Booking Terms & Conditions 

Between Topend Events & Promotions Pty Ltd ACN 612 596 906 (Topend Events & Promotions, TEP, Company, we or us) and you (Client or you)
 

  1. Provision of Services

1.1 We are an entertainment industry representative, professional booking agency engaged in the business of introducing Talent for our clients’ Events and Functions (Services), supplying temporary staff (talent)

1.2 You wish to engage us from time to time to provide the services, subject to these terms and conditions.

1.3 You the client must be 18 years of age or older to book our talent, or be present at the event during the talent being present.

1.4 If you the client instruct us to provide you with the services, that will be taken as your acceptance of this agreement and any related special conditions. The parties agree to be bound by the terms and conditions in the TEP Quote and/or these terms of agreement.

1.5 If you the client wish to engage our services for an event, we will send you a booking form for completion. This booking form will request details about the event, including but not limited to the following:

i) Event date(s)

ii) start and finish times

iii) Event address

iv) wardrobe/dress/uniform requirements

v) hair, make-up and grooming requirements

vi) contact name and number at event/function.

 1.6 On receipt of the completed booking form, we will provide you with an estimate of the event fee, whether written, written and partly oral or wholly oral.

1.7 If you the client do not dispute the event fee within 24 hours of receipt of the estimate, the booking will be deemed a confirmed booking.

1.8 TEP talent will be contracted by Topend Events & Promotions Pty Ltd and perform services under your direction, control and supervision.

1.9 The client acknowledges and agrees to the company’s terms of business

1.10 All services made by the client will be subject to these terms and business unless expressly agreed to in writing between parties.

1.11 The quote may be varied after acceptance, subject to agreement by TEP which may be withheld at TEP’s discretion including but not limited to availability of talent, conflicts with other events, time until the event.

  1.  Each variation to the proposal or quote shall incur an administration fee of $45

  2. You the client agrees that it is required to observe occupational health and safety requirements and comply with this clause as if it were an employer of the talent

2. Relationship between Topend Events & Promotions, Clients and Talent

2.1 The talent has engaged Topend Events & Promotions Pty Ltd to be their representative and TEP has the authority to enter into contracts with any and all clients on their behalf.

2.2 The parties acknowledge and agree that, unless otherwise advised in writing by TEP or the talent:

i) you the client are the ‘end-user’ as defined in the Australian Taxation office’s (ATO) “PAYG withholding for performing artists” guidelines (Guidelines)

ii) the talent is a ‘Performing Artist’ as defined in the Guidelines

iii) TEP is an ‘intermediary’ as defined in the ATO’s Superannuation Guarantee Ruling SGR 2005/2” (Ruling), and

iv) in accordance with the Guidelines, TEP, in its capacity as an intermediary, is entitled to raise invoices and collect monies on behalf of the Talent.

2.3 In the situations set out in this agreement

i) a contract is created between you the client and the talent once a booking is a confirmed booking,

2.4 You the client shall not be given personal information and contact information of any talent and must direct all enquiries to TEP. The client must not ask for personal or contact information of any talent and must use best endeavours to ensure its invitees, employees, staff and guests comply with this clause.

2.5 You the client agrees that if talent is required/requested by the client or any person representing the client to perform excluded duties, the talent may immediately conclude the Services the subject of the proposal or quote and the client agrees to pay the service fee without discount or deduction

2.6 TEP relationship with the client is that of an independent contractor. Neither TEP nor the client has (nor may it represent that it has) any power, right or authority to bind the other, or to assume or create any obligation or responsibility, express or implied, on behalf of the other or in the other’s name.

                                                                                                                                                      

2.7 TEP is a professional booking agency for self-employed talent and when booked all details will be given to the chosen talent. Therefor the contract is then between client and talent. Therefor TEP will not be held liable for any breach of the agreed contract but we will do our best to ensure the contract between client and talent is not broken. All talent representing TEP are professional and endeavour to uphold the agreed contract.

