By paying your deposit, you are agreeing to the following terms and conditions
(CA = Catherine Alexander)
Fee and Deposit
(i) Fee and Deposit is payable by cash, bank cheque, money order, or electronic transfer. Preferred payment is by electronic transfer. You must notify CA when any payments have been made.
(ii)You must pay a deposit of fifty percent of the Fee of which will be acknowledged by your Tax Invoice from CA. The Deposit is not refundable other than due to breach of this Agreement by CA. This Agreement is not binding until You have paid the Deposit.
(iii)The balance of the Fee is payable no later than one week prior to the date of the supply of the Entertainment Services set out in your tax invoice. This payment is not refundable other than due to breach of this Agreement by CA or entertainers working for her.
(iv)In the event that You fail to make payment of the portion of the Fee due, CA shall at its election be entitled to either terminate this Agreement forthwith or charge interest on the amount payable at the rate of twelve percent (12%) compound interest calculable daily until the date of payment in full.
2. Late Performance Fees
CA shall not be obliged to provide the Entertainment Services beyond the time set out in the Tax Invoice, but should the Entertainment Services be provided beyond the time for conclusion You shall be further invoiced and charged to pay an hourly fee to CA (Overtime Fee: $200 (Solo), $400 (Duo) per hour or part thereof)which shall be payable upon receipt of invoice from CA.
3. Cancellation Fee
This agreement may only be terminated by the written agreement of both parties. Should You seek to cancel the provision of the Entertainment Services You shall not be refunded any payment/s already made.
4. Entertainment Services
CA shall supply the Entertainment Services described in your Tax Invoice. Where the Entertainment Services specify a particular Artist or Artists CA shall make best endeavours to provide that Artist or Artists but in the event that such Artist of Artists are unavailable for any reason CA shall supply a similar style of performance replacement Artist or Artists so far as reasonably available. Where CA fails to find any replacement Entertainment Services CA shall refund the deposit and any interim payment of the Fee entirely to You. The full extent of all liability of CA whatsoever under this Agreement shall not be in excess of the amount the Fee that has been paid by You to CA.
(i)You shall be responsible for all venue rights of access, use, costs and expenses including water, electricity, or other services as well as all public performance license fees and you shall ensure that there is reasonable and adequate protection of all CA and artists, equipment and instruments.
(ii)In the event that in the absolute discretion of CA or the Artist there is a threatening unsafe situation placing the Artist or any of CA’s servants, contractors agents or employees at risk or in danger then the Entertainment Services may be postponed. In the event that the situation is not resolved to the satisfaction of the Artist or SE after a suspension of 30 minutes then the Entertainment Services may be cancelled by CA without any refund of the Fee.
(iii)Catherine Alexander has Public Liability Insurance that covers her entirely for any damage caused to property or person at her negligence. CA disclaims any liability for any loss or damage other than due to its own negligence.
(iv)All artists working for CA also have private Public Insurance policies, and are covered to a similar effect.
CA Public Liability Insurance details
Insurer: Duck for Cover – ACE Insurance Ltd by SLE Worldwide Australia Pty Ltd,
Public Liability Policy Number: 673060
Limit of Liability: $20,000,000
Any recording of the Entertainment Services shall not be used for anything other than personal viewing, without the prior written consent of CA.
(i)Neither party shall be liable for any delay or failure to perform its obligations pursuant to this agreement if such delay is due to an event beyond the control of the either party (including, without limitation, any failure or delay caused by any: act of God or public enemy, natural disasters, fire, flood, strike, industrial action, riots, incendiaries, interference by civil or military authorities, act of terrorism, compliance with the laws of Australia or with the orders or policies of any governmental authority, delays in transit or delivery or communication facility), (“Force Majeure”)
(ii)If a delay or failure to perform a party’s obligations is due to Force Majeure event, either party may immediately terminate the agreement on providing notice to the other party.
(iii)If this agreement is terminated pursuant to clause 7(ii), CA shall refund moneys previously paid by You pursuant to this agreement for Entertainment Services which have not been provided.
You warrant that the Entertainment Services can be provided at the venue without prohibition by any council notice, ordinance or restriction and that you have capacity to enter into this Agreement and comply with the terms hereof and will and do hereby indemnify CA for all loss or damage including legal costs arising out of breach by you of this warranty.
(i)Neither party may assign or vary this agreement without the prior written consent of the other.
(ii)No waiver of any term or condition shall be binding unless it is in writing and agreed to by both parties.
(iii)You acknowledge that this agreement comprises the entirety of the terms of agreement with CA and that you have not relied upon or been induced by any representation or statement of CA to enter into this agreement.
(iv)The Law governing this Agreement shall be the laws of New South Wales and the parties agree to submit to the jurisdiction of the Courts of New South Wales.
(v)CA is an independent contractor and nothing in this agreement shall be deemed to create any employment or agency agreement.
(vi)CA is to provide only that which is specified in the Tax Invoice and ‘price inclusions’. Additional costs may be incurred in situations that lie outside of these specifications. Please see inclusion notes for more information.