SIFA EVENTS CLIENT BOOKING AGREEMENT
1. SIFA Events Operators
SIFA Events is owned and operated by SIFA Events Pty Ltd (ABN 37 169 659 330) of 122 Cremorne St, Cremorne VIC 3121 (SIFA Events). SIFA Events operates a booking agency and represents various DJs (DJs). Members of the public can make bookings for DJs on its website located at www.sifaevents.com.au (Website).
These terms and conditions (Agreement) apply to all persons (Clients) who book DJs via the Website. By booking a DJ to perform at an event (an Event) via the Website (a Booking), Clients accept and agree to be legally bound by this Agreement. Clients will be referred to as you and Client throughout this Agreement.
SIFA Events reserves the rights to vary the Agreement at any time by providing written notice to Clients.
4. Booking Details
SIFA Events will provide written confirmation of the details of all Bookings via email, text or otherwise in writing (Booking Confirmation). The Booking Confirmation will set out all relevant matters such as DJ’s genre, performance dates and times, performance fees, event details, age details of people attending the event, whether the event is indoor or outdoor, lighting and effects requirements, sound equipment requirements and other special requirements (Booking Details).
5. Choice of DJ & Future Bookings
SIFA Events will use reasonable endeavours to provide the Client with its preferred DJ from the SIFA Event’s roster to perform at the Event. The Client agrees that if their preferred DJ is not available, SIFA Events is entitled in its discretion to provide another suitable DJ to perform at the Event.
The Client agrees that it shall not be permitted to directly contact any DJ provided by SIFA Entertainment to make a booking for a future event. The Client acknowledges that SIFA Events is the exclusive booking SIFA Events of all DJS and the Client agrees that it must contact SIFA Events for all future bookings of all DJs.
6. Changes to Bookings
If you wish to make changes to your Booking Details after receipt of the Booking Confirmation, you must contact SIFA Events. You agree that SIFA Events may not always be able to accommodate changes to Booking Details and reserves the right to cancel a Booking where the Booking Details change.
Where SIFA Events provides equipment for any Event (Equipment), the Client agrees to take all necessary steps to protect the Equipment and keep it secure. In the event a Client or any person attending the Event damages any Equipment, the Client may be held liable for repair or replacement costs.
8. Booking Costs
You will be required to pay the associated costs for each Booking (including DJ fees, equipment costs and other expenses relating to the Booking), as set out in the relevant Booking Confirmation (Booking Costs). You may be asked to pay a deposit. SIFA Events will provide you with an invoice for all Booking Costs.
The Client must pay all money by electronic funds transfer into the SIFA Events' nominated bank account as set out on the relevant invoice.
9. Payment Terms
You agree that ‘time is of the essence’ when making payments under this Agreement.
You further agree that you shall be liable for all costs (on a full indemnity basis) incurred by SIFA Events or the DJ, where SIFA Events or the DJ is required to engage a lawyer or other representative of SIFA Events to recover from you for any outstanding monies owing pursuant to this Agreement.
10. Client Obligations
In relation to all Bookings and Events, the Client agrees to do the following:
- Comply with all terms set out in the Booking Confirmation regarding the DJ performing at the Event including without limitation providing complimentary tickets, performance credits, arranging and/or paying for travel and accommodation requirements of the DJ, providing hospitality riders and meals and other requirements.
- Provide the DJ with an opportunity to undertake a ‘Sound Check’ at the Venue (if required by the DJ);
- Provide the DJ with the assistance of a sound technician (or suitably skilled person) during the DJ’s performance and during the Sound Check;
- Seek the SIFA Events' prior consent before taking photographs of the DJ at the Event or making a video or sound recording of the DJ’s performance at the Event;
- Obtain the necessary permits and licensing (including APRA and PPCA licences) for the Event;
- Hold valid and sufficient public indemnity insurance for the Event;
- Provide dressing rooms if requested by the DJ.
- Provide proper and first-rate security for the Event to ensure the safety of the DJ, the DJ’s personnel, the DJ’s equipment, and personal belongings prior to, during and after the DJ’s performance.
11. Promotion of Event
SIFA Events grants the Client the right to use the name and professional name, approved photographs and other approved materials of the DJ to promote the Event.
12. Client Cancellation
If the Client cancels a Booking after receipt of the Booking Confirmation, the following cancellation fees apply:
- Cancellation within 7 days of Event:
50% of the Booking Costs.
- Cancellation within 3 days of Event:
100% of the Booking Costs.
The Client agrees to pay all Cancellation Fees within 7 days of receipt of the invoice from SIFA Events for those fees.
13. DJ Standards
SIFA Events expects their DJs performance to be of the highest professional standard. A Client should direct any concern regarding the performance of a DJ at any Event to firstname.lastname@example.org
14. Client Indemnity
The Client hereby indemnifies SIFA Events from and against all actions, suits, claims, demands, losses, liabilities, damages, costs and expenses (including without limitation legal expenses on a full indemnity basis) which may be made or brought against or suffered or incurred by SIFA Events as a result of a breach by the Client of this Agreement.
15. Client Breach
SIFA Events may by providing written notice to the Client and with immediate effect, terminate this Agreement and cancel the Booking for an Event if the Client:
- Breaches a term of this Agreement and fails to rectify the breach to the SIFA Events' satisfaction within 48 hours of receiving written notice from the SIFA Events;
- Commits a material breach of this Agreement that cannot be remedied (including failing to pay any monies due under this Agreement by the stipulated due date);
- Being a natural person becomes bankrupt or being a company, where any step is taken for the winding up, dissolution or administration of the Client.
If SIFA Events terminates this Agreement under clause 15, the Client agrees the following fees are payable:
- Termination within 7 days of Event:
50% of the Booking Costs.
- Termination within 3 days of Event:
75% of the Booking Costs.
The Client agrees to pay all Termination Fees within 7 days of receipt of an invoice from SIFA Events for those fees.
16. Privacy & Confidential Information
Clients are required to keep all Confidential Information belonging to SIFA Events and its DJs confidential. Clients may disclose Confidential Information to personal and business advisors and otherwise where required by law.
17. Intellectual Property
All intellectual property created and used by SIFA Events in connection with the Booking including without limitation the SIFA Events trade mark, logos, online booking system, handouts, designs, confidential information and copyrights (SIFA Events IP) is the exclusive property of SIFA Events (or the relevant DJ) and may only be used by Clients with the permission of SIFA Events.
With the exception of Consumer Guarantees, we exclude any term, condition or warranty that may otherwise be implied into this Agreement. Consumer Guarantees shall mean any right or guarantee you may have under the Australian Consumer Law or other rights in relation to the supply of goods or services (such as terms implied into a contract) that cannot lawfully be excluded.
The laws of Victoria, Australia govern this Agreement and any disputes relating to this Agreement must be heard by the courts of Victoria, Australia.