Terms and Conditions for ALL ICONIC PRODUCTIONS FILM, MOVIE, VIDEO PRODUCTIONS, ENTERTAINMENT, LIVE EVENTS, THEATER SHOWS, CASTING, CREW, EVENT MANAGEMENT, CHAUFFEUR, LOGISTICS & SECURITY AND ICONIC PERFORMANCES SERVICES.

ICONIC PRODUCTIONS Pty Limited (ABN 58 141 824 599) and all Iconic film, movie, video productions, entertainment, live events, theater shows, casting, crew, event management, chauffeur, logistics & security, and Iconic Performances online booking forms and submissions are processed by Iconic Productions ("PRODUCTION COMPANY").

As the customer and internet browser (you) we recommend that you read these Terms and Conditions carefully before using the Site or making a purchase/booking or signing our delivery booking submission form. By using ICONIC PRODUCTIONS online Site/Forms or by making a booking with ICONIC PRODUCTIONS by any means including but not limited to electronic bookings, online bookings, over the telephone, by facsimile or mail orders, you are agreeing to be bound by the following terms and conditions. If you choose not to be bound by the terms and conditions prior to make a booking/purchase, ICONIC PRODUCTIONS does not grant you the right to use the Site and you must cease using this Site and any other means in making a booking/purchase or signing a contract of engagement.

VARIATION
The PRODUCTION COMPANY may vary these Terms and Conditions at any time. Any variations become effective on posting. By accepting these terms and conditions and Contract of Engagement after the terms and conditions have been varied, you agree to be bound by the variation.
Last updated November 26, 2022.

Iconic Productions Booking Terms and Conditions are current as of:

In this Agreement, unless the context clearly indicates otherwise, the following words have the following meaning:

  1. DEFINITIONS
    1. Agreement means this document including the Schedules.
    2. PRODUCTION COMPANY and/or "we" and/or "us" and/or "our" used herein or on any correspondence, document, invoice, digital means, electronic email or web-page owned, operated, or managed by the PRODUCTION COMPANY refers to ICONIC PRODUCTIONS as associated with the event.
    3. EVENT means any event, video production, film or movie production, entertainment, live events, theater shows, casting, crew, event management, chauffeur, logistics & security service and/or activity and/or Product, presentations, lectures and/or demonstrations at any private or public location or venue including but not restricted to, theatres, shopping centers, and other venues; which has been booked and/or purchased by the CUSTOMER to be performed on a date as scheduled by the PRODUCTION COMPANY.
    4. YOU and/or YOUR and/or YOURSELF and/or CUSTOMER and/or CLIENT used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY means and refers to the customer (the client), adult, parent and/or guardian, the Principal Owner, Company Director, Company Secretary and/or associates of the CUSTOMER including but not limited to the CUSTOMER's staff, sub-contractors participants or other affiliations or associates. 
    5. Approved Expenses means any and all of the Approved Purchase and Approved Expenses.
    6. Approved Props means Props that have been pre-approved by the PRODUCTION COMPANY for usage in relation to a Production and/or Booked Event.
    7. Approved Purchase means expenses pre-approved by the PRODUCTION COMPANY pursuant to related clauses.
    8. Approved Travel Expenses means accommodation and travel expenses pre-approved by the PRODUCTION COMPANY pursuant to the related clauses.
    9. Associates means directors, officers, employees, servants, partners, agents, and related bodies corporate of the party specified.
    10. Booked Event or Booked Show means any Event and/or Production, Video Production, Film, Theater, Stage Show, Show, Performance, Play, Festival, Event and/or Product which has been booked and/or purchased by the CUSTOMER to be performed on a date as scheduled by the PRODUCTION COMPANY.
    11. Business means the business of the CUSTOMER.
    12. Business Name means the registered name of the CUSTOMER as registered with the appropriate government body within the jurisdiction.
    13. CANCELLATION and/or REFUND used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY means the same and refers to a cancellation or refund request of a booked, or purchased, or order event made by you.
    14. Claim means any claim, notice, demand, action, proceeding, litigation, investigation, audit, judgment, damage, loss, cost, expense, or liability however arising and whether present, unascertained, immediate, future or contingent and whether based in contract, tort or statute and whether involving a third party or a party to this Agreement.
    15. Confidential Information means information of or pertaining to the PRODUCTION COMPANY and/or the CUSTOMER and includes, but is not limited to, matters not generally known outside the PRODUCTION COMPANY, such as developments relating to existing and future products and services marketed or used or to be marketed or used, or rejected, by the PRODUCTION COMPANY and persons or companies dealing with the PRODUCTION COMPANY and also information relating to the general business operations with the PRODUCTION COMPANY including:
      1. customer/licensee/distributor lists (of actual and proposed customer/licensee/distributors);
      2. cost and selling price information;
      3. trade secrets, know-how, and specifications in respect of the PRODUCTION COMPANY'S products;
      4. business and marketing plans;
      5. third party information disclosed to the PRODUCTION COMPANY in confidence,
        and EXCLUDES:
        1. the information which is in the public domain other than due to a breach of an obligation of confidence under this Agreement; or
        2. the information which the CUSTOMER is required by law to disclose.
    16. CPI Index Number means the Consumer Price Index (All Groups) within the jurisdiction of the governing law of the country that governs the CUSTOMER's events, published from time to time by the related Bureau of Statistics, or in the occurence that there is a suspension or discontinuance of such Index, the Index or number which most closely reflects the cost of living in the jurisdiction.
    17. Demand means a written notice of, or demand for, an amount payable, or for any other action.
    18. Event Call Sheet or Event Management Job Sheet, or Event Call Job Sheet means a document of that name and style in the format issued by the PRODUCTION COMPANY from time to time (where applicable), to each CUSTOMER involved in the EVENT.
    19. Force Majeure means an act, omission, or circumstance over which the CUSTOMER could not reasonably have exercised control.
    20. Indemnity means the obligations of the CUSTOMER under the related clauses in this agreement.
    21. Inventions have the meaning specified in the related clause herein.
    22. Jurisdiction means the area within the authority of the governing law of the state and country of the PRODUCTION COMPANY's OFFICE.
    23. KMS or kms is an acronym used by PRODUCTION COMPANY and means K(kilo or thousand) M(media) S(stories) exposed during the coverage period.
    24. Loss means any loss, cost, damage, expense, or liability including (but not limited to) pure economic loss and any form of any special, indirect, consequential, or punitive loss or damage including but not restricted to: loss of revenue, loss of profits or loss of business or loss of business opportunities, third-party loss, loss of data, loss of anticipated savings, and any increased operating cost.
    25. Moral Right means:
      1. a right of attribution of authorship; or
      2. a right not to have authorship falsely attributed; or
      3. a right of integrity of authorship; or
      4. a right of a similar nature;
        which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this agreement.
    26. Participant means any living human being that is defined as an infant, toddler, preschooler, child, adolescent, young adult, adult, elder that has any age between 6 weeks and 120 years old regardless of gender.
    27. Party means and refers to you and the PRODUCTION COMPANY. 
    28. Plays mean the scripts, treatment, and any written compilation of an EVENT authored, or partly authored by the PRODUCTION COMPANY.
    29. Product, Product Listing, Listing means the CUSTOMER's business, a product they are selling, business idea, or business venture.
    30. Production means any Event based on any one of the Plays.
    31. Props means any item, material, equipment, or theatrical props used by the PRODUCTION COMPANY.
    32. Premises means the address as specified in the Event Call Sheet or Event.
    33. Services means the services to be provided by the PRODUCTION COMPANY herein, as where specified, and anything reasonably ancillary to such services except as prohibited by the provisions of this Agreement (express or implied).
    34. Show means any Production, Video Production, Film, Theater, Stage Show, Show, Performance, Play, Festival, Event and/or Product, presentations, lectures and/or demonstrations and/or Product at any private or public locations or venues including but not restricted to, theatres, shopping centers, and other venues; which has been booked and/or purchased by the CUSTOMER to be performed on a date as scheduled by the COMPANY.
    35. Staff means any or all of the persons engaged by the PRODUCTION COMPANY in connection with the EVENT.
    36. Tax Invoice, Invoice means an official invoice in the form containing the information required under jurisdiction for payment of a product or service.
    37. Taxable Supply means anything supplied, provided, or performed for the purposes of this Agreement that is taxable under the Tax Law of the jurisdiction.
    38. Works means:
      1. The Show and/or Events;
      2. Any treatment/show/production of any of the Shows and/or Events;
      3. Any treatment/show/production of the subject matter of any of the Shows and/or Events; and
      4. Any advertising, logo marks, promotion, or brochure in connection with the subject matter pursuant to the EVENT, excluding the Business Name.
    39. Workers means any staff, employees, crew, actors, contractors or authorised representatives or associates of the PRODUCTION COMPANY.

