This Agreement will binds Koomurri Entertainment Pty Ltd here on known 'the Artist' and 'the Purchaser' in relation to the presentation of the performance, incursion or workshop.
This Agreements Terms and Conditions apply to all forms of booking the Artist including our online booking or booking documents delivered by email by the Artist or through any third party booking platforms with this direct link asking the Purchaser to accept these Terms and Conditions.
Certain clauses of this agreement differ between School/Preschool bookings and Corporate/Private/Event bookings. These differences are made obvious by way of statement (a) ‘The School Purchaser and (b) ‘the Non-School Purchaser’.
(a) ‘The School Purchaser’ means Australian education department recognised establishments teaching up to HSC along with recognised accredited Preschools. This does not include Universities and higher adult education establishments.
(b) 'The Non-School Purchasers' means corporate, government, universities, higher adult education establishments, NGO's and Not For Profit, Sporting clubs and organisations, Associations, small and medium businesses
Where a clause does not differentiate between the Non School Purchaser and the School Purchaser, then you The Purchaser accept that clause.
The Online Booking Form, the Booking Agreement, the Terms and Conditions and the Rider will be the entire Agreement between the parties with respect to The Performance, Incursion or Workshop.
By agreeing to these terms and conditions, you the signatory on behalf of the Purchaser, warrants that you have authority to enter this agreement on behalf of the Purchaser and bind the Purchaser in respect of the Purchaser’s agreements made in the Agreement.
TERMS AND CONDITIONS
Upon receiving your booking agreement to the email address you have provided, it is taken that your registration is valid for the purposes of performance, cancellations, transfers and payments.
1.2 Invoices and Receipts
All registrants receive a confirmation email on registration. Tax Invoices will be generated and sent to the email address provided. It is the responsibility of the signatory to pass this invoice onto their accounts department.
1.3 Failure to sign and/or return this Agreement upon approval by written correspondence does not represent valid termination of the Agreement.
2. OBLIGATIONS OF PARTIES
2.1 The Artist must comply with the reasonable safety and procedural directions of the Purchaser for each venue
(2.2The Artist will present the Performance at the venue on the date and times specified in the online booking form, in a diligent, professional manner, and to the best of the Artist’s ability. The Artist will have full creative control over the PerformanceThe Artist must comply with the reasonable safety and procedural directions of the Purchaser for each venue.
2.3 The Purchaser will provide the Artist with:
(a) a clean, comfortable and lockable dressing room suitable for up to  persons for the exclusive use of the Artist for a minimum period of one hour prior to sound check to one hour post-Performance, washing and toilet facilities, a table and suitable number of chairs, a mirror, fresh towels and power access;
(b) access to the Venue for the Artist, the Artist’s crew and equipment at least [two hours] prior to performance for the purpose of set up and access to allow load out equipment after the Performance;
(c) all necessary staff to ensure adequate supervision of the Venue and security at all times;
(d) a central area in the performance venue, auditorium, office or grounds with access to sufficient power to run audio/visual and lighting equipment/desks if required. If the purchaser is supplying audio/visual and lighting equipment then the Purchaser confirms it will provide suitable first class sound and lighting facilities;
(e) secure parking for all vehicles used by Artists close to stage door or performance area;
2.4 The Purchaser will not commit the Artist to any personal appearances, interviews, or to any other type of promotion without the prior written consent of the Artist.
3.1 The Artist grants the Purchaser the right to use its name and approved photographs, likenesses and biographies to advertise and promote the Performance. The Artist will provide the Purchaser with all relevant publicity materials upon request. The Purchaser will include the name and logo of the Artist on all advertising for the Performance and will not edit or alter such materials except with the express written consent of the Artist. The Artist will have approval over any radio and/or television advertising.
3.2 The Purchaser will comply with all regulations and requirements of any relevant government or union bodies in respect of the Venue and Performance.
3.3 (a) The Non-School Purchaser acknowledges The Artist will have the exclusive right to sell, or cause to be sold, any item or form of recorded music (by Artist) or merchandise bearing the Artist’s name, logo or likeness and the Non-School Purchaser agrees to use reasonable endeavours to provide a suitable area in the venue close to the main entrance at no cost to the Artist for this purpose. No fee, commission or other money will be payable by the Artist to the Purchaser or the Venue in respect of such sales. Non-School Purchaser may
(b) the Non-School Purchaser has option to exclude clause 3.3 under limited circumstance and must make this request in writing to darrelbaird @ koomurri.com.au
(c) the Schools Purchaser has option to exclude this clause and can do so in person on the day of performance if deemed not appropriate for students.
