SERVICE TERMS
These Service Terms ("Agreement") are entered into between ANDREW CLARIDGE (ABN 90 897 826 451), hereinafter referred to as “We,” “Us,” or “Our,” and the person, firm, organisation, partnership, corporation, trust, or other entity engaging Our services, hereinafter referred to as “You” or “Client.”
By accepting Our quote, invoice, or email correspondence (whether signed or not), or by engaging Our services, You agree to the following terms and conditions. These documents collectively form the full Service Agreement between Us and You. Any terms contained in Your purchase order or documentation will not override this Agreement.
1. Definitions
1.1 “We/Us/Our” refers to Andrew Claridge (ABN 90 897 826 451).
1.2 “You/Your/The Client” refers to the individual or entity hiring Us to provide services.
1.3 “Service Period” refers to the specific dates/hours during which We are contracted to perform services.
2. Fees
2.1 Please contact Us directly for Our current rate card, which outlines day rates (10-hour basis), overtime hourly rates, travel surcharges, and any applicable premiums.
2.2 Should any portion of the original service period be cancelled by You, any discounts previously applied may be revoked and Our standard rates will apply retroactively. An amended invoice will reflect this. This also applies to custom-agreed rates below standard.
3. Payment Terms
3.1 You agree that 100% of Our quoted fee is payable in full upfront within 7 calendar days of receiving the invoice, unless otherwise agreed to in writing.
3.2 For services involving travel (domestic or international), payment must be received and cleared prior to Our departure. Failure to make payment on time may result in Our non-attendance, for which We accept no liability.
3.3 Payments may be made via EFT. Only upon receipt of full payment are Your dates considered confirmed.
3.4 Any additional fees incurred outside the scope of the initial quote (e.g. extra hours, days, or approved expenses) will be invoiced and must be paid within 7 days of invoice issue.
3.5 Fees are non-transferable and non-creditable to future bookings, unless agreed in writing.
3.6 Until payment is received, Your booking remains unsecured and subject to availability for other clients.
4. Deposit & Refunds
4.1 Upon accepting Our quote, You will be invoiced the full fee, of which 50% is a non-refundable deposit. The remaining 50% may be refundable based on cancellation timelines as outlined in Section 5.
4.2 In the event of a date change by You, the deposit remains non-refundable and cannot be transferred to future jobs. We will make reasonable efforts to accommodate new dates, but availability is not guaranteed.
5. Cancellation Policy
5.1 Any cancellation by You forfeits the 50% non-refundable deposit.
5.2 If cancellation occurs within 14 days of the first scheduled service date, 75% of the total fee becomes non-refundable. If partial or no payment has been made, the balance up to 75% must be paid.
5.3 If cancellation occurs within 7 days, or during the service period, 100% of the fee is non-refundable. Outstanding balances must be paid in full.
5.4 If expenses (e.g. flights, hotels) have been incurred, these will be deducted from any refundable amount. If You haven’t yet paid, You agree to cover all such costs in full.
5.5 Any remaining balance after cancellation is due within 5 days of written notice of cancellation.
5.6 We reserve the right to cancel Our services at any time. If cancellation occurs prior to commencement, a full refund will be issued within 5 business days. If services have begun, only the unused portion will be refunded.
6. Travel & Accommodation (Domestic and International)
6.1 You agree to cover all reasonable travel-related expenses, including:
- Return flights
- Ground transport
- Minimum 4-star hotel accommodation (private room, non-shared and in close proximity to the place of work.)
6.2 Airfare requirements:
- Domestic: Premium Economy or Economy X on the aisle; Economy bookings must include extra legroom or exit row with aisle seat.
- International: Business Class return fares only, booked with a reputable airline such as Qantas, Etihad, Emirates, Air New Zealand, Qatar, ANA, Singapore Airlines or Cathay Pacific.
- 1x checked bag allowance required for all flights.
6.3 Per diem allowance:
- $165 AUD/day per person for domestic travel
- $185 AUD/day per person for international travel
These must be paid upon invoice, unless alternative arrangements are agreed to in writing.