  2. Interpretation
    In this Agreement, unless the context clearly indicates otherwise:
    1. reference to the recitals, a clause, Schedule or Annexure is a reference to the recitals, a clause, Schedule or Annexure to or of this Agreement;
    2. the recitals, Schedules (if any), and Annexures (if any) form part of this Agreement;
    3. clause headings are inserted for convenience only and must not be used when interpreting this Agreement;
    4. a reference to a person includes a natural person, corporation, statutory corporation, partnership, the Crown or any other organisation or legal entity;
    5. a reference to a natural person includes their personal representatives, successors, and permitted assignees;
    6. a reference to a corporation includes its successors and permitted assignees;
    7. a reference to a right or obligation of a party is a reference to a right or obligation of that party under this Agreement;
    8. an obligation or warranty on the part of two or more persons binds them jointly and severally and an obligation or warranty in favour of two or more persons benefits them jointly and severally;
    9. a reference to a breach of warranty includes that warranty not being complete, true, or accurate;
    10. a requirement to do anything includes a requirement to cause that thing to be done and a requirement not to do anything includes a requirement to prevent that thing from being done;
    11. the words "including" and "includes" are not words of limitation;
    12. the words "at any time" mean at any time and from time to time;
    13. a reference to a time is to that time in the jurisdiction;
    14. a word that is derived from a defined word has a corresponding meaning;
    15. monetary amounts are expressed in dollars of the jurisdiction of the PRODUCTION COMPANY being the lawful currency of the jurisdiction;
    16. the singular includes the plural and vice versa;
    17. words importing one gender include all other genders;
    18. a reference to one or more things includes each part and all parts of that thing or group of things;
    19. a reference to legislation or a legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under that legislation or legislative provision;
    20. a reference to a body or authority which ceases to exist is a reference to either a body or authority that the parties agree to substitute for the named body or authority or, failing Agreement, to a body or authority having substantially the same objects as the named body or authority; and
    21. neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
1. GENERAL TERMS and CONDITIONS

There is always an element of risk inherent in participating in an EVENT, handling authentic or created materials, props and equipment. PRODUCTION COMPANY workers take every precaution to ensure the safety of all authorised participants, including that of the CUSTOMER and the PRODUCTION COMPANY workers. It is important for all participants, including the CUSTOMER, to understand that if an item is used improperly, and/or without the PRODUCTION COMPANY workers' supervision, certain equipment and materials can be dangerous.

