Terms & Conditions
Queen Acknowledgements Booking Agreement
The terms set out below will form a booking agreement between Queen Acknowledgements and the Client (the Agreement), commencing on Agreement Date and ending once the parties have completed their obligations under the Agreement.
Description
Particulars
1. Agreement Date
Client Details
2. Queen Acknowledgements
Name: Indigucation Pty Ltd trading as Queen Acknowledgements
ACN: 667 625 701
Address: 17 Lillian Street, Doreen VIC 3754
Contact Person: Nartarsha Bamblett
Contact Email: bookqueenevents@gmail.com
3. Presenter/Facilitator
Nartarsha Bamblett
4. Client
Name:
ABN: [insert]
Address: [insert]
Contact Person: [insert]
Contact Email: [insert]
5. Engagement
Type of Booking: [insert]
Date: [insert]
Time: [insert]
Length of Presentation/Engagement: [insert]
Location: [insert]
Number of attendees: [insert]
Engagement: [insert]
6. Services
Queen Acknowledgements agrees that the Presenter/Facilitator will provide the following services at the Engagement:
(a) Ceremonial Queen Acknowledgements
(b) Mentoring program
(c) Cultural Awareness Training
(d) Acknowledgement to Country Workshop
(e) Keynote Speaker
7. Client Responsibilities
The Client agrees that it has the following responsibilities in relation to the Engagement and will fulfil these responsibilities in a complete, timely and professional manner:
(a) The Client will allow the Presenter/Facilitator to carry out a sound check the Presenter/Facilitator requires.
(b) The Client will seek the Presenter/Facilitator(s) consent before taking photographs, or making sound or video recordings at the Engagement.
(c) The Client will hold valid public liability insurance to cover the Engagement and will supply a copy of the insurance policy to Queen Acknowledgements if it requires.
8. Additional Requirements
The Client will supply the Presenter/Facilitator with the following in relation to the Engagement:
(a) Accommodation:
(b) Flights:
(c) Transfers:
(d) Meals:
(e) Dressing Rooms:
(f) Parking:
(g) Support People/s:
9. Fee
In consideration for the Presenter/Facilitator providing the Services for the Engagement, the Client will pay Queen Acknowledgements the following:
(a) The Service Fee: $
10. Payment Schedule
The Client is required to pay the Fee and Expenses according to the following:
(a) Balance of Fee: 50% of the Fee within 7 days of completion of the Engagement.
(b) Expenses: Prior to the commencement of the Engagement at time of the deposit.
11. Payment Terms
(a) Queen Acknowledgements will provide an invoice made out to the Client for all payments due under this Agreement.
(b) The Client must pay each invoice by the due date set on the invoice, into the bank account listed on the invoice.
(c) All charges in this Agreement are listed exclusive of any GST that is payable. The Client must pay GST where GST is listed on an invoice.
(d) Time is of the essence in relation to the payment of each invoice.
(e) The Client is not permitted to announce that the Presenter/Facilitator will be providing Services at the Engagement until the Client has paid Queen Acknowledgements the Deposit.
12. Promotion
(a) Queen Acknowledgements provides consent to the Client to use Queen Acknowledgements’ and the Presenter/Facilitator(s) name as well as approved photographs and biographic material for promotional purposes relating to the Engagement and for no other purpose (Brand Assets).
(b) Unless Queen Acknowledgements waives this right in writing, Queen Acknowledgements must approve all promotional material that includes Brand Assets before the material is published.
(c) Where the Client permits Queen Acknowledgements to photograph or video the Services Engagement, the Client provides Queen Acknowledgements with all necessary consents for Queen Acknowledgements to use the photographs and videos for self-promotional purposes (and such consent shall include consents from staff, attendees or other persons at the Engagement).
(d) The Client also agrees that Queen Acknowledgements can list the Client (and the Client’s logo) on any published client list belonging to Queen Acknowledgements.