2.8 Nothing stated in this agreement must be construed as constituting TEP and client as partners, or as creating the relationship of employer and employee, mater and servant or principal and agent between the parties.

2.9 TEP shall not be responsible for acts of the client’s employees, other contractors, or partners who may assist in any provision provided by this agreement.

2.10 You the client must not during the term of this agreement, or for a period of 6 months following completion of any Services

i) employ, contact, contract or hire directly or indirectly the services of any of our employees, contractors, agents or other personnel

2.11 TEP are contracted on behalf of the talent to represent them within the modelling & entertainment industry. At no time and under no circumstances, is the talent to deal direct with the client and vice versa. A minimum fee of $2500 will be charged to the client in the event talent are employed directly through the client.

.

 

3.Insurances

3.1 You the client acknowledge and agree that you are the entity employing, engaging or hiring the talent, and that you will hold adequate levels of workers compensation insurance to cover all talent used at all locations.

3.2 You the client must hold adequate levels of all other insurances that are relevant for an event, including but not limited to public liability insurance.

4. Bookings, Cancellations and Fees

4.1 Confirmed Bookings – If you the client cancel a confirmed booking, TEP has the discretion to charge you the cancellation fees set out in this agreement.

4.2 Provisional Bookings – If you the client request a provisional booking, TEP will attempt to co-ordinate talent to be available for such booking.  However, notwithstanding the provision in this agreement, TEP is not bound to provide talent until such time as you accept the estimate and TEP confirms that the booking is a confirmed booking. For the avoidance of doubt, TEP may cancel a provisional booking, or allow any other booking to take precedence over a provisional booking.

4.3 Last Minute Bookings – TEP has the discretion to charge an additional fee for last minute bookings or bookings made over a weekend or public holiday.

4.4 All quotes provided to you the client from TEP are valid for 28 days from the date of quote. The quote provides the “agreed price” for the provision of services, and will contain references to the “deposit” required to proceed.

4.5 Unless otherwise agreed, bookings are only accepted once the quoted non-refundable deposit is received. Provisional bookings can be made, however TEP reserves the right to cancel provisional bookings to allow talent to accept other bookings.

4.6 TEP will provided an estimate of fees as set out in the TEP quote as a tentative quote including foreseeable costs and out of pocket expenses pursuant to the proposal.

4.7 TEP is not bound by the amount set out in the TEP quote

4.8 TEP will provide the confirmed service fee to you the client at least 7 days prior to the event which may be accepted by the client verbally, in writing or by conduct and shall be binding on the client if not already received/confirmed.

4.9 TEP may cancel an agreement if a client refuses to accept a price where the scope and work have been altered after the contract has been entered into, or as soon as it is found that any expenses in relation to an agreement will be in excess of those originally estimated in a quotation and any increases in expenses are not agreed to be covered by you the client.

4.10 The total hours booked by the client “the booked hours”, and listed on a quotation/proposal are the minimum hours of talent that must be paid for. Should a job finish earlier than the original booked hours, the client agrees and acknowledges that they will make full payment of total hours book

4.11 Overtime or penalty rates may apply if a job takes longer than the booked hours. If a job continues beyond the booked hours, the job will be additionally invoiced for the overtime in minimum 30 minute increments.

4.12 Normal working hours are between 7am and 6pm, Monday to Saturday. Bookings outside of these hours or beyond 8 hours a day must be negotiated at the time of booking.

4.13 A half day rate is 4hrs and a full day rate is 8hrs. If the booking exceeds the agreed call time, overtime rates will apply. These will be the standard rates unless otherwise negotiated

4.14 TEP guarantee that our talent will perform services to a satisfactory standard. In the instance, a pre-selected talent cannot honour their established assignment, you will be notified and TEP will source a suitable replacement. You will not be charged for any unproductive management time. You are required to inform TEP as soon as practical, if you the client are not satisfied with the performance of service by TEP talent or their behaviour.