PRODUCTION COMPANY strives at all times to provide, safe events and activities for all authorised participants. In an effort to fulfill this commitment, we ask that all participants who are authorised to attend by permission from the PRODUCTION COMPANY, CUSTOMER, volunteering (upon approval), and/or participating in the PRODUCTION COMPANY event follow the guidelines established and explained during the beginning of each event by an authorised worker of the PRODUCTION COMPANY. If deemed that a participant is behaving and/or speaking in an unsafe manner, PRODUCTION COMPANY may ask that the participant in question be removed from the PRODUCTION COMPANY event, and in such a case, no refund will be awarded. You agree and understand that it is a requirement that all participants that are affiliated and authorised by you cooperate with the PRODUCTION COMPANY workers in the event.

By booking the event you certify, agree, and accept that the participants attending the event are physically able to participate in the PRODUCTION COMPANY event. PRODUCTION COMPANY assumes no responsibility for injuries or losses caused by situations or inappropriate behaviour beyond our control. In an emergency/medical situation where you cannot be contacted, you give permission for PRODUCTION COMPANY workers to seek medical attention if required, at your expense. Furthermore, you give permission for those participants that you have permitted to attend and/or to participate in PRODUCTION COMPANY events. You also agree and understand that if any participant that you have permitted to attend or participate in fails to abide by the policies and guidelines as outlined by PRODUCTION COMPANY workers this may result in the cancellation of the event and/or removal of the participant in question, with NO refund offered. It is the responsibility of the CUSTOMER to ensure that they have read and understood all the Terms and Conditions for the event as displayed, mentioned, posted, and/or provided herein or in related correspondence.

Event Bookings and packages are sold by PRODUCTION COMPANY for the relevant event package selected and purchased. ALL CLAIMS ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER AND TO THE EXTENT PERMITTED BY LAW.

All purchases, booking, or orders for any product managed, produced, or owned by the PRODUCTION COMPANY including events booked and/or purchased and/or ordered are non-refundable and are done so on a no-returns or no-cancellation basis.  Absences, no-shows, or cancellations will be required to be paid for in full. Subject to refund requests made in accordance with the CONSUMER LAW of the PRODUCTION COMPANY's jurisdiction we will consider a refund request on the following grounds;

  1. The PRODUCTION COMPANY will only offer a refund or exchange if the product is cancelled, rescheduled, or significantly relocated by PRODUCTION COMPANY (and you cannot or do not wish to attend the rescheduled or relocated product), or to the extent otherwise required by law. You must apply for a refund within a reasonable time. The PRODUCTION COMPANY does not offer refunds or exchanges as a result of a change in your personal circumstances or change of mind. 
  2. If a product is cancelled, rescheduled, or significantly relocated by the PRODUCTION COMPANY, all liability is limited to the amount for which the product was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law, neither the PRODUCTION COMPANY nor its associates will be liable for any other losses incurred by you as a result of the cancellation, rescheduling, or relocation of an event, including any travel and accommodation expenses.
  3. The PRODUCTION COMPANY will only replace lost, stolen, damaged, or destroyed products if the authenticity of the Event can be verified, including proof of purchase, and if you give reasonable notice before the event. The PRODUCTION COMPANY may charge a reasonable fee for the replacement of the product.
  4. You should carefully consider the refund and cancellation policies of travel, accommodation, and other goods or service providers when making arrangements for attendance at an EVENT. You may also wish to consider taking out a relevant insurance policy to cover any losses in the event of cancellation, rescheduling, or relocation.

Each purchase is also sold subject to any additional terms and conditions where the PRODUCTION COMPANY manages or produces another business product for the CUSTOMER for the particular event (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the purchase information on the PRODUCTION COMPANY’s correspondence and at associated agents and outlets at the time of purchase. The Seller’s Terms would also be available from the PRODUCTION COMPANY on request.

The following terms and conditions are both of sale (including any resale or subsequent assignment) and conditions of participating at the event as well these Terms and Conditions apply to both the original purchaser (“you”) and any subsequent participants.

GENERAL TERMS and CONDITIONS specific to ALL CUSTOMERS and PRODUCTS/EVENTS BOOKED with PRODUCTION COMPANY:–