3.4 The Purchaser agrees that neither the Performance nor reference to the Artist will be used for the purpose of endorsement of any product or service save with the prior written consent of the Artist. There will be no advertising on stage during Artist’s Performance save with Artist’s prior consent.
3.5 The Artist provides pre-approval too the usage of all photographs or video taken during the Performance in line with their direct licensing policy.
4.1 (a) the Purchaser shall pay 25% deposit of the total booking fee 14 days from date of this online booking or receipt of an agreement if not booked online. The remaining 75% fee specified in the Booking Sheet shall be paid in full 7 days prior to the Performance. All payments to be received in cleared funds no later than 5pm on the day on which each amount is payable (or the first business day after such day if applicable).
4.2 The Purchaser shall make payment of The Fee, the Expenses and any other amounts payable to the Artist (as reflected in the booking agreement) deposited into the correct account prior to performance as dated per invoice supplied to the Purchaser.
4.3 All amounts payable under this Agreement include goods and services tax.
4.4 Should the Purchaser fail to pay any deposits or fees due to the Artist under this Agreement on the dates that they are due, interest will accrue on those overdue amounts on a daily basis at a rate of 10% per annum until those amounts and interest are paid in full.
5. RISK AND SECURITY
5.1 The Purchaser will provide a safe, secure and properly constructed stage or area for the Performance. The Purchaser will take all reasonable precautions to ensure that any person materially disrupts neither the Artist nor the audience during the Performance. Where the Artist, acting reasonably, regards the security of the Artists or the audience to be endangered, the Artist will be entitled to immediately terminate the Performance.
5.2 The Purchaser and The Artist both agree they each will provide and maintain public liability insurance with a reputable on-shore insurer with minimum insurance limits of $10,000,000 per occurrence, including coverage endorsements for personal injury and property damage;
5.3 The Purchaser warrants that any equipment provided by it will be in good repair and fit for the purpose for which it is provided in accordance with the specifications given by the Artist. The Purchaser confirms that it has a suitable generator for use in the event of a power failure at the time of the Performance to ensure the Performance is not significantly delayed or cancelled.
6. TERMINATION AND CANCELLATION
6.1 The Artist will not be in default under this agreement if:
(a) the Artist terminates the Agreement as at or before 21 days before the Performance;
(b) the Artist terminates the Agreement prior to the Performance due to the Purchaser not performing fully any similar or financial obligations which the Purchaser has to any third party or due to a change in the financial credit of the Purchaser or misrepresentation or impairment of such financial credit and in each instance the Purchaser will not be entitled to any compensation.
(c) the Purchaser makes changes to the scheduled performance start time, rehearsal(s) or sound-check without written notice to the Artist no less than 48 hours prior to agreed performance.
6.2 (a) If the Purchaser cancels the Performance 60 days out or prior for any reason the Artist will be entitled to retain any payments made prior to such cancellation.
(b) If the Purchaser cancels the Performance within 30 days of the Performance date, the Purchaser agrees to pay the Artist by the due date the full fee together with reimbursement of any Expenses then incurred or for which Artist is liable.
(c) If the Performance is hampered as a result of any act or omission or of any breach of any term or condition hereunder by the Purchaser or any person, firm or company engaged by or representing the Purchaser, or if the Artist terminates the Performance under Clause 5.1 then the Purchaser shall be liable to pay the Artist the full fee and shall reimburse any Expenses or other sums due to the Artist together with any costs incurred by the Artist as a result of the Purchaser’s cancellation.
6.3 if the Artist fails to carry out the Performance they shall return any Fee paid by the Purchaser other than set out in clause 6.1.
6.4 Either party may terminate this Agreement by giving written notice to the other if that other party breaches any material term of this agreement and where the breach is capable of rectification, having been given 5 days notice requiring the party to rectify its breach, fails to do so. If such termination is by the Purchaser the Artist shall return any Fee paid to such date. If such termination is by the Artist the Artist shall have no obligation to re-pay any sums and the Purchaser will be liable for the full Fee and any Expenses incurred by the Artist to such date.
