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Terms & Conditions

Thank you for choosing Spinning Disc Group (ABN 69 639 852 761)(hereafter ‘our’, ‘we’, ‘us’) for your event (hereafter ‘the Event’) on a particular day (‘the Booking’).

This is an Agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use our Services as described in this Agreement and supplied by us (‘the Terms’).

These Terms are important because they set out the rights and obligations of you as our Client, when making a Booking for the date specified on our invoice (‘the Booking Date’). Please read the Terms carefully before making your Booking with us, or before receiving any of our Services.

Your Booking is confirmed once you have accepted these Terms. However, if you do not execute these Terms (but you pay the Deposit outlined in Clause 3), 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 professional entertainment services that are outlined in your invoice (hereafter ‘Services’).
    • 1.2 Our Services include up to two (2) Zoom meetings with you to discuss plans for your Event. During these meetings, we will prepare an entertainment runsheet which both provides you with a list of information we require, and provides our entertainers with the information they need to perform.
  2. Expression of Interest
    • 2.1 You acknowledge that until a Deposit is paid (in accordance with Clause 3), your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date.
    • 2.2 An expression of interest means that a proposed Booking Date is “held” for a period of 24 hours from the date of the formal expression of interest. After that period of 24 hours we cannot guarantee that the proposed Booking Date will be available.
  3. Deposit
    • 3.1 You must pay a Deposit of 25% in order for your Booking Date to be confirmed (‘the Deposit’).
    • 3.2 By paying the Deposit, you acknowledge and accept that the Deposit is not refundable. The purpose of the Deposit is for, but is not limited to, securing our Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration and ongoing client management.
    • 3.3 You understand that through booking the date, you accept that we will suffer loss by declining other work for that date, from the date that you agree to these Terms.
    • 3.4 The Deposit is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms).
  4. Payments
    • 4.1 You agree to make payment of the Price for our Services. This amount will be provided in an invoice and may include any other further charges incurred in accordance with the Terms.
    • 4.2 You are required to pay for the Services as follows:
      • 4.2.1 The Deposit as outlined in Clause 3; and
      • 4.2.2 The remainder of the Price (being ‘the Final Payment’) due four (4) weeks before your Booking Date.
    • 4.3 All payments will be made using either EFT or credit card as chosen by you.
      • 4.3.1 Our credit card provider, Stripe, only allows payment in full. Deposits must be paid by EFT.
    • 4.4 Transaction Fees:
      • 4.4.1  EFT does not incur additional fees at our end.
      • 4.4.2 Credit card transactions will incur additional fees as set by Stripe. These fees are payable by you in addition to the Price.
    • 4.5 If any payment is not made when due, you shall pay all costs that we incur to collect or attempt to collect the debt arising from a breach of these Terms. The term “all costs” includes but is not limited to all debt collector fees, legal fees, court filing charges and any other expenses of whatever nature incurred by us in collecting or attempting to recover all or part of the debt.
    • 4.6 If, and to the extent, any supply of the Services 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 Services will be increased to include GST payable by us in respect of the supply. All rebates, discounts or other reductions in price will be calculated on the GST exclusive price.
  5. Cancellation or Postponement of Booking
    • 5.1 You may cancel this agreement at any time, by notifying us in writing.
    • 5.2 Where you wish to cancel, the following applies:
Notice Given Cancellation Schedule
Prior to four (4) weeks Deposit forfeited
Less than four (4) weeks 100% of total Package Price is forfeited/due

 

  • 5.3 We will use our best endeavours to meet your requests for a postponement of date however it must be a date that is mutually agreeable. In the event of a postponement, the following will apply:
Notice Given Postponement Schedule
Prior to four (4) weeks Deposit will be forfeited
Less than four (4) weeks No postponement allowed.