13. Intellectual Property
(a) Queen Acknowledgements owns, or has a licence to use, all intellectual property utilised during the provision of the Services (the IP).
(b) Queen Acknowledgements grants the Client a limited, non-exclusive licence to use the IP in order to enjoy the Services as part of the Engagement and for no other purpose.
(c) If the Client wishes to use the IP for other purposes, it must seek Queen Acknowledgements’ prior consent and additional fees may apply.
14. Cancellation by Client
(a) The Client may cancel the Engagement for ‘change of mind’ only where it provides 7 days written notice prior to the date of the Engagement, whereby the Client will receive a full refund of the Deposit.
(b) The Client may cancel the Engagement due a Force Majeure Event but only where it provides 48 hours written notice. The Client is not entitled to a refund of the Deposit where it cancels under this clause.
(a) If the Client otherwise cancels the Engagement, to the full extent permitted by law, the Client remains liable to pay Queen Acknowledgements the full Fee and any out-of-pocket costs Queen Acknowledgements has already incurred in relation to the Engagement.
15. Cancellation by Queen Acknowledgements
Queen Acknowledgements may cancel the Engagement as follows:
(a) Where the Presenter/Facilitator cannot perform the Services due to illness of the Presenter/Facilitator or their family members.
(b) Within 30 days of the date of the Engagement, for convenience.
Where it cancels under (a) or (b) above, Queen Acknowledgements will provide to the Client a full refund of any monies paid.
Queen Acknowledgements may also cancel the Engagement as follows:
(c) Where the Presenter/Facilitator is ready, willing and able to provide the Services, but is unable to do so due to a Force Majeure Event (which expressly excludes the illness of the Presenter/Facilitator or their family members).
Where it cancels under (c) above, Queen Acknowledgements is entitled to keep the Deposit and the Client must pay for any out-of-pocket costs Queen Acknowledgements has already incurred in relation to the Engagement. However, the balance of the Fee is not payable.
(d) Where the Presenter/Facilitator does not feel comfortable, secure or safe to provide the Services at the Engagement as a result of the Client not fulfilling the Client Responsibilities or Additional Requirements listed above.
Where it cancels under (d) above, Queen Acknowledgements is entitled to keep the Deposit and the Client must pay for any out-of-pocket costs Queen Acknowledgements has already incurred in relation to the Engagement. In addition, 50% of the balance of the Fee shall be payable to compensate Queen Acknowledgements for its estimated loss as a result of the Engagement not proceeding including loss of profits, rescheduling of resources and internal administration costs.
16. Liability
(a) Nothing in this Agreement restricts, limits or excludes any rights the Client may have under the Australian Consumer Law (ACL) or any other law.
(b) Queen Acknowledgement’s liability to the Client for any Loss suffered by the Client in respect of the Services, including in respect of a failure to comply with any applicable consumer guarantees under the ACL, is limited to the fullest extent permitted by law and at Queen Acknowledgement’s election, to either resupplying the Services again; or paying the cost of having the Services supplied again.
(c) The Client releases Queen Acknowledgements from any Loss it suffers as a result of a cancellation under this section.
17. Special Conditions
(a) The Agreement is an agreement between independent contractors and does not create a relationship of partnership, employer and employer or principal and agent.
(b) The Client agrees to comply with all rules, regulations and other laws relating to hosting the Engagement, including any venue rules and regulations.
18. Definitions
(a) Force Majeure Event means an act of god, war, natural disaster, pandemic, global financial crisis, financial crisis, injury or illness, death in the family, government shutdown or similar restrictions, hacking, viruses, internet connectivity issues, power outages and any other cause not reasonably within the control of the party affected.
(b) Loss means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
ACKNOWLEDGEMENT OF BINDING AGREEMENT
Signed as an agreement by INDIGUCATION by its duly authorised representative:
Signed as an agreement by Client by its duly authorised representative
Signature of authorised signatory
Name:
Date:
Signature of authorised signatory
Name:
Date: