Aboriginal Cultural Immersions Booking Agreement

This Agreement will bind the Artist and the Purchaser regarding the presentation of a live ceremony, performance, incursion, or workshop by Aboriginal Elders, performers, or workshop facilitators, hereafter known as ‘the Artist’.

Blue Tongue Management Pty Ltd, trading as Aboriginal Cultural Immersions, ABN 52 678 467 895, referred to as ‘the Supplier’, facilitates the Artist’s agreements, contracts, worksheets, invoicing, and payments to facilitate performances, workshops, cultural incursions, and immersions for the Artist and the Purchaser.

‘The Artist’ means a Traditional Owner, Aboriginal Elder, performer, cultural leader, dancer, didgeridoo player, songman, art workshop facilitator, traditional cultural leader, musician, band, keynote speaker, or entertainer.

‘The Purchaser’ means a corporate business, government department or agency, university, higher or adult education establishment, NGO, not-for-profit organisation, sporting club or organisation, association, small or medium business, or any other entity booking the Artist.

These Terms and Conditions apply to all forms of booking the Artist through the Supplier, including online booking forms, booking agreements delivered by email by the Supplier, or bookings made through any third-party booking platform that directly links to these Terms and Conditions and asks the Purchaser to accept them.

The Booking Agreement, these Terms and Conditions, and any applicable Rider constitute the entire Agreement between the parties regarding the Performance, Incursion, or Workshop.

By agreeing to these Terms and Conditions, you, as the signatory or written or electronic booking correspondent acting on behalf of the Purchaser, warrant that you have the authority to enter into this Agreement and bind the Purchaser to the obligations contained within it.

TERMS AND CONDITIONS

1. REGISTRATION

1.1 Confirmation

Where the Purchaser, through written or electronic correspondence, requests information, discusses or selects a ceremony, Performance, Aboriginal cultural immersion, incursion, workshop, Artist, date, time, venue, price, program, or related booking requirements, and that correspondence results in the Supplier preparing, issuing, or sending a Booking Agreement, invoice, event worksheet, confirmation, or other booking documentation, the entire correspondence trail may be relied upon as evidence of the Purchaser’s intention to proceed with and be bound by the booking.

A binding Agreement may arise from the substance and context of the correspondence between the parties and is not limited to the Purchaser using the specific words ‘confirm’, ‘accept’, ‘book’, or ‘lock it in’. Requests by the Purchaser for the Supplier to secure an Artist, reserve a date or time, prepare booking documents, issue an invoice, make logistical arrangements, alter Artist schedules, or otherwise act in reliance on the Purchaser’s instructions may constitute confirmation of the booking.

Upon the Supplier sending the Booking Agreement, invoice, event worksheet, or confirmation to the email address provided by the Purchaser, and where the preceding correspondence reasonably demonstrates the Purchaser’s intention to proceed, the booking will be regarded as valid and binding in relation to the Performance, services, cancellation obligations, Expenses, and payment obligations, unless the Supplier expressly agrees otherwise in writing.

1.2 Failure to sign and return the Booking Agreement, or failure to pay an invoice by the due date, does not cancel or terminate a confirmed Agreement where the Purchaser has confirmed its intention to book through written or electronic correspondence, unless the Supplier agrees otherwise in writing.

1.3 Invoices and Receipts

Tax invoices will be generated and sent to the email address provided. It is the recipient’s responsibility to arrange payment by the due date and either remit payment using the details provided on the invoice or forward the invoice to the Purchaser’s accounts department in sufficient time for payment to be made before the Performance.

1.4 Company Onboarding

Where the Purchaser requires the Supplier to complete a company onboarding or supplier registration process, that process must be provided to the Supplier before, or immediately upon, receipt of an invoice and preferably before the booking is confirmed and invoiced.

2. OBLIGATIONS OF THE PARTIES

2.1 The Artist will present the Performance at the venue on the date and at the times specified in the online booking form or Booking Agreement, diligently, professionally, and to the best of the Artist’s ability. The Artist will retain complete creative and cultural control over the Performance.