4.15 In the very rare instance talent does not attend or complete their agreed assignment due to unforeseen circumstances, you will be refunded their applicable hours within 48 business hours to your elected bank account if a suitable replacement cannot be found in a reasonable time frame.

4.16 TEP cannot guarantee your requested talent unforeseen circumstances. We will however endeavour to provide you with an adequate replacement in the unlikely case.

4.17 TEP allow our talent to arrive 30 minutes either side of the booking time, to allow for any unforeseen circumstances.

4.18 Unless otherwise agreed, travel charges will apply where talent travels more than 30 km outside of the Central Business District of a Capital City of Australia.  It is agreed and acknowledged by you the client that TEP will use Google Maps to confirm the travel kms from the Central Business District of a Capital City of Australia to the event address. It is further agreed and acknowledged that travel time will be charged at $0.78 per km for the entire trip duration where the total travel time exceeds 30 kms, per direction. plus $0.50 per kilometre per passenger for any event that is located more than 30 kilometres from a Central Business District of a Capital City of Australia.

4.19 A client that utilises TEP event management service either by phone or email for more than 48hours to source staff, venues or any other event related request for their event or function, will be liable for payment of a service fee regardless of confirming Topend Events & Promotions Pty Ltd to undertake work for you the client. An additional fee will not be charged if you the client accepts to go ahead with booking TEP to undertake services requested by you the client.

4.20 You the client agrees to nominate a key-person, as the sole point of contact for all dealings with TEP. The client agrees by executing this agreement that the key person has authority to bind the client and is entitled to make decisions on behalf of the client.

4.21 You the client must pay the service fee ‘Invoice’ to TEP and in addition any Goods and Services Tax payable pursuant to in this agreement, in full consideration for all Services rendered by TEP

4.22 Failure by you the client to pay any of the service fees by the proposal date specified in this agreement will result in termination of the agreement and forfeit of the deposit or any other payments made by you the client.

4.23 All service fees must be paid by the final payment date.

4.24 A service fee may be payable in addition to the event fee and if applicable will be set out in the estimate. On any invoices made without a quote, the standard 15% will apply.

4.25 A deposit in the sum of 50% of the event fee will be invoiced once a booking becomes a confirmed booking. This fee is due with 48 hours prior to event.

4.26 In the event you the client cancels a booking, the client agrees and acknowledges that it is liable to pay the following amount(s) in consideration for the cost incurred, or to be incurred by TEP as a result of the cancellation: (Cancellations must be notified to TEP during hours of 9am – 5.00pm Monday – Friday AEST and shall be charged on the following basis.

a) 100% of the agreed price is payable if –

i) cancellation takes place within 24 hours of the scheduled event;

ii) Cancelled due to inclement weather on arrival,

iii) Specified talent is ill but suitable replacement is provided by TEP.

iv) Cancellation takes place within 72 hours for all private bookings

b) 75% of the agreed price is payable if cancellation takes place within 48 hours, (but more than 24 hours) of the scheduled event;

c) 50% of the event fee at any other time after a confirmed booking is made

d) 0% fee is payable if specified talent is ill but suitable replacement not provided. TEP will provide a full refund to the client within 48 business hours

4.27 If a confirmed booking for an event that is three days or more in duration is cancelled within a period equal to or less than the duration of the event, 100% of the total event fee will be due and payable. Cancellations must be made no later than 14 days prior. Cancellations that result with less than 14 days’ notice will result in your service fee being forfeited.

4.28 If the hours specified in the booking form are reduced within 48 hours of an event, cancellation fees may apply at the discretion of TEP

4.29 You the client acknowledges that any liability imposed upon TEP pursuant to A New Tax System (Goods and Services Tax) Act 1999 in respect of taxable supplies will be passed on by TEP to you the client and included in TEP accounts to the client.

4.30 Unless otherwise agreed, payment terms are 7 days.

4.31 Unless otherwise agreed in writing: (a) 50% of the event fee is payable as a deposit within 14 days of issue of the initial invoice or prior to event whichever occurs first

4.32 50% of the event fee or remaining balance is payable on completion of the event within 7 days of completion of the scheduled event or issue of the final invoice by TEP.

