December 2, 2021
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G&M Event Group TERMS AND CONDITIONS
Thank you for choosing G&M Event Group [ABN 81 047 654 319] hereafter (“our”, “we”, “us”) for your Booking.
This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use the Goods and Services (‘the Terms’) supplied by us. Please read these terms carefully before booking with us, or using our Goods and Services. The Terms enclosed are important because they set out the rights and obligations of you as the Client, the details of your Booking Date, and the use our Goods and Services at your designated event (‘your Booking Date’).
Your Booking is confirmed once we have received an executed copy of these Terms, or you have agreed to these Terms on our online booking system. However, where you fail to provide an executed copy of the Terms but proceed to use our Goods and Services, pay our Booking Fee, or instruct us as to how the Goods and Services will take place on your Booking Date, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
1. Scope of Services
1.1 We provide entertainment goods and services as outlined on our online booking page;
1.2. Where requested, we also provide one or more of the following Goods and Services, as outlined in Schedule One;
1.2.1. Entertainment such as DJs and MCs for your event;
1.2.2. The provision of visual effects such as atmospheric effects, including but not limited to dry ice and sparkular systems (‘the Visual Effects’);
1.2.3. The provision of other hire items, including but not limited to lighting and dance floors (‘the Hire Items’) and
1.2.4. Co-ordination, planning and set up/pack down of any of the above;
(hereafter, referred to as “Goods and Services”).
2. Non-Refundable Booking Fee
2.1. You must pay a non-refundable booking fee of 30% of the total price quoted by us. The Non-Refundable Booking Fee not only constitutes the reservation of your Booking Date, but also payment for work performed and costs and expenses associated with doing so.
2.2. You acknowledge that through booking a specific date that your Booking is held, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms. The Non-Refundable Booking Fee is considered liquidated damages and has been set as a genuine estimate of loss suffered in the event you cancel your Booking at any point.
2.3 The Non-Refundable Booking Fee is not transferable to another Booking Date or another type of Goods or Services (unless otherwise provided within these terms), and the variation of your Booking constitutes a new booking, subject once more to these Terms.
3. Payments
3.1. The final balance of your invoice from us must be paid seven (7) days prior to the Booking. Failure to pay monies due means that we may suspend or withhold the performance of the Goods and Services until such payment is made, and all complimentary services may be cancelled.
3.2. For payments other than the Non-Refundable Booking Fee, we will provide you with an invoice for the Goods and Services in advance. Any payments made to us will be made by direct deposit and credit card.
3.3. We reserve our right to charge interest and pass on debt collector fees incurred whilst recovering payment of any invoices.
3.4. If, and to the extent, any supply of the Goods under the Agreement is a taxable supply within the meaning of the A New Tax System (Goods and Services Tax) Act 1999 (Cth), the price for the Goods will be increased to include GST payable by the Supplier in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
3.5. In the event that you choose to pay the full amount, or an amount greater than the Non-Refundable Booking Fee outlined in Clause 2 earlier than fourteen (14) days prior to the Booking, you do so at your own initiative and the money will not be refunded where you choose to cancel or postpone your Booking.
3.6. Where the Booking requires substantial travel for us, the amount will be outlined in the the quote provided to you.
4. Changes to Prices and Packages
4.1. Prices and package options for the Goods and Services are subject to change under the following circumstances:
4.1.1. If the amount of work actually undertaken increases beyond what has been outlined in any package offering;
4.1.2. If the scale of the Booking, or the nature of the event subject of the Booking (for whatever reason) changes and increases beyond what was initially discussed and agreed between us; and
4.1.3. If you change your mind on certain styling elements, from what the original agreed concept was, and we must make additional changes to confirmed bookings, and undertake further work.
5. Cancellation or Postponement of Booking
5.1. You may cancel this agreement at anytime, by notifying us in writing. By doing so, you forfeit the non-refundable Booking Fee.
5.2. Where you give proper notice, being two (2) months (‘Proper Notice’), any monies paid beyond the Booking Fee to us will be returned to you as soon as reasonably practicable. Upon providing Proper Notice, you may also postpone your Booking to a date mutually agreed between us. If a date is agreed, your Non-Refundable Booking Fee is able to be transferred to that new date. Where reasonable attempts have been made to find a mutually acceptable future date and parties are unable to agree, we may retain the Non-Refundable Booking Fee in accordance with the terms of this Agreement.
5.3. Where Proper Notice is not, or can not, be provided, your Booking is treated as cancelled. Any monies paid, including the Booking Fee will be retained by us, unless otherwise agreed. Such decision will be made at our discretion.