  1. All prices stated, displayed, written, spoken, or quoted by an authorised worker of the PRODUCTION COMPANY are provided/given exclusive of GST, VAT, or any related sales tax required by law based on the jurisdiction of the PRODUCTION COMPANY.
  2. All related company taxes will apply to all goods and services supplied by the PRODUCTION COMPANY and during any method of booking an event. Prices mentioned, written, or quoted by a PRODUCTION COMPANY worker exclude all government and/or sales tax where applicable. Prices are quoted normally in AUD, USD, or EURO currency or where applicable in the country of the event's local currency and supersedes all prices previously displayed.  All prices are valid subject to Government, fuel surcharges and currency, inflation, or CPI fluctuations. Where concessions are applicable, suitable and valid identification must be provided for collection of the confirmation invoice or to attend the event.
  3. Where you have made the purchase, booking, order, or contract of engagement on behalf of another person, business, or company, you are responsible for the purchase, booking, or order and for any amounts owing and balances to be paid.
  4. When booking an event with PRODUCTION COMPANY, you agree and are bound by the terms and conditions of PRODUCTION COMPANY.
  5. Prices charged at the time of the event booking stand only for the items listed on the sales order and/or  invoice that was originally booked.  Additional bookings, extra events, props, equipment, workers, or sales for the same event after the original event booking will be an extra charge and may be at a higher rate due to seasonal or event demand.
  6. Purchasing Additional Items/Accessories/Packages for Event: To purchase additional services, events, props, equipment, workers, or sales for a booked event contact our events team approximately 14 days before the scheduled event date.  Additional purchases purchased 14 or more days before the event date will be offered at the same price as stated on the original booking (excluding any bulk group discounts). Where additional items/accessories/packages are purchased within 1-14 days before the event date, the price (excluding group and/or voucher/coupon discounts) will be charged at an increase of 30% to cover the additional costs of urgency to stock/load/add extra props/technical equipment for a larger event purchase. 
  7. All PRODUCTS/EVENTS booked by the customer are required to be paid in full upon issue of the Invoice. An authorised worker of the PRODUCTION COMPANY is allowed to offer a deposit payment option or an approved special payment arrangment.
    1. If a deposit option has been offered to you, than you agree to pay a 50% non-refundable deposit of the total cost of the event at the time of the issued invoice followed by the remainder 50% payment, on the recorded and stated final day of the payment as agreed to.  Where additional purchases are made, booked, or ordered, after the original invoice has been issued, the additional purchases must be paid in full at the time of the additional invoice being issued as shown by the DUE DATE displayed on that specific invoice. The customer agrees to pay the total amount of the booked event/s on or before the due date as displayed on the invoice issued.
    2. DEPOSITS (applies only on events where a deposit is required/approved by an authorised worker of the PRODUCTION COMPANY): Where a deposit is required for an event booked, the customer agrees to pay PRODUCTION COMPANY the deposit amount as shown on the Invoice issued, by the due date as shown on the Invoice, to secure the event. Where an event booked requires a deposit and the deposit amount is not received for the booked event, by the due date the booking/event purchased may be void, cancelled and a cancellation fee, equal to the total amount of the event booked and/or purchased will be required to be paid. Failure to pay the cancellation charges will result in the account being forwarded to a collections agency for payment. Where a collections agency or legal representation is acquired to obtain debt collection, all costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the CUSTOMER in full, including all administration and late fees incurred.
    3. If an approved specific payment arrangment has been made by PRODUCTION COMPANY senior worker you agree to make the required payments as agreed and by the dates specificed. The payment arrangement as recorded and displayed on the Invoice, Receipt or Statement by the PRODUCTION COMPANY senior worker will be legally binding and payment will be required as per the payment arrangement due dates.
  8. Where an Invoice has been issued the customer agrees to pay PRODUCTION COMPANY the total cost of the event purchase/booking, by EFT, direct credit bank transfer, or by credit card, as displayed on the Invoice, by the due date as shown on the invoice. Failure to pay the balance of the Invoice will result in administration fees, late fees, possible cancellation of the event, and/or cancellation charges. Where you are unable to provide payment by the due date, PRODUCTION COMPANY needs to be advised at least 5 business days before the due date.
  9. The customer agrees to pay the total amount of the event, less deposit (if applicable or received), or the balance of the event to PRODUCTION COMPANY on or before the due date as displayed on the Invoice. The product must be paid in full as per the due date on the Inovice. Failure to pay the final balance or the total amount owing by the DUE DATE, will incur administration and late fees.
  10. You understand and agree that for the security and safety of PRODUCTION COMPANY workers, PRODUCTION COMPANY does not allow the workers to receive or carry payment and/or monies. Therefore payments for the booked/ordered/purchased EVENT must be made only as per clause 8.
  11. No refund or exchange on any event will be issued except as required by law and as otherwise specified by PRODUCTION COMPANY. If a refund is made, PRODUCTION COMPANY may, to the extent permitted by law, retain any fee it has charged.
  12. The right is reserved to add, withdraw, reschedule or substitute workers, and/or vary events, prices, venues, scheduling arrangements, and participant capacity.
  13. The right is reserved to charge a fee for the replacement of confirmation invoices or event call sheets.
  14. The right of admission is reserved and is subject to PRODUCTION COMPANY and the venue's terms of admission, copies of which are available from PRODUCTION COMPANY on request. Where the customer has booked a location or venue externally from PRODUCTION COMPANY, the venue's terms of admission are the responsibility of the customer, and PRODUCTION COMPANY continues to reserve the right of admission. Late arrival may result in non-admittance until a suitable break in the event.
  15. Cameras, audio, and video recorders may not be permitted in the event by the customer or participants that are or may be affiliated or associated with the customer. The customer is required to ask the PRODUCTION COMPANY's worker, or event team, for permission for the customer or one or more of a customer's participants to use their own personal camera, audio, or video recorder at an event.
  16. The PRODUCTION COMPANY reserves the right to broadcast, use or telecast any event. The PRODUCTION COMPANY reserves the right to use any and all photos, images, or video recordings taken by the PRODUCTION COMPANY's workers for commercial use in advertisements, promotions, videos, emails, brochures, or publications.
  17. The PRODUCTION COMPANY will own all rights to and of the event and production, including the play, unless YOU and the PRODUCTION COMPANY have agreed in writing of a change of ownership of the rights of the EVENT or PLAY.
  18. You, the customer, irrevocably offer, consent, authorise and grant an exclusive license and permission to the PRODUCTION COMPANY, and its affiliations, which includes its successors and assign them the right to having the event being filmed, photographed, recorded, simulcast or broadcast (‘ARTWORK”) from a stated location, venue or place during the course of the event being performed which is owned, operated or managed by the PRODUCTION COMPANY and/or the CUSTOMER; the right to create/draft/design/use/edit the ARTWORK into video, video clips, sketches, illustrations, paintings, images, photographs, cgi, vfx, sfx and other related work for the purpose of advertisement, programming, filming digital video and/or TVC, and/or other visual reproductions (“PROMOTIONAL MATERIAL”) which may include other artwork and material; the right to use and to license others (where applicable) to use the ARTWORK and the PROMOTIONAL MATERIAL in all media throughout Australia and the world including for the purposes of recordings, publicity, advertising, sales, and promotion of the EVENTS (“PERMITTED PURPOSE”).  In addition, you irrevocably release and waive your right now and hereafter to request or receive royalties, payments, compensation, or other financial gain from the PRODUCTION COMPANY based on the use of the ARTWORK, and/or the PROMOTIONAL MATERIAL for its PERMITTED PURPOSE.  Furthermore, you indemnify the PRODUCTION COMPANY from any monetary compensations, reimbursements, and payments for use of the ARTWORK and PROMOTIONAL MATERIAL for its PERMITTED PURPOSE. The CUSTOMER acknowledges and agrees that all ARTWORK cannot be used by the customer or any participants for commercial financial gain and/or exploitation of the event and/or the Live Performance Recordings or re-recording by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited. You acknowledge that the use of the ARTWORK for your purposes must state and publicly display the PRODUCTION COMPANY's registered business name and/or logo and Copyright protection liability of the PRODUCTION COMPANY unless you have purchased an exclusive license from the PRODUCTION COMPANY.