4.33 You the client agrees and acknowledges that TEP is entitled to charge interest on any outstanding balances, and that interest will continue to accrue on the balance of any outstanding balance at a rate of 2% per day. A administration fee will also be charged on all overdue invoice.

4.34 Payments can be made by electronic funds transfer to our bank account (bank details appear on all invoices) PayPal, or credit card by completing a credit card authority in a form approved by TEP or over the phone payment via credit card. If you provide us with a credit card authority or over the phone payment, you confirm that we are authorised to charge the credit card for the deposit of the Event Fee and credit card processing fee and, if any part of the balance of the Event Fee is still owing on the due date for payment of the final invoice issued by TEP, the amount of the unpaid balance of the Event Fee and any other amounts owing to us in accordance with this agreement

4.35 Any events where you the client is to pay the talent. A deposit of the service fee is required to be paid by credit card. If you provide us with a credit card authority or over the phone payment, you confirm that we are authorised to charge the credit card for the deposit of the service fee and credit card processing fee of 2.2%.

4.36 If you the client fail to pay the amounts due, in accordance with these terms and conditions, you must pay for all expenses and costs incurred in recovering any outstanding monies, including debt collection fees and legal costs, and we may at our absolute discretion require the payment of interest at the rate of 2% (calculated daily) on the amount of any amounts outstanding, an administration fee will also be charged on all overdue invoices. Any balance not paid within 21 days shall be referred to a debt collection agency

4.37 If an event finishes earlier than specified in the booking form, the event fee remains payable unless agreed otherwise

4.38 If an event finishes later than specified in the booking form, overtime and/or penalty rates may apply at the discretion of TEP

4.39 Fittings will be charged at $75 per hour, plus the service fee, where applicable, plus GST

4.40 Manicures, Tanning or additional hair maintenance requests (Maintenance) will be charged as set out in the quote, unless specifically negotiated, as well as the actual cost for the requested maintenance to reimburse the talent

4.41 Unless otherwise stated in the quote, you the client agrees to pay (in addition to the service fee and charges set out in the quote) a fee of $60.00 per 24 hours for meals and incidentals for any proposal which requires talent for ‘Away from Home’ assignments.

4.42 You the client agrees to provide accommodation in a safe and suitable hotel approved by TEP and paid for prior to the event where talent is required to travel more than 150km or 1.5 hours to attend the event. TEP will use reasonably endeavours to limit the requirement for the client to pay for accommodation by using talent in the local area of the event unless specific talent is selected by the client for the event.

4.43 If you the client no longer requires the services to be performed in the allocated hours in the proposal, the client shall be liable for the full time booked and no discount or refund shall apply.

4.44 TEP will render tax invoices to the client from time to time and the client will attend to payment in accordance with TEP terms contained in the tax invoice

4.45 This agreement where applicable shall continue to apply in relation to any payments owing pursuant to this agreement.

4.46 A client that utilises TEP event management service either by phone or email for more than 48hours to source talent, venues or any other event related request for their event or function, will be liable for a service fee regardless of confirming TEP to undertake work for you the client. An additional fee will not be charged if you the client accepts to go ahead with booking Topend Events & Promotions Pty Ltd to undertake services requested by you the client.

4.47 TEP may delegate its duties to an employee(s), or contractor(s) under this agreement without written consent from you the client.

4.48 You the client also acknowledges that TEP is not responsible to the extent for damages made by any contractor(s) or subcontractor(s) of a contractor under this agreement.

4.49 We may at any time at our discretion suspend the services and/or terminate this agreement in relation to any Services by providing you with notice in writing in the following circumstances

i)     if you fail to make payments to us by a due date, or

ii)    If you breach any obligation under this agreement.

4.50 You the client acknowledges that you are responsible for all PAYG and Superannuation payments in addition to the model rate and must carry out all obligations.