5.4. Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within thirteen (13) months of the original Booking Date. If a date is required beyond this, further fees may apply.
5.5. We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
5.6. We may withdraw our Goods and Services in some circumstances. Such circumstances include discovery of new information, changes to agreed circumstances, or other factors which tend to circumvent its policies. Non-cooperation; changes in locations, facilities or available times; missed appointments and late payments are examples of contributing factors. Should we initiate the withdrawal, all fees will be returned, excluding the Booking Fee as well as fair market value for all Goods and Services provided.
6. Provision of Special Effects
6.1. We reserve the right to not run the Visual Effects if anyone is in danger. It is your responsibility to ensure all guests, venue staff, children and vendors are at a safe distance.
6.2. Set up fees will be charged accordingly. Set up may include placement of items to assist with the Special Effects in the predetermined area as agreed by you.
6.3. We accept no responsibly for the run time of the Visual Effects. The run time is an estimation and is a trade-off between run time and a more ambient effect. For example, longer lasting effects will result in lighter clouds, shorter effects will result in more dense clouds. Refunds will not be issued on the basis of a short run time or limited effect.
6.4. We will not accept responsibility if the doors or windows are open and/or air conditioning, fans, or other cooling/heating devices interfere with the Visual Effects. We request that you liaise with the Venue to reduce or turn off any devices of this nature for the duration of the Visual Effects.
6.5. All Dancing on a Cloud bookings will receive 10KG of dry ice for this booking unless additional ice is requested. Requests for additional ice must be made in writing five (5) days before the event
6.6. In the event of a Total Fire Ban and we are unable to obtain a Total Fire Ban permit a full refund will be provided for the effects affected by the ban minus the delivery and staff costs.
6.7. We reserve the right to use our choice of a dry ice supplier. Dry ice provided by you will not be accepted.
6.8. The Visual Effect equipment must be operated by our technician. Any unauthorised use or operation will void the Booking and result in the full fee being charged and the Booking being cancelled.
6.9. We accept no responsibility if anyone is injured due to lack of security or unprofessional/unsafe handling of the dry ice by patrons/guests.
6.10.We will not be responsible for any refunds if you have failed to attain appropriate approval from the venue for the use of dry ice, sparkular or low-lying effects inside or outside of the venue.
6.11. The run sheet for the Visual Effects must be submitted seven (7) days prior to the Booking. Failure to provide correct timing information may result in additional fees if the event is behind or ahead of schedule. Any changes to the run sheet must be within the seven (7) days’ notice period must be approved by us.
6.12. We accept no responsibility for the cleaning of confetti, damages to any property, or injuries. This is your responsibility and by making payment you have acknowledged this responsibility.
7. Intellectual Property
7.1. You acknowledge that we may take images and/or video of you using us at your Booking. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free nonexclusive licence to use any such images for our marketing purposes.
7.2. Any photographs, videos or sound recordings taken by you and/or Guests must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited. An exemption applies for Videographers, where appropriate consent for reproduction, and acknowledgement of services, is obtained by us in writing.
7.3. Images of people, places and/or products posted on our website are either our exclusive property or are used herein with our express permission. Unless otherwise noted, all content included on our website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is our property or our suppliers, partners, or affiliates and is protected by Australian and international copyright laws. You also acknowledge that you have read and understood any of our terms and conditions that relate to the use of content and material on our Website.
8. Model Release
8.1. You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs of you or in which you may be included, for editorial, trade, advertising or any other purpose and in any manner and medium; (ii) to alter the same without restriction; and (iii) to copyright the same.
8.2. You acknowledge that it is your responsibility to obtain the necessary assignment of rights to us from those who are to be featured in photography so as to ensure that we can use and publish the photographs of those persons.
8.3. You hereby release us and assigns from all claims and liability relating to said photographs. It is agreed that we may display and use the photographs taken for advertising, display, website and internet promotion, photographic contests, public display and any other purpose thought proper by us.
9. Cooperation and House Rules
9.1. You agree to obey all reasonable written and verbal instructions given by us and its Contracted Personnel without objection in response of the Goods and Services.
9.2. You acknowledge that we are limited by the guidelines of the ceremony official or the venue site management if applicable. You agree that you will be at all times responsible for obtaining any necessary consents associated with the Event’s host venue for the Goods and Services and we will not be liable for any loss whatsoever resulting from a failure to perform the Goods and Services on the basis that the Event’s host venue has refused the Goods and Services to be provided.
