PERFORMER STANDARD TERMS AND CONDITIONS
These Standard Terms and Conditions ("Terms") govern all performance services ("the Performance") provided by the Performer (the individual or entity providing the services). By signing any booking form, estimate, invoice, or proposal that references these Terms, the Client (the individual or entity booking the services) agrees to be bound by them in full.
1. PERFORMANCE LICENSE
1.1. The fee quoted by the Performer ("the Performance Fee") purchases a limited, non-exclusive, non-transferable license for a live, in-person Performance.
1.2. This license is strictly for a private, non-commercial event.
1.3. This license terminates immediately upon completion of the Performance.
2. STRICT PROHIBITION ON COMMERCIAL EXPLOITATION
2.1. The license granted in Section 1 EXPRESSLY EXCLUDES AND PROHIBITS any right for the Client to:
(a) Sell tickets, charge admission, or solicit separate payment for access to the Performance from parents or any third party.
(b) Record, broadcast, or publicly transmit the Performance.
(c) Use the Performance or the Performer's name/likeness for promotional or fundraising purposes without prior written consent.
2.2. Any activity in Section 2.1 constitutes a material breach of this agreement and an infringement of the Performer's intellectual property rights.
3. FEE, PAYMENT & CANCELLATION
3.1. A non-refundable deposit of 20% is required to secure the event date. The Performance Fee balance is due in full prior to the Performance, as specified in the booking confirmation.
3.2. Cancellation by the Client may result in forfeiture of the deposit or liability for the full Performance Fee, as specified in the booking confirmation.
4. BOOKING AGENTS AND INTERMEDIARIES
4.1. Any party acting as a booking agent, broker, or intermediary ("Agent") on behalf of the Client or event organizer is bound by these Terms as if they were the Client.
4.2. An Agent may add a commission or service fee to the Performance Fee. Under no circumstances shall such a commission or fee exceed 20% of the total amount paid by the end-client for the Performer's services.
4.3. Should an Agent charge a commission or fee exceeding 20%, it shall be considered a material breach. The Agent shall be solely and fully responsible for:
(a) Providing a full refund of all monies paid by the end-client related to the Performance; and
(b) Covering the full Performance Fee owed to the Performer.
4.4. An Agent is strictly prohibited from selling tickets, admissions, or any form of paid access to the Performance without the Performer's prior written consent. If tickets are sold without consent, and the gross revenue from such sales exceeds the agreed Performance Fee, the Agent shall be solely and fully responsible for:
(a) Providing a full refund to all ticket purchasers; and
(b) Covering the full Performance Fee owed to the Performer.
5. REMEDY FOR UNAUTHORIZED COMMERCIAL EXPLOITATION
THIS SECTION CONTAINS A CRITICAL FINANCIAL TERM. PLEASE REVIEW IT CAREFULLY.
5.1. Any breach of Section 2 (Strict Prohibition on Commercial Exploitation) by the Client or any Agent acting on their behalf constitutes a fundamental breach of this agreement.
5.2. In such event, the party responsible for the unauthorized ticket sales, admissions, or commercial exploitation (the "Responsible Party") shall be solely and fully liable for the following:
(a) Full Customer Refund: Providing a complete refund of all monies paid by any attendee, donor, or third party for access to or in connection with the Performance.
(b) Full Performance Fee: Covering the full Performance Fee owed to the Performer, which shall become immediately due and payable.
5.3. The Performer retains all legal rights to seek additional remedies for breach of contract and copyright infringement.
6. GENERAL
6.1. These Terms, together with the signed booking document, constitute the entire agreement.
6.2. If any provision of these Terms is held invalid, the remainder shall stay in full force.
These Standard Terms and Conditions ("Terms") govern all performance services ("the Performance") provided by the Performer (the individual or entity providing the services). By signing any booking form, estimate, invoice, or proposal that references these Terms, the Client (the individual or entity booking the services) agrees to be bound by them in full.
1. PERFORMANCE LICENSE
1.1. The fee quoted by the Performer ("the Performance Fee") purchases a limited, non-exclusive, non-transferable license for a live, in-person Performance.
1.2. This license is strictly for a private, non-commercial event.
1.3. This license terminates immediately upon completion of the Performance.
2. STRICT PROHIBITION ON COMMERCIAL EXPLOITATION
2.1. The license granted in Section 1 EXPRESSLY EXCLUDES AND PROHIBITS any right for the Client to:
(a) Sell tickets, charge admission, or solicit separate payment for access to the Performance from parents or any third party.
(b) Record, broadcast, or publicly transmit the Performance.
(c) Use the Performance or the Performer's name/likeness for promotional or fundraising purposes without prior written consent.
2.2. Any activity in Section 2.1 constitutes a material breach of this agreement and an infringement of the Performer's intellectual property rights.
3. FEE, PAYMENT & CANCELLATION
3.1. A non-refundable deposit of 20% is required to secure the event date. The Performance Fee balance is due in full prior to the Performance, as specified in the booking confirmation.
3.2. Cancellation by the Client may result in forfeiture of the deposit or liability for the full Performance Fee, as specified in the booking confirmation.
4. BOOKING AGENTS AND INTERMEDIARIES
4.1. Any party acting as a booking agent, broker, or intermediary ("Agent") on behalf of the Client or event organizer is bound by these Terms as if they were the Client.
4.2. An Agent may add a commission or service fee to the Performance Fee. Under no circumstances shall such a commission or fee exceed 20% of the total amount paid by the end-client for the Performer's services.
4.3. Should an Agent charge a commission or fee exceeding 20%, it shall be considered a material breach. The Agent shall be solely and fully responsible for:
(a) Providing a full refund of all monies paid by the end-client related to the Performance; and
(b) Covering the full Performance Fee owed to the Performer.
4.4. An Agent is strictly prohibited from selling tickets, admissions, or any form of paid access to the Performance without the Performer's prior written consent. If tickets are sold without consent, and the gross revenue from such sales exceeds the agreed Performance Fee, the Agent shall be solely and fully responsible for:
(a) Providing a full refund to all ticket purchasers; and
(b) Covering the full Performance Fee owed to the Performer.
5. REMEDY FOR UNAUTHORIZED COMMERCIAL EXPLOITATION
THIS SECTION CONTAINS A CRITICAL FINANCIAL TERM. PLEASE REVIEW IT CAREFULLY.
5.1. Any breach of Section 2 (Strict Prohibition on Commercial Exploitation) by the Client or any Agent acting on their behalf constitutes a fundamental breach of this agreement.
5.2. In such event, the party responsible for the unauthorized ticket sales, admissions, or commercial exploitation (the "Responsible Party") shall be solely and fully liable for the following:
(a) Full Customer Refund: Providing a complete refund of all monies paid by any attendee, donor, or third party for access to or in connection with the Performance.
(b) Full Performance Fee: Covering the full Performance Fee owed to the Performer, which shall become immediately due and payable.
5.3. The Performer retains all legal rights to seek additional remedies for breach of contract and copyright infringement.
6. GENERAL
6.1. These Terms, together with the signed booking document, constitute the entire agreement.
6.2. If any provision of these Terms is held invalid, the remainder shall stay in full force.
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Julian is a magician in Sydney helping you make the most of your special events. He has performed many hundreds of magic shows over the last 11 years. Call him on 0437896344 or email [email protected]
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