4.51 You the client may engage TEP to make these PAYG and Superannuation payments to all talent, if agreed by all parties and the client provides an authority to make such payments. These payments must be agreed upon at the time of booking.

4.52 If you the client requires pre-screening of talent prior to an appointment. You the client acknowledges a fee is payable to each talent for their time in the pre-screening, this can be payable at the time of pre-screening all prior to the event.

 

5. Complaints

 

  1. If you have any issues during an event with any of the talent, then you must advise TEP as soon as possible, and in any event during the course of the event. No claims or alterations in the event fee will be accepted after the final invoice is issued at the completion of the event.  TEP acts solely for and on behalf of the talent and whilst making every endeavour to provide a satisfactory and efficient service, TEP cannot be held ultimately responsible for the conduct of the talent at an event.  

  2. TEP will not undertake a duty to take action on behalf of the client in the event of dissatisfaction on the part of the client unless this is communicated to the agency at the time of the booking when the talent is still present at the venue. To this end the agency undertakes to make all reasonable efforts to be available on the telephone at the time of the client's booking.

  3. You the client shall not defame TEP or its talent in any form if you are not satisfied with a service. All communications must be made in writing immediately to TEP Management. All reasonable attempts must be made to resolve any issues at the time of concern. Failing to communicate your concerns in a reasonable time and manner may result in a fee up to $2500 payable to TEP for damages caused including legal costs.

  4. All contractor(s) or talent shall not defame TEP under any circumstance If the talent is unsatisfied with a service or client and the talents questions are not answered in the talent terms and conditions, contact the office immediately to resolve your issues. Reasonable attempts must be made to resolve any talent concerns at the time of concern. Failing to contact us in a reasonable time and manner to resolve the talents concerns may result in a fee up to $2500 payable by the talent for damages caused including legal action.

 

6. Exclusivity

6.1 A special fee will be negotiated in circumstances where you require exclusivity.

6.2 It is your responsibility to check, at time of booking, whether any conflicting work has been previously done by the talent.

6.3 If the talent advertises a product, he/she is able to work for any competitor in the future unless an exclusion fee is negotiated and received.

 

7. Liability and Disclaimer

7.1 The information contained on this website including any rates information or reviews are given in good faith and TEP uses all reasonable efforts to ensure that it is accurate. However, TEP gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.

7.2 No liability is accepted by TEP for any loss or damage which may arise out of any person relying on or using any information on this website. TEP will not be liable to any person relying on or using any such information for:

i) loss of revenue, loss of actual or anticipated rates; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts);

ii) loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or

iii) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this website. However, nothing in the above will limit or exclude TEP liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.

7.3 You the client agrees to fully cover TEP, and keep indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from any use or misuse by the client of this website.

7.4 If any provision of these Terms of Business or Terms and Conditions is held to be invalid by a court of competent jurisdiction, such invalidly will not affect the validly of the remaining provisions, which will remain in full force and effect.

7.5 You the client acknowledge that you have not relied on any advice, representation or warranty given or made by us in connection with the Services and which is not expressly stated in this agreement.

7.6 We do not guarantee that our services will provide any specific results.

7.7 We may update this privacy policy from time to time. If Topend Events & Promotions changes this term of business we will post those changes onto our website. Amendments will be effective immediately upon being placed on the website.

 

8. General / Miscellaneous

8.1 Failure of a party at any time to require full or partial performance of any provision of this agreement shall not affect in any way the full right of that party to require that performance subsequently.

8.2 These business terms constitute the entire agreement and understanding between you the client and us TEP and replace any and all prior communications, representations, agreements or understandings between you and us with respect to the subject matter of these terms

8.3 We may appoint sub-contractors to perform Services under this agreement without your prior written consent

8.4 This agreement is governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts of that State.

8.5 For the purposes of the Electronic Transactions (Victoria) Act 2000, each party consents to information being given by an Electronic Communication

8.6 You the client is required to provide electronic written or verbal confirmation when wishing to proceed with the services of TEP. You the client accepts and agrees to be bound by these terms and conditions. TEP will follow internal company processes & procedures to endeavour your booking is delivered accordingly.