9.3. You must also advise of any issues that may prevent us from performing at your Event as soon as you become aware of such issues. You further agree to indemnify us and that you are liable for loss suffered as a result of your failure to notify us of such issues or if we have suffered any loss associated with your Event.
10. Hours of Coverage
10.1. Hours of coverage are as outlined in the online booking page. You acknowledge however that we and our Contracted Personnel cannot play past the designated closing time of your Booking.
10.2. In the event that you request for us and our Contracted Personnel to play past the designated closing time of your Booking, you will be charged a minimum $200.00 per hour, or part thereof. This will be charged and pre-paid before the extended time begins.
11. Safety
11.1. You shall agree, while working with us on or at the Booking, you are not to undertake any illegal or dangerous activities that threaten our safety, well-being or liability.
11.2. You agree to provide a safe environment for us and our Contracted Personnel to prevent unauthorised interference or removal of any equipment from the arrival of us and our Contracted Personnel at the Booking, to the time of completion of engagement. The engagement will be completed at the time we and our Contracted Personnel remove all equipment from the Booking.
11.3. Further, you accept that it is not our responsibility to ensure you, and your other vendors, are following government regulations with respect to COVID-19 or any other health directive, including those restrictions relating to gatherings, social distancing, and dancing. As it is your responsibility, you agree to arrange enough supervision or security at the Booking to ensure all government regulations relating to the gathering of persons are adhered to.
11.4. If these regulations are not strictly adhered to and we or our Contracted Personnel feel the personal safety of its employees and officers are at risk, we reserve the right to exit the event and cease our Services. If this occurs, you forfeit any fees paid.
12. Special Terms and Conditions
12.1. Equipment
12.1.1.You are required to ensure or provide a non-vibrating surface for our Sound System prior to the Booking, of 2 metres by 3 metres, and within 10 metres access to a power point.
12.1.2. Where the Booking is being held outdoors, you are required to ensure or provide adequate cover and protection for us, our Contracted Personnel, and equipment.
12.1.3. Interruption to the music due to moving equipment, including the Sound System will not be cause to receive a discount on Goods and Services provided.
12.1.4. Where equipment becomes damaged, or the like, through fault of people at the Booking, excluding us and our Contracted Personnel, you will be responsible in repairing and replacing the equipment affected.
12.2. Music Request List
12.2.1. We and our Contracted Personnel will endeavour to play and produce all requested music but will not be held liable or in breach of this Agreement for failing to play requested music.
12.2.2. We and our Contracted Personnel reserves the right to include selections in addition to or in substitution of, those specified in the Music Request List.
13. Hired Items
13.1. In accordance with the terms of this Agreement, we will deliver and set-up the Hire Items on the Installation Date to the address specified in the Quote (“Site”).
13.2. The Price is determined on the basis that the Site is easily accessible and available for the delivery and collection of the Hire Items in accordance with the terms of this Agreement. Any delays or difficulties in delivery or collection of the Hire Items will result in the Price being amended and an additional invoice immediately issued to you for payment within seven (7) days of the date of the invoice for all additional fees.
13.3. You must:
13.3.1. provide us with a floor plan of the Site seven (7) days prior to the Installation Date. You agree and acknowledge that we will not be held liable for any Hire Items that are delivered to, or left at, the wrong location;
13.3.2. provide all electricity and electrical items required for the Hire Items. You agree and acknowledge that we will not be held liable for any electrical issues or malfunctions; and
13.3.3. ensure that the Hire Items are not walked over, stood on, left outside, exposed to any moisture or heat and they are at all times places on hard, stable surfaces (not grass).
13.4. Any request to cancel or change the Hire Items must be submitted to us within seven (7) days of the Installation Date. We reserve the right to accept or reject any such requests at our full discretion.
13.5. The Hire Items will, at all times, remain our property. You have no legal or equitable interest in the Hire Items or any part thereof. Your possession of the Hire Items (upon delivery) will be as a Bailee for entire period including and between the Installation Date and the Collection Date (“Period of Hire”).
13.6. Upon delivery, the Hire Items must be inspected by you to determine whether the Hire Items delivered are complete in accordance with this Agreement and are in good order and working condition. You will on completion of the inspection be deemed to have satisfied yourself that the Hire Items are suitable, fit and merchantable and capable of meeting all the requirements of the Hire Items.
13.7. Any shortages or malfunctioning of the Hire Items must be notified by you to us, in writing, within forty eight (48) hours of the Installation Date.