 

  • 5.4 Notwithstanding the above, you are only able to postpone your Booking on one (1) occasion and the new date must be within twenty-four (24) months of the original Booking Date.
  • 5.5 You must have an inclement weather plan which allows for an indoor option. Refunds will not be given in the event that inclement weather (such as rain, wind or temperature changes) impacts your Event, unless such weather event is so severe that it falls within the definition of a force majeure event in Clause 16. In those instances, the remedy in Clause 16 will apply.
  1. Intellectual Property
    • 6.1 You hereby assign and grant us the irrevocable and unrestricted right to (i) use and publish photographs/footage 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.
    • 6.2 Any photographs, videos or sound recordings taken by you and any guests at the Event must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes must be approved by us in writing.
    • 6.3 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 the property of us 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 terms and conditions that relate to the use of content and material on our Website.
    • 6.4 All creative work and Services provided by us must be credited accordingly. All publications (media, print, blog, social media) must credit us as the supplier for the Services within your Booking.
    • 6.5 If we are provided photos from you for our use, you warrant that you have obtained the necessary permissions from the owner of those photographs to be used by us for commercial purposes.
  2. Model Release and Event Footage
    • 7.1 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 or videography at the Event. You hereby release us and assigns from all claims and liability relating to said photography, videography, or footage.
    • 7.2 You acknowledge and agree that we may take photographs, videography, and other recordings (including footage captured on mobile phones, 360-degree cameras or similar devices) for purposes including, but not limited to:

– security and documentation of the Event;

– internal review in case of any safety issues; and

– promotional, marketing, or social media purposes

    • 7.3 It is agreed that we may display and use such photographs, videography, or footage for advertising, display, website and internet promotion, social media, and other reasonable business purposes related to our Services.

 

  1. Cooperation

The parties agree to positive cooperation and communication for the best possible result within the definition of this Agreement. We are not responsible for key individuals’ failure to be present or to cooperate during the Event.

  1. House Rules

We are limited by the rules, regulations and guidelines of the ceremony official or venue management, if applicable. You agree to accept the technical results of their imposition on us. Negotiation with the officials for moderation of guidelines is your responsibility.

 

  1. Exclusivity
    • 10.1 It is understood that we will act as the sole and exclusive Band/DJ/MC/Musician on the Booking Date.
    • 10.2 It is your responsibility to ensure that guests are not interfering with us or the delivery of our Services.
  2. Hours of Coverage
    • 11.1 Hours of coverage are continuous. We will take small breaks as necessary throughout this period.
    • 11.2 Additional hours of coverage may be charged at an hourly rate, which varies depending on the performer or service provided. The applicable hourly rate will be communicated to you at the time of booking and confirmed in your invoice. We will notify you on the day/night of the Event when our Service is ending. We will only stay on for additional hours at our absolute discretion and when given approval by you. In this case, an additional invoice will be issued to you.
    • 11.3 Where additional hours are approved, you agree that payment for these hours must be made either on the night of the Event prior to performance of the additional hours, or within seven (7) days of the additional invoice being issued. We reserve the right to decline to continue Services until such payment is arranged.
  3. Meals
    • 12.1 You shall provide a meal for us, and any employees or contractors working a 4 hour shift or longer. It is your responsibility to advise us of any significant events during mealtime before they take place.
    • 12.2 If no meal is to be provided, we reserve the right to depart the Event in search of a meal for a temporary period of no more than sixty (60) minutes every four (4) hours. Failure to provide the Services while a meal being sought is not our responsibility.
  4. Safety
    • 13.1 You shall agree, while working with us, you and any of your guests will not undertake any illegal or dangerous activities that threaten our safety and well-being.
    • 13.2 We reserve the right to refuse to operate equipment in locations or environments which may result in personal injury or damage to equipment.
    • 13.3 Unless legislation provides otherwise, it is your responsibility to ensure you, and your other vendors, are following government health laws, directions and regulations, including those restrictions relating to gatherings and social distancing.
    • 13.4 If these government health laws, directions and regulations are not strictly adhered to and we feel the personal safety of our employees and contractors are at risk, we reserve the right to exit the Event and our duties and you will not seek any compensation and you will forfeit any fees paid.

13A. Outdoor Rain Cover 

Performers cannot perform in the rain as it risks damage to equipment and may result in the inability to perform both at the time and for the remainder of the Event. It is your responsibility to provide suitable cover and contingency arrangements for outdoor events.

