Terms and Conditions
Events Now Services Agreement.
Set out below are the terms and conditions under which Events Now Pty Ltd (ACN 154 830 369) provides services to consumers. These terms and conditions are to be read in conjunction with the details contained in your Quotation. If accepted, the Quotation and these terms and conditions will form the terms and conditions of an agreement between you (you, user or Client) and Events Now Pty Ltd and/or the performer booked by you.
1. The meaning of some words used in these terms and conditions
In these terms and conditions, unless the context suggests otherwise, the following words will have the following meanings:
Booking means an agreement between you and an Events Professional for the Events Professional to provide you with the services specified in the Quotation.
Parties means us and you or the Events Professional and you as the circumstances require.
Premises means the place where we will provide the Events Now Services specified in your Quotation.
Events Now Services means the provision of Booking services by Events Now which enables you to make a Booking as specified in the Quotation provided to you.
Events Professional means a person with whom you make a Booking.
Quotation means the written offer provided to you in accordance with clause 4.3
We, us or our means Events Now Pty Ltd (ACN 154 830 369).
You, the client, the hirer or your means the person named on the Quotation as the person who has made or wishes to make the Booking or acquire the Events Now Services.
2. About these terms and conditions
2.1 If you make a Booking, these terms and conditions and your Quotation will constitute a legally binding agreement between Events Now and you for the provision of Events Now Services and between the Events Professional named in the Quotation and you to provide you with the services specified in the Quotation.
2.2 If you do not agree to these terms and conditions, you must not make a booking request or make a Booking.
2.3 Events Now reserves the right to amend these terms and conditions from time to time in its sole discretion and, by making a booking request at any time, you acknowledge that you have read, understood and agree to be bound by the current terms and conditions in place.
2.4 If you do not understand any of the terms and conditions, or if you have any questions, please contact Events Now at firstname.lastname@example.org
3. The relationship between Events Now, performers you book via Events Now and you
When you engage Events Now to provide Events Now Services a binding services agreement will be formed between Events Now and you. In addition, when you engage an Events Professional to provide you with the services specified in the Quotation, a contract is formed between you and the Events Professional and Events Now acts as a booking agent for the Events Professional. Events Now will not be a party to any contractual relationship between you and the Events Professional
4. How you may create a Booking or acquire Events Now Services
4.1 In order to make a Booking or acquire Events Now Services you need to submit a booking request by email to email@example.com
4.2 When making a request, you will be required to provide certain information including your name, postal address and telephone number. You agree that any information you provide in the booking request or during the booking process will be complete and accurate.
4.3 Events Now will respond to your request with a Quotation. Quotations are offers to supply the services stated in the Quotation on the terms and conditions contained in the Quotation and these terms and conditions. As set out above, Events Now is acting as a booking agent for the Events Professional concerned, in which case a contract will be formed between you and the Events Professional and Events Now will not be a party to the agreement formed.
4.4 You may accept the Quotation by signing and returning the Quotation to us or by contacting us by telephone on 0416 19 98 80 and paying the Reservation Fee. After you have accepted the Quotation, a legally binding contract will be formed between you and us and between you and the Events Professional (s) concerned.
4.5 Unless otherwise agreed in writing, a Reservation Fee is 25% of the total fees payable for the Booking at the time of booking. Reservation fees will only be refunded in accordance with these terms and conditions.
4.6 The balance of monies must be paid 1 calendar month prior to your event, unless otherwise stated in the Quotation. If the balance is not paid for by the nominated date we may, at our option, elect to:
(a) charge you interest (at an interest rate of 10 %) on any outstanding amounts if those outstanding amounts remain unpaid for more than 10 days from the due date; or
(b) terminate the Booking or the agreement to provide the Events Now Services, in which case the Reservation Fee will be forfeited and will not be refunded.
4.7 All prices that are quoted are GST inclusive.
4.8 In order to ensure that there are no non-appearances or let downs, if you make a request and receive a Quotation via telephone, details of the request and Quotation will be confirmed with you in writing and you will be asked to accept the confirmation by returning a signed copy of the Quotation. In the event that a request is made on very short notice, details of your Quotation may be sent to you after the event has occurred for your records. In these circumstances, payment of the Reservation Fee and/or performance fee by you will signify your agreement to the Booking and the Events Now Services on these terms and conditions and the terms discussed with you by telephone.
4.9 Events Now may in its absolute discretion accept or decline a request to provide Events Now Services. In addition, Events Now is not responsible for determining whether an Events Professional will accept or reject a Booking request. Events Now will not be liable to you for your loss (consequential, direct or indirect) or that of any third party for the rejection of any Booking request.
5. Events Now Services
5.1 In providing the Events Now Services, Events Now will: (i) use reasonable care and skill; (ii) comply with all commonly accepted practices and standards in the entertainment sector; and (iii) comply with the laws and regulations in force in Victoria at the time the Events Now Services are provided.
6. Performance of Bookings
6.1 When acting as a booking agent for Events Professionals, Events Now acts as a booking agent/negotiator only and is not a party to any contract that is formed between you and the Events Professional. For this reason we cannot accept responsibility for non-fulfilment or breach of any such contract.