  19. It may be a condition of entry to an event that a search of a participant and/or their possessions will be required at the time of the entry to the event. In the situation that this action is required the workers of PRODUCTION COMPANY will advise the customer present at the event that action may need to be taken.
  20. You agree to have an area allocated for the production workers, in particular, the crew and/or actors to set up and rest, (also known as a green room). PRODUCTION COMPANY staff understand that the location and/or venue may change prior to or on the event date however, PRODUCTION COMPANY reserves the right to decide on the best location of the event if the location or venue changes. Electricity (including accessible powerpoints) and functional utilities and bathroom facilities must be accessible from the location selected for all workers of the PRODUCTION COMPANY.
  21. Entry may be refused to participants if payment is not received prior to the scheduled event.
  22. Entry may be refused if event call sheets and/or confirmation invoices are damaged or defaced in any way or are not purchased from PRODUCTION COMPANY authorised points of sale.
  23. Cancellation of an event will occur if full payment is not received by the due date shown on the event call sheet or confirmation invoice. In the event that cancellation has occurred - no refund will be given.
  24. EVENTS ARE NON-REFUNDABLE and all cancellations will incur a cancellation charge of the balance or total amount owing for the event that you agree to pay, once the cancellation notification is sent to PRODUCTION COMPANY. PRODUCTION COMPANY reserves the right to amend the cancellation fees. Cancellation of an event after transferring or altering the original event date will incur a cancellation fee equal to the total amount of the event as shown on the original event Tax Invoice.
  25. Transferring events to another date or change of the original event date is permitted within 30 days from the event date, as long as the new date is available and serviceable by the workers of the PRODUCTION COMPANY and the date change occurs in the same year as the original booking.  Where the date change is not available or the request to transfer the event date is made within 1-30 days from the event date, and/or the customer requests to cancel the event, cancellation fees and administration fees will apply.
  26. The confirmation invoice may not, without the prior written consent of PRODUCTION COMPANY, be resold or offered for resale or at a premium (including via online auction sites) or used for advertising, promotion, or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If the confirmation invoice relating to an event is sold or used in breach of this condition, the event may be cancelled without a refund and the bearer of the confirmed invoice may be refused admission.
  27. Confirmation invoices will automatically be delivered via email, upon successful completion of the purchase of the scheduled event. Where applicable event call sheets will be delivered within 7 days after successful completion and payment of the purchase of the scheduled event.
  28. PRODUCTION COMPANY only offers credit or credit accounts to account holders who have purchased more than 10 events in a 12 month period and have a good standing with the PRODUCTION COMPANY, subject to an approved credit account check and submission.
  29. Overdue Accounts and all overdue invoices that are unpaid by the due date, as displayed on the Invoice and/or statement, will incur a late fee calculated by the current GIC (general interest charge) rate as stipulated by the jurisdiction of the PRODUCTION COMPANY of the balance due, per week late, from the due date, until full payment including all administration and late fees are paid.  In the event that overdue accounts or invoices remain unpaid and/or are disputed, PRODUCTION COMPANY reserves the right to acquire the services of a Debt Collection Agency or Legal Representation to obtain the Overdue Amount, including any and/or all administration and late fees applied.  Where a collections agency or legal representation is acquired to obtain debt collection, all costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the customer in full, including all administration and late fees incurred.
  30. Absences, non-attendance, or participants of the customer less than the total quantity required for the event, will be required to be paid for by you. PRODUCTION COMPANY will not be responsible or liable for absences, non-attendance, or numbers less than the total quantity stated for the event.
  31. If an event has been double booked or cannot be serviced by PRODUCTION COMPANY due to unavailable workers, a refund, less any administration charges will be given to the customer upon confirmation of the error or no-show status.
  32. You agree that it is your responsibility to ensure that a copy of the Invoice is given to your Accounts Payable Team or the person in charge of paying invoices and/or bills to ensure that no delay occurs in receiving the total amount due by the due date.
  33. You must allow adequate time for the collection or delivery of the confirmation invoice. The confirmation tax invoice for the paid booked event will be delivered either via email, post, or by fax from our PRODUCTION COMPANY Office.
  34. PRODUCTION COMPANY reserves the right to charge additional travelling fees dependent on the distance of the location of the venue for the event from the PRODUCTION COMPANY office. The travelling fees may apply and vary depending on the location of the event. Where this is required, PRODUCTION COMPANY will obtain written or recorded approval from the customer. If the customer does not approve the additional travelling fee, PRODUCTION COMPANY will find suitable and financially feasible alternatives for the benefit of the PRODUCTION COMPANY for the best outcome of the event for the customer.
  35. Additional information may be found on the confirmation invoice that you agree to abide by.
  36. Discounts received/offered are applicable to new bookings ONLY and cannot be applied to current or existing bookings.  No discount could be combined or used in conjunction with any other discount or offer available or on any event booked prior to the discount being offered.
  37. Communication on SLACK, SLACK Accounts and your Access to Iconic Productions SLACK Platform and Server (where applicable and approved by the PRODUCTION COMPANY). Where applicable and/or required you may be provided with access on the PRODUCTION COMPANY's SLACK Platform. If you are provided with access to and/or on the PRODUCTION COMPANY's SLACK Platform you must always
    1. Maintain a high standard of appropriate and professional conduct in communication with all persons you have permission to communicate with.
    2. You must always comply with the PRODUCTION COMPANY's communication policy.
    3. You must alway comply with SLACK's Collaborate with kindness: Consider these etiquette tips in Slack policy, click on link to read more.
    4. You must always comply with SLACK's Code of Conduct communication policy.
    5. You must always adhere to the procedures of SLACK's Reporting Workspace Conduct.
      1. If you are found to have breached or been in breach of the PRODUCTION COMPANY's communication policy or SLACK's communication policies and conduct, your access to SLACK will be terminated immediately and your event may be cancelled without a refund to you.
  38. You will at all times indemnify, and keep indemnified, the PRODUCTION COMPANY, its workers, us and our directors, officers, employees, and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
  39. All reviews are subject to our Review and Feedback Policy. Reviews of events, shows and the PRODUCTION COMPANY or the companies/partners we manage are only to be written by customers associated with an event booking/purchase that have had a customer service experience that they want to share with other customers, PRODUCTION COMPANY, the entertainment community, and the general public.
  40. These terms and conditions are governed by, takes effect, and will be construed in accordance with the laws of the jurisdiction of the PRODUCTION COMPANY and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction, State and courts entitled to hear appeals therefrom.
  41. You agree and accept any dispute arising pursuant to the terms of this Agreement shall be determined in accordance with the laws of the jurisdiction of the PRODUCTION COMPANY, the State, Country and the Courts of the permitted jurisdiction shall be deemed to be the Courts of appropriate jurisdiction for the resolution of all issues arising pursuant to the terms hereof.
2. EVENT AND CUSTOMER PRODUCT
  1. EVENT AND CUSTOMER PRODUCT LISTING:
    1. In order to deliver the services the CUSTOMER requires and has requested and for the purposes set out in this clause, the PRODUCTION COMPANY may disclose your personal information to organisations outside the PRODUCTION COMPANY. Your personal information is disclosed to these organisations only in relation to the PRODUCTION COMPANY and related companies providing services to you. These organisations may carry out: customer inquiries; mailing systems; billing and debt-recovery functions; information technology services; marketing, telemarketing, and sales services; market research; and website usage analysis. The PRODUCTION COMPANY takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In addition, we may disclose your personal information to: authorised representatives or legal advisers (when requested to do so); credit-reporting and fraud-checking agencies; credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision, and financing); our related companies; our professional advisers, including our accountants, auditors, and lawyers; government and regulatory authorities and other organisations, as required or authorised by law; organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (eg securitization); and other telecommunication and information service providers (eg if you obtain services from other providers, we may need to disclose your information for billing purposes).