13.8. During the Period of Hire, and for any period of time you are in possession of the Hire Items, you are a bailee of the Hire Items. In addition to all duties imposed at law upon bailees, it is an essential term of this Agreement that you will:
13.8.1. At all times exercise all reasonable care and diligence in the use of the Hire Items in accordance with Manufacturer’s or Owner’s specifications;
13.8.2. Where we are to collect the Hire Items at the expiration of the Period of Hire, you must make them available for collection in good order and working condition at the Site on the Collection Date;
13.8.3. Not tamper or in any way interfere with, or repair or attempt to repair the Hire Items;
13.8.4. Be responsible for all accidental damage to the Hire Items, save and except where, in our reasonable opinion, such damage is caused by us;
13.8.5. Be responsible for all loss or damage to the Hire Items including damage or loss to any cartons, boxes and packaging, or any other damage, except for damage which has been caused by reasonable wear and tear;
13.8.6. At no time during the Period of Hire part with possession of the Hire Items or in any way deal with them in a manner inconsistent with our rights as owner;
13.8.7. Ensure that the Hire Items are secure at all times and where being stored in unlocked premises, supply such security measures to ensure that the Hire Items are secure at all times;
13.8.8. Keep the Hire Items safe at all times during the Period of Hire;
13.8.9. Not remove or deface any label, Manufacturer’s serial numbers or other marks identifying the Hire Items and/or our ownership of the Hire Items; an
13.8.10. Not permit any person to improperly use the Hire Items.
13.9. In the event that the Hire Items or any part of them are lost, stolen or damaged during the Period of Hire in circumstances where you bear responsibility under this Agreement, you will be liable to us and will indemnify us for the cost and expenses of the replacement of such lost or stolen Hire Items and/or for the replacement of Hire Items which, in our sole determination, are damaged beyond repair and/or for the costs and expenses of repairing or re-instating damaged Hire Items.
13.10. In the event that you fail or refuse for any reason whatsoever to return or make available for collection the Hire Items to us at the expiration of the Period of Hire, then you will be in breach of an essential term of this Agreement and without prejudice to any other rights which we may have, either pursuant to this Agreement or at law, you will be liable to pay us on a Day-Rate basis for the hiring for Hire Items for such further period.
13.11. For the purposes of Clause 13.10 above, such further period of time will commence at the expiration of the Period of Hire and conclude at the earliest to occur of, the date when the Hire Items are returned to us in good working order and condition or the date when we receive from you the full monetary compensation for the loss or damage to the Hire Items. The loss or damage to the Hire Items will be the replacement cost of the Hire Items at that time or, where the Hire Items cannot be replaced, the cost of new substitute Hire Items that can substantially be used for the same purpose as the lost damaged or destroyed Hire Items. In addition, you fully indemnify us for any other liability, loss or cost that we might sustain as a consequence of us being unable to meet any other contractual obligation to supply those Hire Items (or any other item thereof).
14. Site Services
14.1. Where we provide Services for you at the Site, each of the following are Essential Terms of this Agreement, which you must comply with. You must:
14.1.1. Ensure that we are able to access the Site at all times specified by us and at all other reasonable times so as to enable us to provide the Services;
14.1.2. Ensure that the Hire Items when installed remain in place at the Site for the Period of Hire and that the Site is not required for any other purpose which would require the Hire Items to be dismantled and re-installed or which may put the whole or any part of the Hire Items at risk of being lost damaged or destroyed;
14.1.3. Ensure that all access to the Site is given to us and that such time as is required by us is available at the conclusion of the Period of Hire to enable us to dismantle and remove the Hire Items from the Site;
14.1.4. Do all such things as are necessary to discharge your obligations under all applicable Occupation Health and Safety legislation, regulations and codes of practice so as to ensure that the Site and the Hire Items as installed are safe and free from defects and dangerous conditions;
14.1.5. Ensure that where the Hire Items are being installed on any structure or held in place by any structure that the structure is capable of holding the weight of the Hire Items and that the structure is properly erected so as to be safe and so as to take the anticipated loads involved in holding the Hire Items;
14.1.6. Ensure that the Site is safe for all of our employees and contractors to carry out the Services required of us under this Agreement;
14.1.7. If we deliver the Hire Items to the Site, then we are responsible for the Hire Items until they are delivered to you at the Site.
14.2. You acknowledge that we may in providing the Services be dependent upon other contractors preparing the Site for the Hire Items or their installation. We will not be liable for any delay in installing the Hire Items or for providing the Services where such delay is a consequence of any act or omission.