6.4 All required travel/work visas must be arranged by You. Any additional costs, delays, or legal fees arising from incorrect visa arrangements are Your responsibility.
7. Intellectual Property
7.1 Any creative materials or intellectual property developed by Us remain the property of Andrew Claridge unless explicitly transferred in writing.
7.2 This includes, but is not limited to, creative concepts, décor, staging and technical design, and choreography.
7.3 You may not use any of Our intellectual property until all outstanding fees are paid in full.
8. Force Majeure
8.1 We may terminate or suspend services without liability due to a Force Majeure event.
8.2 Force Majeure includes but is not limited to: natural disasters, acts of war or terrorism, civil unrest, epidemic or pandemic, government restrictions, power or internet outages, air travel disruptions, or other uncontrollable events.
9. Limitation of Liability
10.1 To the maximum extent permitted by law, We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, reputation, or opportunity, arising out of or in connection with the performance or non-performance of Our services, whether in contract, tort (including negligence), or otherwise, even if We have been advised of the possibility of such damages.
10.2 Our total aggregate liability to You for any claim, loss, or damage arising out of or in connection with this Agreement (whether in contract, tort, or otherwise) shall not exceed the total fees paid by You to Us under this Agreement.
10.3 You agree to indemnify and hold Us harmless from and against all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or in connection with:
- Any breach by You of this Agreement,
- Any act or omission by You during the service period,
- Any failure to provide accurate information, access, or conditions necessary for Us to perform Our duties.
10.4 Nothing in this clause excludes liability for death or personal injury caused by gross negligence or willful misconduct, or any other liability which cannot be lawfully excluded.
10. Independent Contractor Status
11.1 You acknowledge and agree that We are engaged as an independent contractor. Nothing in this Agreement shall be construed as creating an employment relationship, partnership, joint venture, or agency between You and Us.
11.2 We shall be solely responsible for the payment of Our own taxes, superannuation, insurance, and any other statutory or contractual obligations arising from the provision of Our services.
11.3 You shall not have, nor shall You represent that You have, any authority to bind Us in any way, nor shall We be required to act on Your behalf beyond the scope of services agreed upon in writing.
11. Confidentiality
12.1 Both parties agree to treat as strictly confidential any information disclosed by the other party that is marked as confidential or would reasonably be considered confidential by its nature. This includes, but is not limited to, business strategies, pricing, client details, production plans, scripts, run sheets, creative concepts, or any other proprietary material.
12.2 Confidential information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law or for the purpose of performing the services under this Agreement.
12.3 This obligation of confidentiality will remain in effect during the service period and for a period of two (2) years following the conclusion of services.
12. Insurance
13.1 We confirm that We hold appropriate public liability and professional indemnity insurance relevant to the nature of Our services. Certificates of currency can be provided upon request.
13.2 It is Your responsibility to ensure that the venue, event, and Your own operations carry suitable insurance, including but not limited to public liability, event cancellation, and property coverage.
13.3 We accept no responsibility for any injury, loss, damage, or delay caused by Your failure to obtain or maintain adequate insurance coverage for Your event.
13. Dispute Resolution
14.1 In the event of any dispute arising out of or in connection with this Agreement, both parties agree to make reasonable efforts to resolve the matter in good faith through direct negotiation.
14.2 If the dispute cannot be resolved within 14 days of written notice from one party to the other, the matter shall be referred to mediation in accordance with the rules of the Australian Disputes Centre (ADC), before either party may initiate formal legal proceedings.
14.3 Each party shall bear its own costs associated with the mediation process unless otherwise agreed.
14. Governing Law
9.1 This Agreement shall be governed by and construed in accordance with the laws of Queensland, and where applicable, New South Wales, Victoria, Western Australia, Northern Territory, Tasmania, and the Commonwealth of Australia. You agree to submit to the exclusive jurisdiction of these courts for any disputes arising from this Agreement.