13B. Power Requirements 

Our entertainers require direct access to a safe and fully operational power outlet for wedding receptions and functions. It is the venue’s responsibility to ensure this is in full working order and available throughout the Event. We are not responsible for any disruption to services caused by a lack of power or faulty equipment.

13C. Music Requests 

As a general guide, for dancefloor time you may provide a list of your favourite songs (approximately five songs per hour of dancefloor time) and/or a general summary of your preferred genres or eras. Our entertainers are experienced at reading the crowd and will use their professional judgment to merge your requests with the tastes of your guests. While we will use best endeavours to accommodate requests, we make no guarantee that specific songs will be played.

For bookings including an acoustic artist, formalities song choices are handled separately. Our acoustic artists maintain a song list, which will be discussed at your first Zoom meeting and emailed to you immediately afterward. You may choose any song from this list for your formalities. Your acoustic artist is also happy to learn up to two new songs for your formalities, provided these are confirmed with us no later than sixty (60) days prior to your Booking Date.

13D. Sound Restrictions and Decibel Limits 

It is your responsibility to confirm with the venue whether there are any sound restrictions, including decibel limits. This information must be provided to us at the time of booking. We are not responsible for any impact such restrictions may have on the atmosphere or dancefloor energy.  We are not responsible for the enforcement of venue restrictions imposed on the night of the Event.

13E. Alcohol and Guest Behaviour 

You are responsible for the behaviour of your guests. If any guest is aggressive, intoxicated, interferes with our equipment, or otherwise threatens the safety or enjoyment of the Event, we reserve the right to take reasonable action, including pausing or ceasing performance. In such circumstances, no refunds will be given and any outstanding fees remain payable.

13F. Equipment Custody and Control

All equipment brought to the Event by Spinning Disc Group, including but not limited to DJ and audio equipment, lighting, effects equipment, photo booth equipment and any other tools of service, remains under the sole custody, control and operation of Spinning Disc Group and its contractors at all times throughout the Event. The client does not take possession of, operate or have unsupervised access to any such equipment at any point before, during or after the Event.

The only exception is a handheld microphone, which may be passed to the client or their guests for the purpose of speeches or other planned formalities. In this circumstance, the client accepts responsibility for the safe handling and prompt return of the microphone.

13G. Equipment Damage or Theft

You are responsible for the cost of repair or replacement of any equipment (including but not limited to DJ and audio equipment, lighting, effects equipment, and photo booth equipment) that is damaged, lost, or stolen due to the actions of you or your guests during the Event. This includes damage arising from spillage of drinks or other substances, unauthorised handling of equipment, or any other act or omission by you or your guests. We reserve the right to invoice you separately for the full cost of repair or replacement, and payment is due within seven (7) days of the invoice being issued.

  1. Subcontracting of Services
    • 14.1 In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to assist you to secure a replacement. If a suitable replacement is not found, responsibility and liability is limited to the return of all payments received for the Booking.
    • 14.2 We reserve the right to substitute any performer with another entertainer of equal experience and ability in the event that the originally booked performer becomes unavailable due to illness, emergency, or other unforeseen circumstances. We will use best endeavours to notify you of any substitution as soon as reasonably practicable.
  2. Warranty, Liability, and Indemnity
    • 15.1 To the extent that the Australian Consumer Law allows, we provide the 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 Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
    • 15.2 Subject to clause 15.1 above, we accept no responsibility and are not liable for any direct or indirect, special loss or damage or injury to any person, corporation or other entity in connection with this Agreement or the Services, howsoever caused save for the event we have contributed to such loss or damage or injury.
    • 15.3 We will not be liable to you or any other person for any liability or claim of any kind whatsoever arising directly or indirectly (whether under statute, contract, tort, negligence or otherwise) in relation to any indirect or consequential loss (including but not limited to any loss of actual or anticipated profits, revenue, savings, production, business, opportunity, access to markets, goodwill, reputation, publicity, or use) or any other remote, abnormal or unforeseeable loss or any similar loss whether or not in the reasonable contemplation of the parties.
    • 15.4 To the maximum extent permitted by law, you will indemnify us against any liability arising from or in connection with:

15.4.1. Any act or omission by you;

15.4.2. Any breach of these terms; and

15.4.3. Any third party claim against us;

arising from or in conjunction with this Agreement, but this indemnity will be reduced proportionately to the extent the liability was caused by our negligence.