    2. The PRODUCTION COMPANY operates a group of subsidiary companies and may share your personal information with the Related Companies to assist them with their business development and to market their own products and services to you. The Related Companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about the Related Companies, their areas of business, and their commitment to privacy, please contact us.
    3. The PRODUCTION COMPANY reserves the right to place and vary (as necessary) any product listing or advertising item on any electronic media, in particular, the PRODUCTION COMPANY online booking system, powered by the PRODUCTION COMPANY. The PRODUCTION COMPANY also reserves the right to refuse any product listing or advertisement considered unsuitable or inappropriate for the PRODUCTION COMPANY use, character or format. While care has been taken in compiling the relevant displays and correspondence, the PRODUCTION COMPANY, our associates, and our contractors make no representations about the accuracy or suitability of the information or links provided on any correspondence. The PRODUCTION COMPANY accepts products and advertisements in good faith on the basis of warranties provided by you, each member, product provider, entertainer, the PRODUCTION COMPANY, or advertiser. No representation is made or warranty given as to the qualifications or completeness of the event or product listing. Listing of a CUSTOMER's product under a particular heading, and qualifications claimed by the CUSTOMER, do not necessarily indicate that the CUSTOMER is legally entitled or professionally qualified to carry on a particular trade, business, or profession. The information is provided ‘as is’, without express or implied warranty. The PRODUCTION COMPANY takes no responsibility for the content of the event/product that the CUSTOMER has informed or has been listed by the PRODUCTION COMPANY. To the maximum extent permitted by applicable law:
      1. in no circumstance shall the PRODUCTION COMPANY be liable, including negligence to the CUSTOMER or any participant in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems, or loss of data) arising from or in connection with your use of or reliance on the information on or accessed through this event for any reason whatsoever (including negligence). Where any statute implies any term into your use of or any arrangement arising out of accessing this event and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, the PRODUCTION COMPANY, our associates, and our contractors’ liability for any breach of such term is limited to the resupply of services.
      2. in no circumstance shall the PRODUCTION COMPANY be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the event of the PRODUCTION COMPANY, with the delay or inability to use the PRODUCTION COMPANY event or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the PRODUCTION COMPANY event, or otherwise arising out of the use of the PRODUCTION COMPANY event whether based on contract, tort, negligence, strict liability or otherwise, even if the PRODUCTION COMPANY or any of its suppliers has been advised of the possibility of damages. If the CUSTOMER is dissatisfied with any portion of the PRODUCTION COMPANY event, product listing, content, or with any of these terms of use, the CUSTOMER sole, and exclusive remedy is to provide their dissatisfaction with the PRODUCTION COMPANY and follow the related clause in finding a mutual remedy between all parties.
      3. the PRODUCTION COMPANY makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the PRODUCTION COMPANY event or of the CUSTOMER's product and/or business.
    4. The material on a PRODUCTION COMPANY event, online booking system, agent system, and website provides general information of the CUSTOMER's product and the CUSTOMER only and is not intended as advice and must not be relied upon as such. The CUSTOMER and the participants, including the CUSTOMER's own consumers of the CUSTOMER's product should make their own inquiries and seek independent and/or alternative advice prior to making any decisions. All material on this event is derived from sources believed to be current and accurate as of the date of publication and is provided in good faith. The PRODUCTION COMPANY makes no representation or warranty that any material on the event or of the CUSTOMER's product will be accurate, reliable, or complete (nor does the PRODUCTION COMPANY accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of the PRODUCTION COMPANY negligence). The CUSTOMER or the customer's own consumers use of the information on this event is entirely at your/their own risk. This event may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain participants, or the event or CUSTOMER product may describe activities that are inherently dangerous. The PRODUCTION COMPANY makes no representations as to the nature, quality, or suitability about any or all of the activities shown on an event, and the CUSTOMER and its participants agree that the CUSTOMER shall be responsible for first satisfying themselves by independent inquiry or advice as to the suitability of the particular product. The PRODUCTION COMPANY event may contain contact details for various businesses and service providers. In placing these contact details on an event, the PRODUCTION COMPANY makes no representation as to the currency or accuracy of such details. Nor does the PRODUCTION COMPANY make any representation as to the nature or quality of the goods or services provided by the listed businesses and service providers, or as to their suitability for the purposes of participants using the contact details. The PRODUCTION COMPANY shall have no liability, in negligence or howsoever, for any loss, damage, liability, or inconvenience suffered by you or any other person as a result of their use of the contact details. Any person proposing to use or rely on any of the contact details should first satisfy themselves with the currency and accuracy of those contact details and any other information displayed on this event. The PRODUCTION COMPANY will not be liable, in negligence or howsoever, for loss, damage, liability, or inconvenience suffered by you or any other participant resulting from any action or decision by you in reliance upon the information on an event, or any propagation of computer worms, virus, internet access difficulties, malfunction in equipment or software, interruption, communications failure or delay in operation.
    5. The PRODUCTION COMPANY reserves the right to remove any of the CUSTOMER's product listing at any time. We also reserve the right to alter or amend any product listing that may contain inappropriate information or graphics. The CUSTOMER is not to transmit to the PRODUCTION COMPANY any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Any photos or images submitted for display on a product listing are to be deemed appropriate for public display and all or any required permissions have been sorted and received by those submitting the photo or image. All liability if any for the use of photos or images remains with the CUSTOMER who submitted them for public display on their product listing and the event.
    6. The PRODUCTION COMPANY does not provide any guarantee as to the results obtainable from their event and event management service or that the CUSTOMER business and/or product will be successful.
    7. The PRODUCTION COMPANY Fee:
      1. The CUSTOMER accepts and agrees that by signing and agreeing to the contract of engagement to the PRODUCTION COMPANY and becoming a member of the PRODUCTION COMPANY, a booking, and management fee of the agreed amount of the total purchase and/or booking price (exclusive of all taxes in the jurisdiction), as stipulated in the contract of engagement and tax invoice will be required to be paid to the PRODUCTION COMPANY for the services the PRODUCTION COMPANY provides. The PRODUCTION COMPANY will forward a Tax Invoice to the CUSTOMER for each event that has been purchased and the related booking and management fee (if applicable) of the total purchase price of the event and/or booking. All booking fees are to be paid on or before the due date as displayed on the tax invoice.
    8. Submission of Product:
      1. It is the responsibility of the CUSTOMER that the product listed does not breach or infringe the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation; State and Commonwealth anti-discrimination legislation; any copyright, trademark, or obligation of confidentiality; any law of defamation or obscenity; any law of contempt of any court, tribunal or royal commission; the Privacy Act (Cth); and any other law (including but not limited to any common law, statute, delegated legislation, rule, and ordinance of the Commonwealth or any State or Territory that the CUSTOMER is in) in the governing jurisdiction.
    9. Customer Refunds relating to the Customer's product:
      1. All refunds relating to the CUSTOMER's product are between the CUSTOMER and their buying participant. All Refunds are at the discretion of the CUSTOMER who lists/offers their product that the CUSTOMER's buying participant has purchased and the PRODUCTION COMPANY accepts no responsibility or liability whatsoever. In the event that the CUSTOMER offers a refund of the CUSTOMER's purchased product to the CUSTOMER's buying participant the CUSTOMER, regardless of whether the refund is partial or in full, the booking and event management fee charged by the PRODUCTION COMPANY still applies and is required to be paid to the PRODUCTION COMPANY for the services provided. The PRODUCTION COMPANY only acts as a creator/designer/editor of the event for the CUSTOMER's product.
    10. All trademarks reproduced in this event that are not the property of, or licensed to, the CUSTOMER must be acknowledged at the event. Where the CUSTOMER has provided a trademark, they must inform the PRODUCTION COMPANY of the owner of the trademark and ensure they have the legal rights to display the trademark.

