Terms and Conditions
TERMS AND CONDITIONS OF BOOKING
We, us or our is a reference to Karen Schuback trading as Funky Frog Discos ABN 47 846 529 184 and its substitutes, successors and permitted assigns.
Additional charges includes any event changes, overtime, equipment damage, parking fees.
Customer, you or your is a reference to the person to whom we are providing our services and who is required to pay for the services we provide.
Event means your booking from the time we commence setting up, until all equipment is removed from the venue and stored in our vehicles.
Parties is a reference to both us and you; and
Services means the entertainment and DJ services we will provide as stated in the Booking Agreement and as agreed between the Parties from time to time.
2 Entering into a legally binding contract
2.1 A contract between you and us will come into being when:
2.1.1 a $100 booking fee has been paid and you have received a written booking confirmation.
2.2 We suggest that before you pay the booking fee that you read through these Terms and Conditions. If you have any questions concerning them please ask us.
2.3 You agree to be bound by these Terms and Conditions.
2.4 Any changes to this Agreement must be in writing. We may amend these Terms and Conditions from time to time at our discretion. Any changes made will not affect the Agreement entered into by you before the changes are made.
3 Services, price and payment
3.1 Once the Parties have entered into a legally binding contract we will provide the services to you on the date provided in the Booking Agreement Form or as agreed between us.
3.2 Our aim is to always provide you with the services:
3.2.1 using reasonable care and skill; and
3.2.2 in compliance with Queensland’s laws and regulations in force at the time we carry out the services.
3.3 The price for services supplied will be as indicated as the Total Fee in the Booking Agreement Form.
3.4 We may amend the quoted Total Fee to take into account correction of errors or any omission made by us or to account for any GST or government or statutory charges, taxes and duties which may become applicable after the Total Fee was provided.
3.5 If the work you ultimately require us to do varies from the work for which a Booking Agreement has been given, we may amend the quoted Total Fee to take into account the change of your requirements. We will also be entitled to make a reasonable additional charge.
3.6 On the day of services being provided, should you request that we continue to provide our services past the time previously agreed upon, you are required to pay us $50.00 per hour or part thereof. This payment must be provided by cash and is payable prior to the start of the additional hour(s).
3.7 Verbal quotations are subject to a written confirmation on this Booking Agreement.
3.8 At our sole discretion, you will be required to pay a Booking Fee when you require our services.
3.9 The Total Fee must be paid 14 days prior to our services being provided and payment must be provided by direct deposit or Paypal. Alternative arrangements may be made if rested within reasonable time before the provision of our services.
3.10 You may be provided with an account after our services are provided. This account may include:
3.10.1 additional charges for entertainment, theme, audiovisual and labour charges;
3.10.2 parking, should we be required to pay for parking close to your venue; and
3.10.3 overnight accommodation for us at a caravan park, cabin or motel, if your venue is more than 100km from the Brisbane CBD.
3.11 If you arrange with us or instruct us that our charges are to be paid by a third party, and if that party does not make payment by 14 days prior to our services being provided, you agree to thereupon pay the charges.
3.12 If you do not make payment 14 days prior to our services being provided, you may be charged interest on any outstanding amounts, calculated at the time payment is due. You may be charged all enforcement costs (including any commission payable to and mercantile agents and legal costs and disbursements on a solicitor own client basis) incurred in connection with a breach of these Terms and Conditions by you.
3.13 All payments including the Booking Fee are non-refundable, except in circumstances where we do not provide our services as detailed in 5.4 and 5.5 below.
3.14 In the event of cancellation of services within 14 days of event date, the Total Fee invoiced is payable.
4 Your obligations and warranties
4.1 You warrant that any information which you have provided to us and on which we have reasonably relied in assessing any quotation or estimate of the resources necessary to carry out the work is accurate.
4.2 You must ensure that your venue is safe and practical. We use equipment including lighting stands, truss systems and speaker stands. You must ensure that your venue is able to accommodate the equipment in a safe manner.