2.2 The Artist must comply with the reasonable safety and procedural directions of the Purchaser at each venue.

2.3 The Purchaser will provide the Artist with:

(a) a clean, comfortable, and lockable dressing room suitable for up to 10 persons, for the exclusive use of the Artist from at least one hour before soundcheck until one hour after the Performance, together with washing and toilet facilities, a table, a suitable number of chairs, a mirror, fresh towels, and access to power;

(b) access to the venue for the Artist, the Artist’s crew, and equipment at least two hours before the Performance for setup, and reasonable access after the Performance to allow the removal of equipment;

(c) all staff reasonably required to ensure adequate supervision and security at the venue at all times;

(d) a central area within the performance venue, auditorium, office, or grounds, with access to sufficient power to operate any required audio, visual, lighting equipment, or control desks. Where the Purchaser supplies audio, visual, or lighting equipment, the Purchaser confirms that it will provide suitable, professional-quality sound and lighting facilities; and

(e) secure parking for all vehicles used by the Artist, located as close as reasonably possible to the stage door or Performance area.

2.4 The Purchaser must not commit the Artist to any personal appearance, interview, promotional activity, or related engagement without the Artist’s prior written consent.

3. RIGHTS

3.1 The Supplier grants the Purchaser a limited right to use the Supplier’s name and approved photographs, likenesses, and biographies solely to advertise and promote the Performance. The Supplier will provide approved publicity materials where available.

The Purchaser must include the Supplier’s trading name, logo, and domain name in advertising for the Performance and must not edit or alter approved materials without the Supplier’s express written consent. The Supplier retains approval rights over any radio or television advertising.

3.2 The Purchaser must comply with all applicable regulations and requirements imposed by relevant government, regulatory, venue, or union bodies concerning the venue and the Performance.

3.3 The Purchaser agrees that neither the Performance nor any reference to the Artist may be used to endorse a product or service without the Artist’s prior written consent. Advertising must not be displayed on the stage during the Artist’s Performance without the Supplier’s prior written consent.

3.4 Photography for non-commercial event documentation is permitted unless the Supplier or Artist advises otherwise. Audio recording, video recording, livestreaming, broadcasting, or recording of cultural instruction, stories, songs, language, dance, artwork, ceremonies, or workshop content is not permitted without the Supplier’s prior written consent.

3.5 The Purchaser must not record, reproduce, adapt, teach, publish, upload, distribute, commercialise, train artificial intelligence systems on, create derivative works from, or represent any cultural knowledge, stories, language, dance, artwork, songs, symbols, ceremonies, teaching methods, educational materials, or workshop content without the Supplier’s prior written permission.

3.6 The Purchaser may use photographic or recorded materials approved in writing by the Supplier for non-commercial use on the Purchaser’s website, social media accounts, internal newsletters, intranet, annual reports, and internal event recaps, provided that:

(a) each use is accompanied by the Supplier’s trading name, logo, and domain name;

(b) the materials are not edited, altered, or rebranded;

(c) the materials are not sold, licensed, or used in paid or boosted advertising; and

(d) the materials are not used in a manner that suggests endorsement without the Supplier’s prior written consent.

3.7 Commercial use of any photograph, audio recording, video recording, livestream, broadcast, media asset, cultural content, workshop content, Artist image, Artist likeness, Supplier branding, or Performance material requires a separate written licensing agreement with the Supplier.

4. REMUNERATION

4.1 The Purchaser must pay 100% of the total booking Fee at least seven days before the Performance, unless otherwise agreed and recorded in the Booking Agreement or written email correspondence.

The Purchaser acknowledges that the booking becomes confirmed upon the Purchaser’s written confirmation to the Supplier and the Supplier’s delivery of the Booking Agreement and invoice to the Purchaser.

4.2 The Purchaser must pay all deposits specified in the Booking Agreement by the agreed due date to secure the Artist.

4.3 The Purchaser must pay the Fee, Expenses, and any other amounts owed to the Supplier, as specified in the Booking Agreement or invoice, into the nominated account before the Performance and by the applicable due date.