  2. PROPS AND PLAYS:
    1. Except with prior written consent of the PRODUCTION COMPANY (which consent shall not be unreasonably withheld), the CUSTOMER:
      1. Must not make any changes whatsoever to the Event, either in whole or in part; and
      2. In connection with the event, the CUSTOMER:
        1. Must not lease, purchase or otherwise obtain any Props for an event unless they request in writing to the PRODUCTION COMPANY and the PRODUCTION COMPANY approves the use of the item in an event; and
        2. Must not use any Props other than Approved Props as originally used in the event. 

  1. INTELLECTUAL PROPERTY:
    1. The CUSTOMER acknowledges and agrees that as of the Start Date the PRODUCTION COMPANY holds all intellectual property rights of the event, unless YOU and the PRODUCTION COMPANY have agreed in writing of a change of the intellectual property rights of the EVENT.
    2. The PRODUCTION COMPANY acknowledges and agrees that as of the Start Date the CUSTOMER holds all intellectual property rights in and of the CUSTOMER's product created by the CUSTOMER.
    3. The CUSTOMER will:
      1. immediately inform the PRODUCTION COMPANY of any matter which may come to its notice during the operation of this Agreement which may be of interest or importance or use to the PRODUCTION COMPANY.
    4. Any discovery, design, invention, idea, concept, technique, document, secret process or improvement in procedure conceived, made, developed or discovered by the CUSTOMER in the course of this Agreement (whether alone or with any other person) which is capable of being used or adapted for use in connection with the event activities of the PRODUCTION COMPANY (the “Inventions”) must immediately be disclosed to the PRODUCTION COMPANY, whether or not the Inventions are capable of being protected by copyright, letters patent, registered design or other protection.
    5. The CUSTOMER will at their own expense execute all documents and execute all such further acts, matters, and things as may be necessary or reasonable to:
      1. register or otherwise protect the Inventions; and
      2. perfect the assignment required by this clause.
    6. Nothing in this Agreement affects the Moral Rights in any works, items, materials, or information supplied pursuant to this Agreement. 