4.3 You must ensure that your venue has a non-vibrating surface for our equipment. This surface is required at the start of the event setup time. If the setup is required outdoors, adequate cover and protection must be provided by you. The area must be dry, free of dust and debris.
4.4 You must provide a weatherproof area for the disco area. The DJ reserves the right, in good faith, to stop or cancel the performance should the weather pose a potential risk to Funky Frog Discos staff, the equipment, or audience. Every effort will be made to continue the performance, however, safety, as well as potential damage to equipment, is paramount in all decisions.
4.5 You must ensure that your venue has safe access to a reliable power supply.
4.6 Where a generator is provided by you, the generator must meet the following requirements:
4.6.1 be diesel fuelled;
4.6.2 minimum size of 10KVA; and
4.6.3 be no more than 25 meters away from the setup location.
4.7 You are solely responsible for:
4.7.1 any loss to our equipment due to power supply issues;
4.7.2 unauthorised damage, interference or removal of any of our equipment from any venue at your event, during the event; and
4.7.3 any loss to equipment hired from a third party for use at your event.
4.8 You are responsible for monitoring the behaviour of your guests and patrons at the venue. You warrant that we will not be abused by you or your guests, whether expressed or implied.
4.9 You warrant that no audio or video recording will be made of any presentation performed by us unless otherwise agreed in writing between the Parties prior to the event.
4.10 No later than 7 days prior to your event, you must provide us with an event timeline and/or music request list. Your music request list should include a Do Not Play List, detailing selections you do not want played at your event.
4.11 You consent to us to use video and still images taken during your event for promotional purposes. If you do not consent, you must advise us in writing 7 days prior to the event.
5 Our obligations and warranties
5.1 If agreed between the Parties we will source:
5.1.1 an independent power supply for use at your event; and
5.1.2 equipment suitable for outdoor use.
5.2 In the event of power failure during your event or inadequate power supply so that the power supply cannot be maintained, we will attempt to resolve any issues within our abilities.
5.3 We will attend your venue early to provide adequate time to set up. If we are unable to set up due to circumstances beyond our control (for example, venue not yet available) we may not be able to start providing our services at the previously agreed time.
5.4 If we are unable to provide our services at short notice due to illness or injury, we shall provide a substitute DJ/Entertainer. If we are unable to do so, we will refund your payment in full.
5.5 If we fall ill or are injured during your event, we will endeavour to have a substitute DJ/Entertainer attend to provide you our services. We will activate an automix while this is occurring. If we are unable to source a substitute DJ/Entertainer, we will refund part of your fee at our discretion.
5.6 We will attempt to play requests made by you and your guests throughout your event, if such selections are available to us at the time. We may include additional selections other than those set out in your music request list, with the purpose of increasing dance participation of your guests.
6 Limitation of liability
6.1 We will not be liable for any loss or damage which results from any cause beyond our control, including any loss or damage occurring in the course of the provision of any goods or services provided by third Parties engaged by us on your behalf.
6.2 We will not be liable for any loss suffered by you as a result of the suitability of us and our services to your needs.
6.3 Should you fail to notify us of any noise limiter or equivalent technology installed at your venue, we will not be liable for any impact that sound limiting will have on your event.
6.4 We will not be liable for any loss or damage which results from relocation of the sound system during an event, causing an interruption to music.
7 Dispute resolution
7.1 If either party considers that a dispute has arisen in relation to the services (either during the services, or after they have been completed), written notice of the dispute will be given to the other party. Even if that notice is given, the Parties must continue to perform any obligations outstanding under the Agreement.
7.2 The Parties must first attempt to resolve the dispute between them. If the dispute cannot be resolved one of the Parties must refer the dispute for mediation to the Small Business Commissioner. If the dispute cannot be resolved the matter must be referred to QCAT to determine the dispute.
8 Law and jurisdiction
8.1 This Agreement takes effect, is governed by, and shall be construed in accordance with the laws from time to time in force in Queensland, Australia. The Parties submit to the non-exclusive jurisdiction of the courts of Queensland.