receiving any of our Services.
Your Booking is confirmed once you have accepted these Terms. These Terms may be accepted either through acknowledgement of these terms by way of email booking (venue or agent) or the payment of the Booking Fee in accordance with Clause 3. These Terms expressly supersedes all prior agreements or arrangements with you and constitutes the entire agreement between us and you.
1. Scope of Services
1.1 We provide professional entertainment services that are outlined in your invoice (hereafter ‘Services’).
2. Expression of Interest
2.1 You acknowledge that until a Booking Fee is paid (in accordance with Clause 3), your enquiry (whether by online communication (chat/email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date. Venue or agents agree upon confirmation of event once official email booking confirmation sent to Explosive Entertainment
2.2 An expression of interest means that a proposed Booking Date is “held” for a period of 24 hours from the date of the formal expression of interest. After that period of 24 hours we cannot guarantee that the proposed Booking Date will be available.
3. Booking Fee
3.1 We will provide you with an invoice setting out the total invoice amount (‘the Price’) for the Booking. The Price is subject to change in accordance with these Terms.
3.2 You must pay a non-refundable booking fee of $100 per service within 3 business days of receiving your invoice for your Booking Date to be confirmed (‘the Booking Fee’). Venue or agent to retain (“the booking fee”) unless cancelled after booking confirmation and to be paid to Explosive Entertainment
3.3 Such Booking Fee is non-refundable. The purpose of the Booking Fee is to secure our Services for the Booking Date, and for costs and expenses for work performed to prepare for your Booking. The Booking Fee has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel the Booking, regardless of whether we are able to book another client on your Booking Date.
4. Payments
4.1 You agree to make payment of the Price for our Services. This amount will be provided in an invoice and may include any other further charges incurred in accordance with the Terms.
4.2 You are required to pay for the Services as follows:
4.2.1. The Booking Fee as outlined in Clause 3; and
4.2.2. The remainder of the Price (being ‘the Final Payment’) due Fourteen (14) days before your event Date. Venue or Agent seven (7) days post event date.
4.3 Any payments made to us will be made via direct deposit/bank transfer/credit card.
4.4 Failure to pay the Final Payment means that we may terminate, suspend or withhold the provision or performance of Services until such payment is made. We also reserve the right to recover any outstanding amounts.
4.5 We reserve the right to increase the Price where there are any last-minute changes to your requirements, extra goods, additional hours or increase in labour. The additional charges are payable within 24 hours of that extra invoice unless it is already contained in the original invoice.
5. Cancellation or Postponement of Booking
5.1 You may cancel this agreement at any time, by notifying us in writing and subject to the clauses below.
5.2 Where you wish to cancel and you give proper notice, being one (1) month (‘Notice’), any monies paid beyond the Booking Fee to us will be returned to you as soon as reasonably practicable. Upon providing Notice, you may also postpone your Booking to a date mutually agreed between us. If a date is agreed, we will transfer your Non-Refundable Booking Fee to that new Booking Date. Where reasonable attempts have been made to find a mutually acceptable new date and parties are unable to agree, we will retain the Non-Refundable Booking Fee in accordance with these Terms.
5.3 Where you wish to cancel and Notice is not, or cannot, be provided, all monies paid, including the Booking Fee will be retained. If you cannot give Notice but want to postpone, this can be done so if a date can be mutually agreed between us. If a date is agreed, we will credit any monies to that new date. Where reasonable attempts have been made to find a mutually acceptable future date and parties are unable to agree, this will be treated as a cancellation.
5.4 At any time, before or during the Event, we may withdraw or cancel our Services in some circumstances. In Such circumstances you will be entitled to a refund of any monies paid but no further compensation as a result of any loss or hardship incurred due to the withdrawal of our services. In other circumstances including but not limited to (i) discovery of new information; (ii) changes to agreed circumstances, (iii) other factors which tend to circumvent our policies, including non-cooperation, changes in locations, facilities, or available times, missed appointments and late payments or (iv) threatening, harmful or violent behaviour or damage to our equipment (v) Your Inability to provide a safe workplace, you acknowledge that you are not entitled to any refund or compensation for the cancellation or withdrawal of Services.
5.5 You acknowledge that you are familiar with our services and are requesting Services with knowledge of our style. You acknowledge that our work is constantly evolving and that our Services are of a unique and artistic nature. You acknowledge that the Services may be different from work done by us in the past and that in providing the Services, we shall use our own creative artistic judgment to create those consistent with personal judgment and consistent with our vision of the Event. This may be different from your vision of the Event. Accordingly, you acknowledge that the Services shall not be subject to rejection on the basis of taste or aesthetic criteria.
