Aboriginal Cultural Immersions Booking Agreement Terms & Conditions

This Agreement will bind the Artist and the Purchaser about the presentation of a live ceremony, performance, incursion, or workshop by the aboriginal elders, performers, or workshop facilitators, hereon known as ‘the Artist’.

Aboriginal Cultural Immersions ABN 52 678 467 895, herein known as The Supplier, is an artist management, business management and talent agency that contracts the Artist to the Purchaser. The Supplier facilitates the Artist's agreements, contracts, worksheets, invoicing, and payments to facilitate performances, workshops, cultural incursions, and immersions for the Purchaser.

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

'The Purchasers' means corporate business, government, university, higher adult education establishment, NGO's and Not-for-Profits, Sporting clubs and organisations, Associations, small and medium businesses, or any other entity booking the Artist.

These Terms and Conditions apply to all forms of booking the Artist through the Supplier, including our online booking forms, booking agreements delivered by email by the Supplier, or through any third-party booking platforms with a direct link to these Terms and Conditions, asking the Purchaser to accept these Terms and Conditions.

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

By agreeing to these terms and conditions, you, the signatory or the written or electronic booking or confirmation correspondent on behalf of the Purchaser, warrant that you have the 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

1. REGISTRATION
1.1 Confirmation
Upon the Purchaser's written request by email to the Supplier to 'confirm' or 'book' the Artist, and upon receipt of the booking agreement and/or invoice to the email address you the Purchaser have provided, it is taken that your written confirmation by the said email is valid and obligatory for performance and payments.
1.2 Failure to sign and/or return this Agreement does not represent valid termination of the Agreement if you have confirmed your intent to book by written or electronic correspondence.
1.3 Failure to pay the invoice on the due date does not mean the Agreement is not terminated if you have confirmed your intent to book by written or electronic correspondence.
1.4 Invoices and Receipts
Tax Invoices will be generated and sent to the email address provided. It is the recipient's responsibility to make payment on the due date and follow up with a remittance of payment to the email address provided on the invoice, or pass this invoice to their accounts department to make payment on the due date before performance.
1.5 Company Onboarding
Should the Purchaser require company onboarding, the process must be presented to the Supplier before or immediately upon receipt of an invoice, preferably before agreement and invoicing.

2. OBLIGATIONS OF PARTIES
2.1 The Artist will present the Performance at the venue on the date and times specified in the online booking form, diligently, professionally, and to the best of the Artist’s ability. The Artist will have complete creative control over the Performance
2.2 The 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 [10] persons for the exclusive use of the Artist for a minimum period of one hour before 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] before performance for 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 supplies audio/visual and lighting equipment, then the purchaser confirms that it will provide suitable, first-class sound and lighting facilities.
(e) secure parking for all vehicles used by Artists close to the stage door or the performance area;
2.4 The Purchaser will not commit the Artist to any personal appearances, interviews, or other promotional types without the Artist's prior written consent.

3. RIGHTS
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 they'd like. 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 Artist's express written consent. 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 regarding the Venue and Performance.
3.3 The Purchaser agrees that neither the Performance nor reference to the Artist will be used to endorse any product or service without the prior written consent of the Artist. There will be no advertising on stage during the Artist’s Performance, save with the Artist’s prior consent.
3.4 The Artist provides pre-approval for the use of all photographs or videos taken during the Performance by and subject to the supplier's publishing company, Blue Tongue Management's Direct Licensing Policy.

4. REMUNERATION
4.1 The purchaser shall pay 100% of the total booking fee at least seven (7) days before the performance as dated in this agreement (unless otherwise agreed and noted in the agreement or by email correspondence) as the Purchaser acknowledges the booking as confirmed by email to the Supplier and following delivery of the Agreement and Invoice to the Purchaser by the Supplier.
4.2 The Purchaser will pay the Fee, the Expenses, and any other amounts owed to the Supplier (as shown in the booking agreement), deposited into the correct account before performance according to the 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 due dates, interest will accrue on those overdue amounts daily at a rate of 10% per annum, along with administration fees, 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 no person materially disrupts the Artist or the audience during the Performance. Where the Artist, acting reasonably, regards the security of the Artist or the audience to be endangered, the Artist will be entitled to terminate the Performance immediately.
5.2 The Purchaser and The Supplier 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 during the Performance to ensure it 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 before 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 changes the scheduled performance start time, rehearsal(s), or sound-check without written notice to the Artist at least 48 hours before the agreed-upon performance.
6.2 (a) If the Purchaser cancels the Performance 60 days before the event date in this agreement for any reason, the Artist will be entitled to retain any payments made before such cancellation.
(b) If the Purchaser cancels the Performance within 45 days before the event date in this agreement, the Purchaser agrees to pay the Artist by the due date the full fee, together with reimbursement of any expenses incurred or for which the 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 at no fault of the Purchaser, the Artist will 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 that date. If such termination is by the Artist, the Artist shall have no obligation to repay 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 over monies payable to the Artist under this Agreement

7. CHANGES
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 before agreed performance. If the Artist receives Notification of scheduled performance changes less than 48 hours before 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 indoors due to inclement weather, the Purchaser must notify the Artist of the move and new venue details no later than 24 hours before the event starts. The Artist will endeavour to move to a new indoor premises supplied by the purchaser. Suppose an adequate alternative venue cannot be found. In that case, the Artist shall have no obligation to repay 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 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 the supplied invoice to hold the secondary date. 
7.5 If the Purchaser terminates the new secondary agreed date booked as per clause 7.4 for any reason except 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 change at their discretion, but is not obligated to do so.

8. PRIVACY AND SECURITY
8.1 The Supplier collects information to administer and manage registrations and agreements for the Artist's performance, Aboriginal Incursion, Workshop, or Event. If you do not provide all the relevant information, including your email address, your registration may not be confirmed.
8.2 The Supplier is totally committed to protecting the information collected for this purpose and will not make your details available to any third party. If you wish to access your information or have queries about how the supplier handles this information, don't hesitate to contact us at 0422 973 185.
8.3 The Supplier considers the security of your information to be of paramount importance. Our server uses SSL (Secure Sockets Layer) to connect to our website and 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 on the left-hand side of the address bar of your browser
These secure indicators will be present when you are requested to enter your details.
8.4 Akeeba Security Tool and Comodo SSL Certification
This website has Akeeba Security Tools and a Comodo SSL certificate verification to identify it as an encrypted, secure environment where you can browse and store your information. No amount of protection can eliminate potential cyber threats, but we do actively scan and block known threatening IPS and suspicious behaviour.

9. GENERAL
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, except to their legal or other professional advisers.
9.4 In the event of international travel, where 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 the date the Artist leaves Australia) and provide full details of any such tax. The Purchaser will be able to help the Artist retrieve these sums. If the Purchaser receives a credit concerning the same, the Purchaser will immediately pay the amount of any tax withheld.
9.5 The Purchaser engages the Artist 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 by the laws of New South Wales, and the parties submit to the jurisdiction of the courts of New South Wales in Sydney.