Terms and Conditions
1. Introduction
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 signing below and paying the applicable Booking Invoice to secure the Booking, you are agreeing that you have read, understood and agreed to these Terms & Conditions.
2. Definitions
‘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 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. Booking Fee/Deposit
4.1. All confirmed bookings will require the minimum 30% Booking Fee, payable within five days days of the client receiving an invoice from Unplugged Entertainment. This fee is refundable during the cooling off period of 72 hours from payment.
4.2. The Booking Fee locks in the talent for your date and goes toward the work done for your event by Unplugged Entertainment. This fee is non refundable after the 72 hour cooling off period.
5. Cancellation
5.1. If the Client cancels an event for any reason:
a) More than 90 days before the Event, Unplugged will retain 30% of the full invoice (the booking fee); 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.
5.2. 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 5.2.
5.3. 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).
5.4. 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.
6. Booking Changes
6.1. In the event the Client wishes to change artists after booking their talent, then the 30% booking fee will be forfeit and a new 30% deposit will need to be paid. This fee will go towards the original acts loss of income for holding the original date.
6.2. Once a booking is confirmed, our musicians commit specific time slots to your event, and their rates are based on this commitment. We do not offer refunds for reductions in booked times, ensuring fair compensation for the musicians' dedicated availability.
7. Re-scheduling a Booking
7.2. If the Client wishes to reschedule their 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
7.3. If the Client wishes to reschedule their event, the following terms will apply:
a) If the Client reschedules their event less than 30 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 their 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.
c) If the Client wishes to reschedule their 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
7.4. 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.
8. Bump in for our performers
8.1. Our bookings allow for 1 - 1.5 hours setup prior to the start of your wedding for our Talent to unload, setup and perform sound checks etc.
8.2. If setup is required earlier than this time, an extra fee will be charged for our Talent's additional time.
9. Outdoor Weddings
9.1. Unplugged Entertainment will use their reasonable endeavours to continue an Event during an inclement weather event. If the event is located outdoors or partially outdoors, Unplugged Entertainment and our Talent fully reserves the right to stop or cancel the event if, in Unplugged’s sole opinion, the weather poses a potential danger to our Talent or its or Unplugged’s equipment
9.2. For any outdoor performances, the client shall, at its own cost, provide our talent with a marquee or overhead shelter to cover and protect our act and/or the talent’s equipment. Unplugged reserves the right to cancel the event where the protective cover provided by the client is not, in Unplugged’s sole opinion, adequate.
10. Equipment
10.1. Unless organised with your booking manager, our talent will provide all professional equipment they require for your wedding.
10.2. The exception to clause 11.1 is if there is no power at the wedding, and we need to hire a battery speaker which would be an additional cost to be determined once we are made aware of this fact.
10.3. If there are big changes from the initial booking with the venue or guest numbers which require different production this will incur an extra fee which will be discussed with the client.
11. Meals
Meals must be provided for our Talent for all weddings unless the Talent finishes at 6pm OR starts at 8pm or later.
12. Restrictions
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.
13. Warranties & Indemnity
13.1. 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.
13.2. Each party warrants that they have the right and power to enter into and fully perform their obligations under this Agreement.
14. General
14.1. 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.
14.2. The terms of (and any negotiations leading up to) this Agreement are confidential between the parties.
14.3. This Agreement cannot be altered unless in writing and signed by both parties.
14.4. he laws of Victoria, Australia govern this Agreement.
14.5. This Agreement may be signed in counterparts.
14.6. Neither party shall be entitled to assign this Agreement to another party.
15. Artist Safety
15.1. The client shall take on responsibility for the safety of the artist within the booked timeframe. This can be through security guards, barriers or verbal communication with the guest/patrons.
15.2. The Client agrees to provide the artist with a safe, professional area to perform with adequate space to perform freely (without constriction) and without interference from guest/patrons.
15.3. The client acknowledges that if the artist(s) feel unsafe at any time during the booked timeframe they may stop the music/performance and address the guests/patrons and ask kindly for safety measures to be improved. Should the environment remain unsafe then the artists reserve the right to terminate the remainder of the booking and the client will forfeit the full fee.
15.4. The client acknowledges that any damaged incurred to the artist(s) equipment by way of improper safety measures or negligence from guests/patrons will be covered by the client at an extra cost.
15.5. If the booking is within a private residence the client acknowledges they will be responsible for all safety measures and the safety of the artist(s) including any criminal incidents eg theft, violence or abuse.