4.4 Unless expressly stated otherwise, all Fees are exclusive of GST, and GST will be added where applicable.

4.5 Where the Purchaser fails to pay any deposit, Fee, Expense, or other amount by its due date, interest will accrue on the overdue amount daily at a rate of 10% per annum, together with any reasonable administration or debt-recovery costs, until all outstanding amounts and accrued interest are paid in full.

5. RISK AND SECURITY

5.1 The Purchaser must provide a safe, secure, and properly constructed stage or area for the Performance. The Purchaser must take all reasonable precautions to ensure that no person materially disrupts the Artist or audience during the Performance.

Where the Artist, acting reasonably, considers the safety or security of the Artist, the Artist’s personnel, or the audience to be endangered, the Artist may suspend or terminate the Performance immediately.

5.2 The Purchaser and Supplier each agree to maintain public liability insurance with a reputable Australian insurer, with minimum coverage of $10,000,000 per occurrence, including coverage for personal injury and property damage, unless otherwise agreed in writing.

5.3 The Purchaser warrants that any equipment it provides will be maintained in good repair, safe, and fit for its intended purpose, and will comply with any specifications provided by the Artist.

The Purchaser confirms that it will provide a suitable backup generator where reasonably required to prevent the Performance from being materially delayed or cancelled because of a power failure.

6. TERMINATION, CANCELLATION AND RESCHEDULING

6.1 Cancellation or Non-Performance by the Artist

The Artist will not be in breach of this Agreement where the Artist is unable to perform because of illness, injury, cultural obligations, Sorry Business, safety concerns, emergency, force majeure, or circumstances beyond the Artist’s reasonable control.

In such circumstances, the Supplier will use reasonable endeavours to:

(a) provide a suitable replacement Artist;

(b) reschedule the Performance to a mutually acceptable date; or

(c) provide an appropriate alternative service agreed to by the Purchaser.

If no suitable replacement, rescheduled date, or alternative service can reasonably be arranged, the Supplier will refund any Fees paid for the cancelled service, less any non-refundable Expenses or third-party costs that:

(i) have already been reasonably incurred;

(ii) cannot reasonably be recovered; and

(iii) were disclosed to, or reasonably contemplated by, the Purchaser.

6.2 Termination by the Artist or Supplier

The Artist or Supplier may suspend or terminate this Agreement or the Performance where:

(a) the Purchaser fails to pay any amount by its due date or otherwise fails to perform a material obligation under this Agreement;

(b) the Purchaser has made a material misrepresentation concerning the event, venue, audience, facilities, safety conditions, payment arrangements, or nature of the Performance;

(c) there are reasonable concerns regarding the Purchaser’s solvency, creditworthiness, or capacity to meet its financial obligations;

(d) the Purchaser, its representatives, venue personnel, guests, or contractors engage in conduct that is unsafe, unlawful, discriminatory, culturally inappropriate, abusive, threatening, or likely to expose the Artist or Supplier to unreasonable risk;

(e) the Purchaser materially changes the agreed Performance requirements, venue, start time, rehearsal, soundcheck, duration, technical requirements, or event format without the Supplier’s prior written agreement; or

(f) the Performance is prevented, delayed, disrupted, or materially hampered by an act, omission, breach, or failure of the Purchaser or any person engaged by or representing the Purchaser.

Where the Agreement or Performance is terminated under this clause because of the Purchaser’s act, omission, or breach, the Purchaser remains liable for the applicable cancellation fee, all non-refundable Expenses, and any additional reasonable costs incurred by the Artist or Supplier.

6.3 Cancellation by the Purchaser

The Purchaser must provide written notice of cancellation to the Supplier.

Where the Purchaser cancels all or part of the booking, the Supplier may charge the following cancellation fee:

In addition to the applicable cancellation fee, the Purchaser must reimburse the Supplier for all reasonable and non-refundable Expenses, including committed travel, accommodation, equipment hire, venue, subcontractor, freight, and third-party costs.

