WILLIAMS CREATIVE CO | ENTERTAINMENT SERVICES | TERMS AND CONDITIONS
This is an Agreement under which you(hereafter ‘the Client’, ‘you’ or ‘your’) agree to use our Services as described in this Agreement and supplied by us (‘the Terms’).
These Terms are important because they setout the rights and obligations of you as our Client, when making a Booking for the date specified on our invoice (‘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
1.1 We provide professional entertainment services that are outlined in your Invoice (hereafter ‘Services’).
2.1 You acknowledge that until a Booking Fee is paid (in accordance with Clause 3),your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date.
2.2 An expression of interest means that a proposed Booking Date is “held” for a period of 21 days 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.
3.1 You must pay a 50% booking fee (including GST) within seven (7) days in order for your Booking Date to be confirmed (‘the Booking Fee’).
3.2 Such Booking Fee is non-refundable unless otherwise provided by these Terms. The purpose of the Booking Fee is to secure our Goods and Services on the specific Booking Date, and for costs and expenses for work performed in order to prepare for your Booking. You acknowledge that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.
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 Booking Date.
4.3 Any payments made to us will be made via EFT or Credit Card.
4.4 Where you receive the Order Invoice through the assistance of a Third Party Payment Provider such as Square, Paypal or Stripe (‘TPPP’), you acknowledge that you have read over those TPPP terms and conditions thoroughly. The TPPP or their bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the invoice, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP. You agree to keep your information including your email address and payment details up to date so that the TPPP and we can process payment and contact you as needed in connection with the provision of the Services.
4.5 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.
4.6 If any payment is not made when due, you shall also pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing changes and any other expenses of whatever nature incurred by us in collecting or attempting to recover all of part of the debt.
5.1 You may cancel this agreement at any time, by notifying us in writing and by doing so, you forfeit the non-refundable Booking Fee.
5.2 Where you wish to cancel or postpone, the following applies:
Less than four (4) weeks = 100% of total Package Price is forfeited/due
5.3 We will use our best endeavors to meet your requests for a postponement of date however it must be a date that is mutually agreeable.
5.4 Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within 90 days (3) months of the original Booking Date. If a date is required beyond this, further fees may apply.
5.5 You must have an inclement weather plan. Refunds will not be given if inclement weather impacts your event, unless such weather event falls within the definition given in Clause 17. In those instances, the remedy in Clause 17 will apply. Where you wish to cancel or postpone your Event Date due to weather, these will be treated in accordance with our cancellation and postponement policies above.
5.6 We may terminate the Agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of the Invoices. Where we terminate the Agreement for a breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
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/video for our marketing purposes.
6.2 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.
7.1 You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs/footage 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.
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.
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 onus. Negotiation with the officials for moderation of guidelines is your responsibility.
10.1 It is your responsibility to ensure that guests are not interfering with us or the delivery of our Services.
11.1 Hours of coverage are continuous. We will take small breaks as necessary throughout this period as set out in your invoice.
12.1 Client to provide light meal / water for each member of act if the total call time exceeds 6 hours. Hours counted from sound check until gig completion. Basic food option/shared plate, etc.
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.
14.1 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.
15.1 You acknowledge that you are familiar with our servicesand are requesting Services with knowledge of our style. You acknowledgethat our work is constantly evolving and that our Services are of a unique andartistic nature. You acknowledge that the Services may be different from workdone 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. Accordingly, you acknowledge that the Services shall not be subject to rejection on the basis of taste or aesthetic criteria.
15.2 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.
15.3 To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:
15.3.1. Any act or omission by you;
15.3.2. Any breach of these terms; and
15.3.3. Any third party claim against us;
Arising from or in conjunction with this agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by us.
15.4 For the purposes of this clause, “liability” means any expense, cost, liability, loss, damage, claim, demand or proceeding (whether under statute, contract, equity, tort (including negligence),indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent.
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.
17.1 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 cancellatio nor postponement.
These Terms are governed exclusively by the laws of Western Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Western Australia.
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.