1) UNLESS ARRANGED OTHERWISE WITH THE AGENCY THE PERFORMER IS TO BE PAID THE BALANCE OF THE CONTRACT PRICE IMMEDIATELY AFTER THE PERFORMANCE.
2) The agent is the duly authorised agent of the performer. The agency shall not be liable for any default under this agreement or negligent act or omission of either party arising in any way whatsoever from this agreement or any related matter.
3) The employer will obtain all necessary permits and consents to the conducting of the function and all matters hereto and will comply with all conditions imposed with the granting of any such permit or consent and, in particular will ascertain and satisfy all requirements of the police force as to police supervision during the engagement.
4) The employer will:
(a) Provide a proper number of attendants and stewards to ensure the sufficient supervision of the venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the audience, the safety of the performer and the preservation of order. He will ensure the performer is provided with a safe and secure area in which to perform if the performer in his so discretion considers that the area in which he is to perform is unsafe because of lack of shelter of the elements including rain, wind, extremes of heat or cold or other adverse weather conditions or for any other reasons whatsoever, he may require that the employer make that area safe or make available another area that is safe. The decision on whether an area is safe for performance shall be solely that of the performer. If the employer fails to make the area safe or make
available an alternative safe area, the performer shall not be obliged to perform but his fee shall nevertheless remain payable. (b) Take all reasonable precautions to prevent any other person other than the employer, his representatives stage hands and other performers from seeing the performer before and after. (c) Provide proper dressing room facilities, if so required by the performer.
5) The employer will provide access to sufficient mains power outlets. Where normal power supplies are not available the employer will provide safe and properly supervised generating system operated by qualified persons. He will also indemnify the performer for a loss, damage or injury arising through any malfunction thereof.
6) Where any public address system, amplifier or instrument is provided by the employer, the same will be of proper quality and in good working order.
7) The employer will indemnify the performance against any loss, damage or injury actual or consequential of whatever kind arising wholly or in part from the employer in complying with these conditions or from any trespass negligent act or omission to the employer his agents or any person under his supervision, direction or control.
8) The employer will be responsible for satisfying any demands of the Australian Performing Rights Association in relation to any royalties which may be claimed by the body for the music to be used at the performance.
9) Cancellation:
(a) The employer may cancel this booking by delivery of written notice to the office of the agency no later than ninety (90) days before the date
set for the performance, whereupon the employer will forfeit any deposit paid. The performer will be entitled to his fee as specified herein
notwithstanding any purported termination by the employer in any other matter. In particular, if the booking is made within ninety (90) days of
the date of the scheduled performance, then the performer shall be entitled to his fee notwithstanding any purported termination by the employer.
(b) The performer may cancel this booking for any reason whatsoever by delivery of written notice to the employer at the address shown herein
not later than ninety (90) days before the performance. The performer may cancel this booking upon less than ninety (90) days notice for reasons
of ill health and if requested by the employer will produce a certificate from a registered medical practitioner certifying that he is unable to perform
for reasons of ill health. In circumstances where a performer cancels this booking pursuant to clause 9(b), any deposit will be refunded to the
employer and the performer shall not be liable to the employer for any loss or damages suffered by the employer by reason of failure to perform.
(c) If a booking is made within ninety (90) days of the date of the performance then the employer shall have no right of cancellation and the
performer shall be entitled to his fee as specified herein notwithstanding any purported termination by the employer.
11) For a period of 13 months from the date of performance, or in the case of a residency, from the date of termination of the residency, any return bookings for this performance or for residencies or any extensions of residencies must be booked through the Agency. The venue/employer shall not attempt to return book or extend the residency through the performer directly unless a written agreement is entered into with the Agency consenting to the same and the performer shall for the same period stipulated herein, not approach the Employer/Venue directly for the purposes of return bookings or extending a residency unless a written agreement is entered into with the Agency consenting to the same.
12) Payment of the deposit (if applicable) by the employer shall not be a condition precedent to this agreement.
13) Where the fee to be paid to the performer is in any way related to or connected with the amount of door takings of the function then the employer agrees that the performer’s representatives shall be entitled to station a person or persons at the entrance or entrances and further that all such persons aforesaid shall be given reasonable access to the records of the employer relating to the ticket sales and takings of the function and that no ticket shall be given away or sold at other than that advertised price without the consent of the performer or his agent.