6.2 There may be times when particular Events Professionals are unavailable for or decline a Booking request. Wherever possible, we will offer to book an alternative Events Professional for you of similar price and quality. If Events Now is unable to arrange an acceptable alternative for you, all monies held by us on your behalf will be refunded.
6.3 If you have made a Booking to engage the services of a number of Events Professionals who are a member of a group or a band and one of the Events Professionals who forms a part of that group or band is unable to fulfil a Booking, for example due to illness, change of personnel or for any other reason, the Events Professionals may (in consultation with Events Now) substitute regular members of the band or group with a competent replacement without notice or compensation. In such circumstances no reduction in agreed fees will apply. Where there is a major change to a line up or group we will endeavour to discuss any changes with you.
7.1 Booking Cancellations
In order to cancel a Booking you must notify us in writing by email to firstname.lastname@example.org In the event that you cancel a Booking the following fees will apply.
(a) Cancellations within 0-30 days of the scheduled event – 100% of the Reservation Fees will be payable;
(b) Cancellations within 31-60 days of the scheduled event – 75% of the Reservation Fees will be payable
(c) Cancellations within 61-90 days of the scheduled event – 60% of the Reservation Fees will be payable;
(d) Cancellations made 91+ days of the scheduled event – 10% of the Reservation Fees will be payable
7.2 Cancellation by an Events Professional or by Events Now
Without limiting clause 6.3, in the unlikely event that Events Now or an Events Now Professional cancels a Booking, you will be offered a full refund. In such circumstances, in order to avoid disappointment, Events Now will work with you to find an alternative or replacement Events Now Professional.
8.1 Events Professionals are to be provided with meals and drinks equal to those provided to your other guest at your wedding, party or corporate event. This will mean that they are included in your meal/drink package supplied by your venue. The hirer must make an appropriate space available for use during breaks inside the venue. In addition, when performing more than three hours outside the Melbourne CBD, suitable overnight accommodation (approved by Events Now) must ordinarily be supplied.
8.2 You must provide a suitable performing area for Events Professionals. This area must be safe and without risk to health. Like audiences, event professionals expect a safe environment for themselves, their instruments and equipment. If there is inclement or threatened inclement weather (e.g. rain, snow, extreme winds, lightning) you must provide appropriate shelter or ensure that Events Professionals are able to perform indoors. Our people and their instruments/equipment are both precious. Water and electricity do not mix well. The hirer must provide an electrical supply meeting, or exceeding, Australian Standards where electrical equipment is to be used as part of a performance.
8.3 If Events Professionals are expected to wear stage clothing you must provide adequate dressing room facilities. The use of toilets for this purpose is unacceptable and may result in the Events Professional appearing in casual clothing.
9. Non Solicitation
9.1 You agree that you will not, for a period of 12 months from the date of your Booking or the date of your agreement with Events Now seek to engage, engage or solicit the services of any Events Professional with whom you have made a Booking. If you wish to re-book an Events Professional, this must be done through Events Now.
You warrant that:
(a) You have read and understood these terms and conditions and the quote and agree to comply with the terms of these terms and conditions and the quote at all times;
(b) You have not been induced to enter into an agreement with us by reason of any promise, representation, warranty or guarantee or undertaking whatsoever other than as is expressly stated in these terms and conditions and the quote;
(c) You have been given the opportunity to take legal advice on these terms and conditions and the quote;
(d) You have the capacity, power and authority to perform this agreement and have taken all necessary action in order to authorise its entry into this agreement; and
(e) You have obtained all third party approvals necessary for you to perform your obligations under this agreement.
You indemnify us and our directors, employees, contractors, agents and workers and shall keep us indemnified against all actions, costs, charges, claims and demands in respect of:
(i) any breach of this agreement by you including without limitation the enforcement or the attempted enforcement of this agreement;
(ii) any act or omission by you or your employees, contractors, workers or agents;
(iii) liability for all loss, damage or injury to any person or property caused by you, your employees, contractors, workers or agents in the course of Events Now or any Events Professional providing services to you.
(a) To the extent permitted by law, the liability of Events Now under or in connection with this agreement whether arising in contract, tort, negligence, breach of statutory duty or otherwise must not exceed the fees paid by you to Events Now under this agreement.
(b) Without limiting the foregoing, to the extent permitted by law, Events Now limits its liability in respect of any claim to, at its option:
(i) to the supply of the Events Now Services to you again; or
(ii) the payment of the cost of having the Events Now Services supplied again.
(c) Events Now will not be liable to you in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by you of an indirect or consequential nature including any economic loss or other loss of turnover, profits, business or goodwill.
11. Communicating with us
Please contact us on 0416 1998 80 or email us at email@example.com
12.1 These terms and conditions may be varied by agreement in writing.
12.2 Without limiting the foregoing, we reserve the right to amend these terms and conditions on the provision of 30 days’ notice in writing.
12.3 If notice of variation is given to you in accordance with this clause, you may choose to accept the variation or terminate the agreement on the provision of 7 days’ notice in writing, which notice must be provided to us within 21 days of us having given you notice of variation.
13. Law and jurisdiction
This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Victoria, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Victoria.
I have read and understood these terms and conditions and understand that I am entering into a legally binding agreement.
Please Sign and Date…………………………………………………………………………………………………