The cancellation amounts represent a genuine pre-estimate of the losses likely to be suffered by the Artist and Supplier, including:

(a) the Artist’s reserved availability;

(b) preparation and administration already undertaken;

(c) travel and subcontractor commitments;

(d) costs incurred in arranging and managing the booking; and

(e) the loss of a reasonable opportunity to accept another booking for the relevant date and time.

The Supplier will not recover more than the loss reasonably arising from the cancellation and will take reasonable steps to mitigate that loss where practicable.

6.4 Changes and Rescheduling Requested by the Purchaser

A request to change the date, venue, Performance time, duration, content, rehearsal, soundcheck, technical requirements, or other material booking details is subject to the written agreement of the Supplier and Artist.

The Supplier is not required to accept a requested change.

Where a requested change cannot reasonably be accommodated, or where the change materially alters the agreed booking, the request may be treated as a cancellation by the Purchaser under clause 6.3.

Where a rescheduling request is accepted:

(a) all Fees and Expenses already paid will be transferred to the new date, subject to any additional costs;

(b) the Purchaser must pay any increase in Artist Fees, travel, accommodation, venue, production, subcontractor, or administration costs resulting from the change;

(c) the replacement date remains subject to Artist availability; and

(d) any subsequent cancellation will be calculated by reference to the original Performance date or the rescheduled Performance date, whichever results in the higher cancellation fee, to the extent reasonably necessary to compensate the Supplier and Artist for the loss incurred.

A change to the scheduled Performance start time, rehearsal, or soundcheck made less than 48 hours before the agreed time may be refused. If the change prevents the Artist from performing or materially affects another commitment, it may be treated as a cancellation by the Purchaser.

6.5 Failure to Perform

If the Artist fails to carry out the Performance for reasons within the Artist’s reasonable control, and the failure is not caused or contributed to by the Purchaser, the Supplier will refund the portion of the Fee paid for the service that was not provided.

This clause does not apply where clause 6.1 or clause 6.2 applies.

6.6 Termination for Material Breach

Either party may terminate this Agreement by giving written notice where the other party materially breaches this Agreement and:

(a) the breach cannot reasonably be remedied; or

(b) where the breach can be remedied, the defaulting party fails to remedy it within five business days after receiving written notice requiring it to do so.

If the Purchaser validly terminates this Agreement because of an unremedied material breach by the Artist or Supplier, the Supplier will refund any Fees paid for services that have not been provided, subject to any rights of set-off permitted by law.

If the Artist or Supplier terminates this Agreement because of an unremedied material breach by the Purchaser, the Purchaser remains liable for:

(a) the applicable cancellation fee under clause 6.3;

(b) services already performed;

(c) all reasonable and non-refundable Expenses incurred; and

(d) any other loss recoverable under this Agreement or applicable law.

6.7 Consumer Law and Non-Excludable Rights

Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, statutory right, remedy, condition, warranty, or liability that cannot lawfully be excluded, restricted, or modified.

Where any statutory right or remedy may lawfully be limited, it is limited only to the maximum extent permitted by law.

7. CHANGES

7.1 The Artist reserves the right to make artistic and cultural changes to the Performance, programmed content, or workshops without notice. Where reasonably practicable, the Supplier will notify the Purchaser of material changes.

7.2 If the Purchaser needs to make changes to the scheduled Performance outlined in this Agreement, including changes to artistic content, the start time, rehearsals, or soundchecks, the Purchaser must notify the Supplier no later than 48 hours before the agreed Performance.

Where notification is received less than 48 hours before the event, the Artist will use reasonable endeavours to accommodate the requested changes but is not required to do so. If the Artist cannot facilitate the requested changes, clause 6.4 will apply.

7.3 If the Purchaser needs to move the event indoors because of inclement weather, the Purchaser must notify the Supplier of the change and provide the new venue details no later than 24 hours before the event begins.