14) Where the performer is a band or group comprising more that one person the term “performer” when used in this contract will mean the several members of that band from time to time. References to the singular shall include the plural. References to the masculine genders shall include all other genders and vice versa. The term “the agency” shall mean A.E.S. Entertainment & Promotions Pty Ltd, its successors or assigns. The term “the employer” or “the Venue” shall mean the employer or venue named on the front of this contract, his successor or assigns.
15) Persons signing this document on behalf of the employer warrant that they have the authority to do so and accept liability for signing this agreement. Where the organisation or company for which the undersigned has determined this agreement does not make payment or fulfil any part of this agreement the undersigned hereby will accept full responsibility and will personally guarantee that all commitments under this agreement are met. Where the undersigned is a director of the organisation, he/she will be personally liable and all other directors will be personally liable jointly and severally.
16) The laws governing this contract will be the laws of the State of Victoria.
The employer/venue is referred to the attached Standard Conditions which together with this Booking Confirmation Sheet constitute the contract. The employer is specifically referred to the Cancellation Provisions (clause 9&10) and the Return Booking Provisions (clause 11)
17) The Employer / Venue herein acknowledges that it has or will prior to the performance date take out all necessary insurances including but not limited to public liability insurance, so as to hold Australian Entertainment Services Pty Ltd and the Artist free from any liability, injury, damage or whatever loss that may arise in any way whatsoever from this Agreement or any related matter.
18) Deposit/Fee fully refundable if cancelled due to government covid restrictions
1) UNLESS ARRANGED OTHERWISE WITH THE AGENCY THE PERFORMER IS TO BE PAID THE BALANCE OF THE CONTRACT PRICE IMMEDIATELY AFTER THE PERFORMANCE.
2) The agent is the duly authorised agent of the performer. The agency shall not be liable for any default under this agreement or negligent act or omission of either party arising in any way whatsoever from this agreement or any related matter.
3) The employer will obtain all necessary permits and consents to the conducting of the function and all matters hereto and will comply with all conditions imposed with the granting of any such permit or consent and, in particular will ascertain and satisfy all requirements of the police force as to police supervision during the engagement.
4) The employer will:
(a) Provide a proper number of attendants and stewards to ensure the sufficient supervision of the venue and to prevent the entry of undesirables and ensure proper conduct of the audience, the safety of the audience, the safety of the performer and the preservation of order. He will ensure the performer is provided with a safe and secure area in which to perform if the performer in his so discretion considers that the area in which he is to perform is unsafe because of lack of shelter of the elements including rain, wind, extremes of heat or cold or other adverse weather conditions or for any other reasons whatsoever, he may require that the employer make that area safe or make available another area that is safe. The decision on whether an area is safe for performance shall be solely that of the performer. If the employer fails to make the area safe or make
available an alternative safe area, the performer shall not be obliged to perform but his fee shall nevertheless remain payable. (b) Take all reasonable precautions to prevent any other person other than the employer, his representatives stage hands and other performers from seeing the performer before and after. (c) Provide proper dressing room facilities, if so required by the performer.
5) The employer will provide access to sufficient mains power outlets. Where normal power supplies are not available the employer will provide safe and properly supervised generating system operated by qualified persons. He will also indemnify the performer for a loss, damage or injury arising through any malfunction thereof.
6) Where any public address system, amplifier or instrument is provided by the employer, the same will be of proper quality and in good working order.
7) The employer will indemnify the performance against any loss, damage or injury actual or consequential of whatever kind arising wholly or in part from the employer in complying with these conditions or from any trespass negligent act or omission to the employer his agents or any person under his supervision, direction or control.
8) The employer will be responsible for satisfying any demands of the Australian Performing Rights Association in relation to any royalties which may be claimed by the body for the music to be used at the performance.
9) Cancellation:
(a) The employer may cancel this booking by delivery of written notice to the office of the agency no later than sixteen (16) days before the date set for the performance, whereupon the employer will forfeit any deposit paid. The performer will be entitled to his fee as specified herein notwithstanding any purported termination by the employer in any other matter. In particular, if the booking is made within sixteen (16) days of the date of the scheduled performance, then the performer shall be entitled to his fee notwithstanding any purported termination by the employer.
