- DESCRIPTION AND LOCATION OF SERVICES
- (a) Services will be provided as per the outlined details in the proposal offered and agreed to.
- (b) The services to be provided under this Agreement shall be performed at the location specified in the proposal.
- (c) The scope and any price variation to the Services must be agreed to in writing by both parties before the varied Services are carried out.
- PRESENTER DUTIES
The Presenter will:
- (a) provide the Services with the professional care, skill and diligence expected of a presenter experienced in providing the same or similar services;
- (b) provide the Services in a competent and timely manner and in accordance with the reasonable directions of the Client;
- (c) remain solely responsible for payment of royalty fees, licence fees and/ or dramatic rights and dramatic musical works and/ or performance fees, fees required by unions and similar organisations, and similar costs. The Presenter will indemnify the Client against any liability or damages, including legal fees, which may arise as a result of violation by Presenter of copyright or intellectual property rights laws;
- (d) not, in performing the Services, use defamatory or discriminatory materials and will not bring the reputation of the Client into disrepute.
- PAYMENT FOR SERVICES
- (a) The Client will pay the Provider as per the rates specified in this Contract.
- (b) The deposit of 50% is due within 7 days to secure the booking, with the final 50% balance due 48 hours prior to the delivery.
- (c) Any variation in payment terms, must be agreed to in writing by both parties.
- (d) Any additional expenses must be pre-approved in writing by both parties.
- (a) No Services will be recorded or reproduced, in any manner or by any means whatsoever, unless there is a specific written amendment to this Agreement, initialled by the Presenter, relating to and permitting such recording or reproduction.
- (b) Where a recording is agreed upon, a copy will be made available to the Presenter.
- (a) Should either party cancel this Agreement without obligation to the other at least 30 days before appearance date, the deposit paid will be returned as a credit note without an expiry date.
- (b) In the event of a late cancellation by the Client, the Client agrees to pay the Presenter for its reasonable preparation costs, providing such preparation costs are adequately described and invoiced.
- (c) If, due to illness, accident, or other force majeure events, the Presenter is forced to cancel the Services, neither party, nor any representative, will be liable for any payment and a full refund will be provided.
- (d) In the event that either party determines that continuation of the Event, or the attendance at an Event, is impacted or affected due to reasonable concerns regarding the health of Event attendees or Presenter posed by disease or epidemic (including, for the avoidance of doubt, COVID-19), either party may terminate the Contract with immediate effect on written notice without further penalty, obligation or liability. In the event of such termination, Presenter shall reimburse to Client within 30 days of receipt of the notice of termination any portion of the Fee that has already been paid by the Client to the Presenter including any deposit. Both parties will use reasonable endeavours to provide the Contractor with as much advance notice of any such requirement to terminate as reasonably possible.
- (e) In relation to Item 5d, any event can be converted to a virtual delivery method delivered from the Presenter’s home studio (insert sample) or at a professional recording studio of the Client’s choice. Any expenses occurred from the recording studio will be paid by the Client.
- (f) Reschedules- There will be 1 free of charge reschedule, with 2 weeks’ notice or more. If less than two weeks is given, the client will incur a fee of 50% of the total booking fee. Any further reschedules will be charged at 50% of the total fee.
- WORK PRODUCT OWNERSHIP
Any work product developed in whole, or in part, by the Presenter in connection with the services, shall remain the property of the Presenter. Upon request, the Client shall sign all documents necessary to confirm the exclusive ownership of the work product to the Presenter.
The Presenter confirms that the following insurance is in place to cover liabilities and/or risks:
- (a) Civil Liability Professional Indemnity $ 5,000,000 any one claim, $ 15,000,000 in the aggregate
- (b) Public and Products Liability $ 20,000,000 any one claim, $ 60,000,000 in the aggregate
The Presenter will not disclose or communicate any information that is the property of the Client. The Presenter will protect all Client information and treat it as strictly confidential. This provision shall continue to be effective after the termination of this Agreement.
The parties agree that the terms of this Agreement may only be changed in writing and signed by both parties.
- GOVERNING LAW AND JURISDICTION
This Agreement is governed by, takes effect and will be construed in accordance with the laws of the Australian state or territory in Item 15 and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that state or territory.
- ENTIRE AGREEMENT
This Agreement supersedes all prior discussions, representations, negotiations and understandings and states all the terms of the agreement between the parties in respect of its subject matter.
By signing this Agreement, you agree to the proposal and this Agreement and the Terms & Conditions herein.