The Artist will use reasonable endeavours to perform at a suitable alternative indoor venue provided by the Purchaser. If an adequate alternative venue cannot be provided, the Supplier will not be required to refund any amount, and the Purchaser will remain liable for the full Fee and any Expenses incurred.

The Purchaser is solely responsible for obtaining any insurance required in relation to inclement weather or weather-related cancellation.

7.4 If the Purchaser needs to postpone the event because of circumstances beyond its reasonable control, including war, fire, flood, natural disaster, or Australian federal or state government restrictions on public gatherings arising from infectious disease, the Purchaser may request that the Artist be rebooked for a mutually agreed replacement date.

Any outstanding Fees due for the original date must be paid in full in accordance with the supplied invoice to secure the replacement date.

7.5 If the Purchaser subsequently cancels the replacement date arranged under clause 7.4 for a reason other than a natural disaster or government-mandated pandemic lockdown that directly prevents the event from proceeding, the Supplier may retain 100% of the agreed Fee.

The Artist or Supplier may offer a third date change at its discretion but is not required to do so.

8. PRIVACY AND SECURITY

8.1 The Supplier collects information for the purpose of administering and managing registrations, bookings, and agreements relating to the Artist’s Performance, Aboriginal incursion, workshop, or event.

If the Purchaser does not provide all relevant information, including a valid email address, the registration or booking may not be confirmed.

8.2 The Supplier is committed to protecting information collected for this purpose.

The Supplier may disclose personal information to Artists, facilitators, contractors, service providers, insurers, professional advisers, payment processors, and government or regulatory bodies where reasonably necessary to administer the booking, deliver the services, process payment, manage safety, or comply with the law.

To request access to personal information or raise a query regarding how the Supplier handles personal information, contact the Supplier on 0422 973 185.

8.3 The Supplier considers the security of information to be of paramount importance. The Supplier’s server is based and operated in Australia and uses SSL technology to encrypt information transmitted between the user’s device and the website.

The website uses Akeeba security tools and SSL certificate verification to help provide an encrypted and secure browsing environment.

Although no security system can completely eliminate cyber threats, the Supplier actively monitors, scans, and blocks known threatening IP addresses and suspicious behaviour.

9. GENERAL

9.1 Each party, as the ‘Indemnifying Party’, agrees to indemnify and hold harmless the other party and the other party’s employees, agents, and contractors against any loss, claim, damage, liability, cost, or injury arising wholly or partly from:

(a) the Indemnifying Party’s breach of this Agreement;

(b) a breach of any warranty or representation made by the Indemnifying Party;

(c) any trespass, negligent act, or negligent omission of the Indemnifying Party; or

(d) the conduct of the Indemnifying Party’s employees, agents, contractors, guests, or any person under its supervision, direction, or control.

This indemnity does not apply to the extent that the relevant loss, claim, damage, liability, cost, or injury was caused or contributed to by the other party.

9.2 This Agreement constitutes the entire agreement between the parties relating to the Performance and may only be varied by written agreement between the parties.

9.3 The parties agree to keep the commercial terms of this Agreement confidential, except where disclosure is required to legal, accounting, insurance, or other professional advisers, or is required by law.

9.4 In the event of international travel, where withholding tax applies to the Fee or any other amount payable to the Artist or Supplier, the Purchaser must promptly notify the Supplier before the Artist departs Australia and provide full details of the applicable tax.

The Purchaser must provide reasonable assistance to the Supplier or Artist in recovering any recoverable amount. If the Purchaser receives any credit, refund, or reimbursement relating to tax withheld from payments due under this Agreement, the Purchaser must promptly pay that amount to the Supplier.

9.5 The Purchaser engages the Artist as an independent contractor. Nothing in this Agreement creates an employment relationship, agency, partnership, joint venture, or fiduciary relationship between the parties.

9.6 This Agreement is governed by and construed in accordance with the laws of New South Wales. The parties submit to the jurisdiction of the courts and tribunals of New South Wales.

Click Here to Return to the Home Page