(b) The performer may cancel this booking for any reason whatsoever by delivery of written notice to the employer at the address shown herein not later than sixteen (16) days before the performance. The performer may cancel this booking upon less than sixteen (16) days notice for reasons of ill health and if requested by the employer will produce a certificate from a registered medical practitioner certifying that he is unable to perform for reasons of ill health. In circumstances where a performer cancels this booking pursuant to clause 9(b), any deposit will be refunded to the employer and the performer shall not be liable to the employer for any loss or damages suffered by the employer by reason of failure to perform.
(c) If a booking is made within sixteen (16) days of the date of the performance then the employer shall have no right of cancellation and the performer shall be entitled to his fee as specified herein notwithstanding any purported termination by the employer.
10) When a performer is booked in a residency, then if either party wishes to terminate or change residency, it must do so by giving written notice to the other party, at the address stipulated herein, not later than 21 days before the date of the scheduled termination or change. Where insufficient notice is given the performer shall be entitled to his fee for a period of 16 days from the date of the notice.
11) For a period of 13 months from the date of performance, or in the case of a residency, from the date of termination of the residency, any return bookings for this performance or for residencies or any extensions of residencies must be booked through the Agency. The venue/employer shall not attempt to return book or extend the residency through the performer directly unless a written agreement is entered into with the Agency consenting to the same and the performer shall for the same period stipulated herein, not approach the Employer/Venue directly for the purposes of return bookings or extending a residency unless a written agreement is entered into with the Agency consenting to the same.
12) Payment of the deposit (if applicable) by the employer shall not be a condition precedent to this agreement.
13) Where the fee to be paid to the performer is in any way related to or connected with the amount of door takings of the function then the employer agrees that the performer’s representatives shall be entitled to station a person or persons at the entrance or entrances and further that all such persons aforesaid shall be given reasonable access to the records of the employer relating to the ticket sales and takings of the function and that no ticket shall be given away or sold at other than that advertised price without the consent of the performer or his agent.
14) Where the performer is a band or group comprising more that one person the term “performer” when used in this contract will mean the several members of that band from time to time. References to the singular shall include the plural. References to the masculine genders shall include all other genders and vice versa. The term “the agency” shall mean A.E.S. Entertainment & Promotions Pty Ltd, its successors or assigns. The term “the employer” or “the Venue” shall mean the employer or venue named on the front of this contract, his successor or assigns.
15) Persons signing this document on behalf of the employer warrant that they have the authority to do so and accept liability for signing this agreement. Where the organisation or company for which the undersigned has determined this agreement does not make payment or fulfil any part of this agreement the undersigned hereby will accept full responsibility and will personally guarantee that all commitments under this agreement are met. Where the undersigned is a director of the organisation, he/she will be personally liable and all other directors will be personally liable jointly and severally.
16) The laws governing this contract will be the laws of the State of Victoria.
The employer/venue is referred to the attached Standard Conditions which together with this Booking Confirmation Sheet constitute the contract. The employer is specifically referred to the Cancellation Provisions (clause 9&10) and the Return Booking Provisions (clause 11).
17) The Employer / Venue herein acknowledges that it has or will prior to the performance date take out all necessary insurances including but not limited to public liability insurance, so as to hold Australian Entertainment Services Pty Ltd and the Artist free from any liability, injury, damage or whatever loss that may arise in any way whatsoever from this Agreement or any related matter.
18) Deposit/Fee fully refundable if cancelled due to government covid restrictions
1. Collection of Personal Information
1.1. Australian Entertainment Services Pty Ltd respects your right to privacy and is committed to safeguarding the privacy of our customers and website visitors. We adhere to the Australian Privacy Principles contained in the Privacy Act 1988 (Cth). This policy sets out how we collect and treat your personal information.
1.2. “Personal information” is information we hold which is identifiable as being about you.
1.3. Australian Entertainment Services Pty Ltd will, from time to time, receive and store personal information you enter onto our website, provided to us directly or given to us in other forms.
1.4. You may provide basic information such as your name, phone number, address and email address to enable us to send information, provide updates and process your product or service order. We may collect additional information at other times, including but not limited to, when you provide feedback, when you provide information about your personal or business affairs, change your content or email preference, respond to surveys and/or promotions, provide financial or credit card information, or communicate with our customer support.