6.5 The Purchaser acknowledges that in no circumstances will the Artist be liable to the Purchaser for any sums in excess of monies payable to the Artist under this Agreement
7.1 the Artist reserves the right to make artistic and cultural changes to the performance, the programmed content or workshops without notice however, where possible notification of changes will be made.
7.2 If the Purchaser needs to make changes to the scheduled performance outlined in this agreement, including but not limited to artistic content, start time, rehearsal(s) or sound-check(s), the Purchaser must inform the Artist of such changes no later than 48 hours prior to agreed performance. If the Artist receives Notification of scheduled performance changes received less than 48 hours prior to the event, the Artist will endeavour to make those requested changes. If the Artist can not facilitate those changes refer to section 6.1(c)
7.3 If the Purchaser needs to move the event due to inclement weather, the purchaser must notify the Artist of the move and new venue details no later than 24 hours prior to the event start time. the Artist will endeavour to move to a new indoor premises supplied by the purchaser. If an adequate alternative venue cannot be found, the Artist shall have no obligation to re-pay any sums and the Purchaser will be liable for the full Fee and any Expenses incurred by the Artist to such date. The Purchaser is 100% responsible for inclement weather insurance.
7.4 If the Purchaser needs to postpone the Event, due to circumstances beyond its’ control, including war, fire, flood or upon Australian and state government restrictions on public gatherings due to COVID-19 or similar infectious diseases that immediately affect either parties ability to hold the event, the purchaser will re-book the Artist for a new agreed date. Any outstanding fees due for the original agreed date must be paid in full as per supplied invoice to hold the secondary date.
7.5 If the Purchaser cancels the new agreed date as per 7.3 for any reason excepting natural disaster or a pandemic lockdown, The Artist shall retain 100% of the agreed fee. The Artist retains the right to offer a third date at their discretion but is not obligated to do so.
8. PRIVACY AND SECURITY
8.1 We collect information for administering and managing registrations and agreement for our Aboriginal Incursions, Workshops and Events. If you do not provide all the relevant information including your email address your registration may not be confirmed.
8.3 We consider the security of your information to be of paramount importance. Our server uses SSL (Secure Sockets Layer) to connect to our website, encrypts all the information sent from your electronic device. The following indicates that you have entered a secure session:
1. the "https" in place of the usual "http" in your browser address box
2. the small padlock in the left hand side of the address bar of your browser
Both of these secure indicators will be present when you are requested to enter your details.
8.4 Akeeba Security Tool and Trustware SSL Certification
This website has Akeeba Security Tools and Trustware SSL certificate verification to identify this website as a secure environment in which you can browse and place your information. No amount of protection can eliminate potential cyber threats but we do actively scan and block known threatening IP's and suspicious behaviour.
9.1 Each party (as “Indemnifying Party”) agrees to indemnify and hold the other party and the other party’s employees, agents and contractors harmless against any loss, claim, damage or injury, actual or consequential of whatever kind arising wholly or in part from the default of the Indemnifying Party in complying with the terms and conditions or any agreement, warranty or representation made by the Indemnifying Party in this Agreement or from any trespass, negligent act or omission of the Indemnifying Party, its agents or any person under the Indemnifying Party’s supervision, direction or control, except to the extent any such loss, claim, damage or injury is caused or contributed to by the other party.
9.2 This Agreement constitutes the entire agreement between the parties relating to the Performance and cannot be altered except in writing signed by both parties.
9.3 The parties agree to keep the terms of this Agreement confidential save in respect of their legal or other professional advisers.
9.4 In the event of international travel that any withholding tax applies in respect of the Fee or any sums due to the Artist the Purchaser will promptly notify the Artist (in good time before date Artist leaves Australia and provide full details of any such tax. The Purchaser will provide all reasonable assistance to the Artist in retrieving such sums and if the Purchaser receives a credit in respect of the same the Purchaser will immediately pay through the amount of any tax withheld.
9.5 the Artist is engaged by the Purchaser as an independent contractor. This Agreement does not create a relationship between the parties of employer and employee, principal and agent or partnership.
9.6 This Agreement will be governed by and construed in accordance with the laws of New South Wales Australia and the parties submit to the jurisdiction of the courts of New South Wales Australia.