8.7 The use of phones, cameras etc during private events, are prohibited during any time our talent is present. You the client may ask permission to have photos/video with a talent but if they decline please respect their decision.

8.8 You the client must treat the talent with respect at all times. Disrespecting our talent will not be tolerated.

8.9 You the client must supply a clean and safe area for our talent. You must also supply a private and safe room for our talent to get changed if required and store their belongings.

8.10 Fail to comply with any of these terms may result in the booking being cancelled or the talent leaving. No refunds will be given.

8.11 This company operates in Australia and under Australian law, we remind clients that racism is unacceptable and may result in the termination of service if this agency considers that the performer(s) may in danger of racial abuse or harassment and on this issue the agency decision is final.

8.12 Whilst every precaution is taken by TEP, we will not accept responsibility for any behaviour by the talent

8.13 All re-bookings must be made through TEP and not directly with the talent.

8.14 By Booking with Topend Events & Promotions Pty Ltd you agree to all the above. Topend Events & Promotions is a professional booking agent and uses the services of independent contractors. Topend Events & Promotions Pty Ltd excepts no liability or responsibility for any contractor’s actions at or during a booking. The contractor is solely responsible for their own insurance and personal indemnity

 

Interpretations/References.

  1. a reference to a document or agreement (including this agreement) includes a reference to that document or agreement as amended, novated, added, varied or replaced from time to time

  2. a reference to a party will be construed as a reference to a party to this agreement

  3. references to “dollar” and “$” will be construed as references to Australian currency unless otherwise stated.

Definitions in these standard terms, the following words have the corresponding meanings

Booking Form means the form completed by you setting out the details of the Event. 

Client means the individual or business specified on the TEP quote to whom services are supplied and includes any agent, partner, director, proprietor or contractor or legal entity.

Date of Agreement means the date specified on the TEP quote.

Event includes but is not limited to launches, campaigns, trade shows, in house activations, event hosting, demonstrations, television, print and outdoor campaigns

flyers at a train station).

Event Brief means the emails or other correspondence between the parties setting out information about the event

Event Fee means the total sum of all fees payable for a Confirmed Booking as set out in the invoice rendered by TEP.

Excluded Duties means duties that are not included in a Proposal or Event Brief and make Talent: (a) Feel unsafe or uncomfortable; (b) Harassed either physically, verbally or sexually; or (c) feel demeaned in performing duties that are not reasonably outlined in the Event Brief (i.e. Promotional Hostess asked to hand out Exclusivity means the exclusive use of a talent/model’s services in association with a particular product brand to the exclusion of competing brands. 

GST has the meaning given in A New Tax System (Goods and Services Tax) Act 1999 (Cth), or any other similar tax

Invoice means an account, invoice, statement or demand for payment (however described) of the Company delivered via email or post and payable by you

Key Person means main point of contact for you the client

Last Minute Booking means a booking made within 24 hours of the Event

TEP means Topend Events & Promotions Pty Ltd ABN 36612596906 ACN 612596906

TEP Quote means the quote emailed to the client or as varied by agreement between the parties.

Premises means the job location specified on the TEP Quote

Proposal means the proposal specified in the TEP Quote or any emails between the parties.

Provisional Booking means a request by you for a possible future booking. 

Services means the promotional services described in the TEP Quote or emails between the parties and services provided by us

Service Fee means an additional fee charged for the services of event management by TEP administration. Also known as an Agency Service Fee or Admin Fee.

Talent means TEP contracted staff (promotional models and staff) or any person(s) introduced to the client by the company TEP for the provisions of services as agreed.

Terms” means these terms of business, as modified or replaced from time to time.

Last updated June 2017

©Topend Events & Promotions Pty Ltd