1.5. Additionally, we may also collect any other information you provide while interacting with us.
2. How we collect your personal information
2.1. Australian Entertainment Services Pty Ltd collects personal information from you in a variety of ways, including when you interact with us electronically or in person, when you access our website and when we provide our services to you. We may receive personal information from third parties. If we do, we will protect it as set out in this Privacy Policy.
3. Use of your personal information
3.1. Australian Entertainment Services Pty Ltd may use personal information collected from you to provide you with information, updates and our services. We may also make you aware of new and additional products, services and opportunities available to you. We may use your personal information to improve our products and services and better understand your needs.
3.2. Australian Entertainment Services Pty Ltd may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.
4. Disclosure of your personal information
4.1. We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, or subcontractors insofar as reasonably necessary for the purposes set out in this Policy. Personal information is only supplied to a third party when it is required for the delivery of our services.
4.2. We may from time to time need to disclose personal information to comply with a legal requirement, such as a law, regulation, court order, subpoena, warrant, in the course of a legal proceeding or in response to a law enforcement agency request.
4.3. We may also use your personal information to protect the copyright, trademarks, legal rights, property or safety of Australian Entertainment Services Pty Ltd, www.aes.com.au, its customers or third parties.
4.4. Information that we collect may from time to time be stored, processed in or transferred between parties located in countries outside of Australia.
4.5. If there is a change of control in our business or a sale or transfer of business assets, we reserve the right to transfer to the extent permissible at law our user databases, together with any personal information and non-personal information contained in those databases. This information may be disclosed to a potential purchaser under an agreement to maintain confidentiality. We would seek to only disclose information in good faith and where required by any of the above circumstances.
4.6. By providing us with personal information, you consent to the terms of this Privacy Policy and the types of disclosure covered by this Policy. Where we disclose your personal information to third parties, we will request that the third party follow this Policy regarding handling your personal information.
5. Security of your personal information
5.1. Australian Entertainment Services Pty Ltd is committed to ensuring that the information you provide to us is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure information and protect it from misuse, interference, loss and unauthorised access, modification and disclosure.
5.2. The transmission and exchange of information is carried out at your own risk. We cannot guarantee the security of any information that you transmit to us, or receive from us. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that personal information that we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.
6. Access to your personal information
6.1. You may request details of personal information that we hold about you in accordance with the provisions of the Privacy Act 1988 (Cth). A small administrative fee may be payable for the provision of information. If you would like a copy of the information, which we hold about you or believe that any information we hold on you is inaccurate, out of date, incomplete, irrelevant or misleading, please email us at reception@aes-online.com.au
6.2. We reserve the right to refuse to provide you with information that we hold about you, in certain circumstances set out in the Privacy Act.
7. Complaints about privacy
7.1. If you have any complaints about our privacy practices, please feel free to send in details of your complaints to 240 Rae Street, North Fitzroy, Victoria 3068. We take complaints very seriously and will respond shortly after receiving written notice of your complaint.
8. Changes to Privacy Policy
8.1. Please be aware that we may change this Privacy Policy in the future. We may modify this Policy at any time, in our sole discretion and all modifications will be effective immediately upon our posting of the modifications on our website or notice board. Please check back from time to time to review our Privacy Policy.
9. Website
9.1 When you visit our website
When you come to our website (www.aes.com.au) we may collect certain information such as browser type, operating system, website visited immediately before coming to our site, etc. This information is used in an aggregated manner to analyse how people use our site, such that we can improve our service.
9.2 Cookies
We may from time to time use cookies on our website. Cookies are very small files which a website uses to identify you when you come back to the site and to store details about your use of the site. Cookies are not malicious programs that access or damage your computer. Most web browsers automatically accept cookies but you can choose to reject cookies by changing your browser settings. However, this may prevent you from taking full advantage of our website. Our website may from time to time use cookies to analyses website traffic and help us provide a better website visitor experience. In addition, cookies may be used to serve relevant ads to website visitors through third party services such as Google Adwords. These ads may appear on this website or other websites you visit.
9.3 Third party sites
Our site may from time to time have links to other websites not owned or controlled by us. These links are meant for your convenience only. Links to third party websites do not constitute sponsorship or endorsement or approval of these websites. Please be aware that Australian Entertainment Services Pty Ltd is not responsible for the privacy practises of other such websites. We encourage our users to be aware, when they leave our website, to read the privacy statements of each and every website that collects personal identifiable information.