  1. Force Majeure
    • 16.1 We will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event 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 (known as ‘force majeure circumstances’).
    • 16.2 If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Agreement becomes impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance.
    • 16.3 In genuine force majeure circumstances, we will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. We must use all reasonable endeavours to mutually agree on a new date, but if we are unable to agree on an alternative date, the Booking will be considered cancelled under the terms outlined in Clause 5.
    • 16.4 This clause does not apply in circumstances where an event outside of our control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or financial hardship). If events beyond our control occur (such as restrictions to numbers of guests, or density requirements) but it is entirely possible for us to provide a substantial part the Services, any choice to cancel your event is done so at your own initiative and the usual cancellation clauses in these Terms apply.
    • 16.5 If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, our postponement and cancellation policies apply.
  2. Entire Agreement
    • 17.1 The terms and conditions contained in this Agreement constitute the entire agreement between us with respect to the Services and shall not be amended, except where mutually agreed in writing.

 

 

  1. Disputes
    • 18.1 Both parties agree that any disputes arising from provision of the Services shall be negotiated with a view to settlement prior to either party issuing legal proceedings.
  2. Termination
    • 19.1 We may immediately terminate, or suspend the performance of this Agreement and you must immediately pay any money owed to us if:
      • we experience harmful or threatening behaviour;
      • you fail to provide instructions or cooperate with requests for information;
      • you breach a term of this Agreement and you do not remedy the breach within fourteen (14) days;
      • any invoice rendered by us remains outstanding;
      • you breach a term of this agreement which is not capable of remedy;

 

    • 19.2 You may immediately terminate, or suspend the performance of, any agreement in the event of substantial breach by us of my obligations hereunder, where any such breach has not been remedied within 30 days of written notice from you requiring the breach to be remedied.
  1. Governing Law and Jurisdiction
    • 20.1 Any Agreement between us is governed by the laws of the state of Victoria. The parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria and any courts which may hear appeals from those courts in respect of any proceedings in connection with any Agreement.
  2. Severability
    • 21.1 If any of these terms are invalid or unenforceable in any jurisdiction, that term must be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining terms or affecting the validity or enforceability of that term in any other jurisdiction.
  3. Miscellaneous
    • 22.1 If any provision of this Agreement is unenforceable, the provision will be severed, and the remaining provisions will continue to apply.
    • 22.2 We may assign any rights or benefits under this Agreement to any third party.
    • 22.3 You may only assign any rights or benefits under this Agreement with our prior written consent.
    • 22.4 This Agreement incorporates the entire understanding of the parties. Any waiver of a breach or default hereunder shall not be deemed a waiver of a subsequent breach or default of either the same provision or any other provision of this Agreement.
    • 22.5 We may update or amend these Terms from time to time. The version of the Terms that applies to your Booking is the version in force at the time your Deposit is paid. Any updates made after that date will not apply to your Booking unless agreed in writing.
  4. Agreement and Acceptance
    • 23.1 By making any payment (Deposit or otherwise), you confirm that you have read and agree to these Terms. This electronic acceptance constitutes execution of this Agreement and is binding on both parties.
    • 23.2 If this Agreement is signed on behalf of multiple parties (for example, where one partner signs for both), the signing party acknowledges and warrants that they have the authorisation to execute the Agreement on behalf of the other party and that both parties have read and understood the Terms prior to providing permission to execute.
  5. Execution by Corporate Body or Business
    • 24.1 Where our Services are booked by a corporate body or business, you warrant that the authorised officer of the entity has the authority to make binding decisions on behalf of the entity.

 

Policy Updates

These Terms & Conditions may change from time to time and is available on our website.

Terms & Conditions Complaints and Enquiries

If you have any queries or complaints about our Terms & Conditions please contact us at:

Dan Miatt

Managing Director

info@spinningdisc.com.au

0412846504

 

Spinning Disc is Melbourne's trusted wedding entertainment agency.