6. Intellectual Property
6.1 You acknowledge that we may take images and/or video of our Services at your Event. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free non-exclusive license to use any such images for our marketing purposes.
6.2 Any photographs, videos or sound recordings taken by you and any guests at the Event must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes must be approved by us in writing.
6.3 Images of people, places and/or products posted on our website are either the exclusive property of us or are used herein with the express permission of us. Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of us or our suppliers, partners, or affiliates and is protected by Australian and international copyright laws. You also acknowledge that you have read and understood any terms and conditions that relate to the use of content and material on our Website.
6.4 All creative work and Services provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the Services within your Booking.
7. Model Release
7.1 You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.
7.2 You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography so as to ensure that we can use and publish the photographs of those persons. You hereby release us and assigns from all claims and liability relating to said footage. It is agreed that we may display and use the footage taken for advertising, display, website and internet promotion, videography or film contests, public display and any other purpose thought proper by us.
8. Cooperation
The parties agree to positive cooperation and communication for the best possible result within the definition of this Agreement. We are not responsible for key individuals’ failure to be present or to cooperate during the Event
9. House Rules
We are limited by the rules, regulations and guidelines of the ceremony official or venue management, if applicable. You agree to accept the technical results of their imposition on us. Negotiation with the officials for moderation of guidelines is your responsibility.
10. Exclusivity
10.1 It is understood that we will act as the sole and exclusive Band or DJ on the Booking Date.
10.2 It is your responsibility to ensure that guests are not interfering with us or the delivery of our Services.
11. Hours of Coverage
11.1 Hours of coverage are continuous. We will take small breaks as necessary throughout this period.
11.2 Additional hours of coverage will be charged at $175.00 per hour. We will notify you on the day/night of the event when our Services are ending. We will only stay on for additional hours at our absolute discretion and when given approval by you. In this case an additional invoice will be issued to you.
12. Meals
12.1 You shall provide a meal for us, and any employees or contractors. It is your responsibility to advise us of any significant events during mealtime before they take place.
13. Safety
13.1 You shall agree, while working with us, you and any of your guests will not undertake any illegal or dangerous activities that threaten our safety and well-being.
13.2 We reserve the right to refuse to operate equipment in locations or environments which may result in personal injury or damage to equipment.
13.3 Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government health laws, directions and regulations, including those restrictions relating to gatherings and social distancing.
13.4 If these government health laws, directions and regulations are not strictly adhered to and we feel the personal safety of our employees and contractors are at risk, we reserve the right to exit the Event and our duties and you will not seek any compensation and you will forfeit any fees paid.
13.5 We are not responsible for the failure of any guests or Event participants to follow government health regulation, including those relating to COVID-19, including those restrictions relating to gatherings and social distancing. To the fullest extent permitted by law you agree that we will not be liable to you or any person for any claim resulting from issues relating to COVID-19 or any other public health issues and the following of mandatory rules and regulations relating to the same.
14. Subcontracting of Services
14.1 In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to assist you to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Booking.
15. Warranty, Liability and Indemnity
15.1 To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
15.2 To the fullest extent permitted by law you agree that neither we or our employees will be liable to you or any person for any claim resulting from or arising out of your use of (or inability to use) the Services. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
15.3 To the fullest extent permitted by law, you are liable for, and agree to indemnify us, and our officers, directors, and employees from and against all claims, including reasonable legal costs, resulting from any breach of the Terms or any activity related to your use of the Services, by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
16. Delivery of product end of contractual obligations
16.1 It is understood that our obligations to you are fulfilled when all Services have been completed or delivered to you. Requests for further services or products must be requested in writing and be acknowledged by us. Requests for further services may attract an additional fee or terms.
17. Force Majeure
17.1 We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
17.2 If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you and our obligations under the Terms will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the Booking possible (notwithstanding inconvenience or hardship).
17.3 If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the Booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.
17.4 In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of our control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, we will credit any amount paid already for a date that can be mutually agreed. Otherwise, all money will be returned but for the non-refundable Booking Fee.
17.5 If you choose to book again and an event beyond our control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk, and we are not liable for any loss suffered as a result of the failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.
18. Privacy
18.1 By engaging us to provide the Services, you acknowledge that you have read our Terms and conditions which can be found on our website or provided to you via email on request.
19. Jurisdiction
These Terms are governed exclusively by the laws of Queensland. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Queensland.
20. Severability and Waiver
If the whole or any part of a provision of the Terms is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of the Terms in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under the Terms. Any failure by us to exercise or enforce any one or more of our rights under the Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.