14.3. It is the exclusive responsibility of you to ensure that:
14.3.1. The Site is safe for the installation and use of the Hire Items; and
14.3.2. All required facilities are available and are in place, are safe and in good working order.
15. Subcontracting of Services
15.1. In the unlikely event of severe medical, natural, or other emergencies, occur before the start of the Booking, it may be necessary to retain alternative personnel. We will make every effort to secure replacement or additional personnel able and/or willing to provide similar Goods and Services as chosen in this contract at the cost, otherwise any monies paid shall be refunded.
15.2. Where a Contracted Personnel of us encounters a medical or other emergency during the Booking Period, the full fee shall remain payable. We will ensure that music, through an automatic mix, will continue to play until such time as we are able to obtain another Contracted Personnel to complete the Booking.
15.3. Where we are unable to find Contracted Personnel within a reasonable time frame of between 45 minutes to one and a half (1.5) hours of the pervious Contracted Personnel leaving the venue, a part refund may be negotiated.
15.4. Where we are unable to find an alternative Contracted Personnel at all, a full refund will be issued.
16. Warranty, Liability and Indemnity
16.1. To the extent that the Australian Consumer Law allows, we provide the Goods and Services on an “as is” and “as available” basis and disclaim all representations, warranties and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Goods and Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
16.2. To the fullest extent permitted by law you agree that neither we or our Contracted Personnel will be liable to you or any person for any loss, damage or claim resulting from or arising out of your use (or inability to use) the Goods and Services, or our attendance at the Booking. You engage us entirely at your own risk, and we assume no duty of care to you with respect to the Event or the quality of the Goods and Services you require. This includes any direct, indirect or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms. The aggregate liability to you for any other losses resulting from the use of us and your Event is limited to the aggregate amount paid for the Services at the Booking.
16.3. We agree that while we will provide the Goods and Services to the best of its ability, it accepts no responsibility for unforeseen circumstances (but for Force Majeure Events outlined in Clause 17) that may prevent it from providing the Goods and Services, including but not limited to, equipment failure, power outages, illnesses or inability of its Contracted Personnel to attend and provide the Goods and Services.
16.4. To the fullest extent permitted by law, you agree to indemnify and hold harmless us, and our Contracted Personnel, or any officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of this Agreement or any activity related to your use of the Goods and Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) by you and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
17. Force Majeure
17.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Agreement that is caused by any “Events Beyond Our Control”. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (‘force majeure circumstances’). If an event outside our control takes place that means the performance of our obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you; and our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the “Event Outside Our Control”.
17.2. This clause does not apply in circumstances where the “Event Outside Our Control” still makes the Booking possible, but you cancel the Booking or vary the Booking because the alleged “Event Outside Our Control” causes mere inconvenience or changes the Booking in a manner that does not suit you. In this instance, any fees and charges that are deemed non-refundable remain so and we are only obliged to use its reasonable endeavours to provide an alternative date.
17.3. In force majeure circumstances, we will endeavor to arrange a new date for the Booking with you after the Event Outside Our Control is over however if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee, will be returned to you.
17.4. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, we will credit any amount paid already for a date that can be mutually agreed. Otherwise all money will be returned.
17.5. You are only able to postpone your Booking on one (1) occasion and the new date must be within thirteen (13) months of the original Booking Date. If a date is required beyond this, further fees may apply.
17.6. If you choose to book again and a force majeure circumstance is foreseeable, based on Government guidance, then the booking is done so at your own risk and we are not liable for any loss suffered as a result of the failure of your second booking to proceed.
18. Privacy
By engaging us to provide the Services, you acknowledge that you have read our Privacy Policy, which can be found on our website.
19. Jurisdiction
These Terms and any dispute relating to the same are governed exclusively by the laws of Queensland. Any legal proceedings relating to them can only be taken in courts with jurisdiction in Queensland.
20. Severability and Waiver
20.1. If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of this Contract in accordance with that clause would materially affect or alter the nature or effect of the parties’ obligations under this Agreement.
20.2. Any failure by us to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
21. Amendments and Variations
We reserve the right to revise and update these Terms and Conditions by making any changes immediately without notifying you, except by providing you with the amended Terms and Conditions. We may revise these terms from time to time. The revised terms will take effect when we have provided them to you and your continued usage of us for your Event after any changes to these Terms and Conditions will mean you accept those changes.
22. Execution by Parties
This agreement must be executed by each Authorised Person named (unless the parties are an incorporated entity). In instances where it is signed by one Authorised Person, that Authorised Person acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other Authorised Person. In doing so, they also warrant that the other person has read and understood the Terms prior to providing permission to execute.