  2. CANCELLATION OF AN EVENT BY the CUSTOMER :
    1. Should the CUSTOMER not complete the Term of this agreement then the cost of any or all car rentals, accommodation and airfare, and any related travel expenses paid by the PRODUCTION COMPANY will be required to be paid back to the PRODUCTION COMPANY by the CUSTOMER.
    2. Should the CUSTOMER not complete an event, the cost of any or all car rentals, accommodation and airfare and any related travel expenses paid by the PRODUCTION COMPANY, including any loss of remuneration, refund provided to the CUSTOMER or financial loss to the PRODUCTION COMPANY caused by the cancellation or incomplete job of the event; will be required to be paid back to the PRODUCTION COMPANY by the CUSTOMER. 

  3. CONFIDENTIALITY
    1. The CUSTOMER and the PRODUCTION COMPANY agree that during the course of this Agreement they may become acquainted with or have access to Confidential Information. The CUSTOMER and the PRODUCTION COMPANY during and after the Term must maintain the Confidential Information confidential and prevent its unauthorised disclosure to or use by any other person, and firm, unless prior written authorisation is obtained from the CUSTOMER and/or PRODUCTION COMPANY respectively.
    2. The CUSTOMER and the PRODUCTION COMPANY agrees that they must not:
      1. use the Confidential Information for any purpose other than for the benefit of the EVENT during or after the Term;
      2. remove the Confidential Information from the Premises of the PRODUCTION COMPANY or event without the written consent of the other party;
      3. for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information.
    3. The CUSTOMER and the PRODUCTION COMPANY agree to return any or all of the Confidential Information howsoever embodied on the request of the other party.
    4. The CUSTOMER and the PRODUCTION COMPANY agrees that it must not, both during or after the Term for whatever reason, make improper use of the Confidential Information acquired by virtue of this Agreement, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to the other party.
    5. The CUSTOMER and the PRODUCTION COMPANY must take all reasonable precautions to prevent any unauthorised disclosure of Confidential Information, including the following precautions:
      1. must at all times store all Confidential Information safely and securely;
      2. each party must immediately notify the other party in writing of any actual, threatened, or suspected unauthorised disclosure of any Confidential Information; and
      3. must take all reasonable measures to minimise any unauthorised dissemination of any Confidential Information which is in any way related to or resulting from an act or failure to act by the other party.
    6. Both parties must sign the PRODUCTION COMPANY’s statutory declaration and certification of return of all confidential information and ASSETS, at the time of termination of this agreement (where required).
    7. All assets owned by the PRODUCTION COMPANY relating to the event or play and all assets owned by the CUSTOMER product remain the property of the respective party. Following termination or completion of the event, the CUSTOMER and the PRODUCTION COMPANY agrees to maintain a sufficient degree of confidentiality and competition; while working for a competitor about market-sensitive information, practices, and/or the PRODUCTION COMPANY's contact database of clients, ads, brochures, scripts, transcripts and any additional intellectual property of the PRODUCTION COMPANY.

  4. PRIVACY
    1. Both Parties will not use or disclose any Personal Information for a purpose other than discharging its obligations under this Agreement. Both parties further agree to comply at all times with the National Privacy Principles contained in Schedule 3 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as the PRODUCTION COMPANY would have been required to comply had it been directly responsible for performing the act or practice concerned. the CUSTOMER will take all necessary steps to protect Personal Information in its possession against misuse or loss and it will return all such information to the PRODUCTION COMPANY (or if requested by the PRODUCTION COMPANY, destroy or de-identify such information) upon termination or expiry of this Agreement. This clause will survive the termination or expiry of this Agreement.
    2. For the purpose of this clause, “Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored, or handled by the CUSTOMER for the purposes of this Agreement.

  5. FORCE MAJEURE
    1. The PRODUCTION COMPANY shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
    2. The CUSTOMER shall notify the PRODUCTION COMPANY as soon as practical be of any anticipated delay due to Force Majeure. The CUSTOMER's obligations under this Agreement shall be suspended for the period of the delay due to Force Majeure.
    3. If a delay due to Force Majeure exceeds 30 days, the PRODUCTION COMPANY may terminate this Agreement immediately on providing notice to the CUSTOMER. If the PRODUCTION COMPANY gives such notice to the CUSTOMER:
      1. the CUSTOMER shall not be entitled to a refund of previously paid payments to the PRODUCTION COMPANY under this Agreement for which no services have been provided; and
      2. the PRODUCTION COMPANY shall not be liable to pay the CUSTOMER a reasonable sum in relation to services rendered or costs and expenses incurred prior to termination for which no payment has been made to the PRODUCTION COMPANY.

3. TERMINATION
  1. Unremedied breach or default
    1. The PRODUCTION COMPANY may terminate the agreement with the CUSTOMER where the CUSTOMER is in breach or default of this Agreement (not being a serious or material breach) and fails to correct such breach or default within 14 days of receiving notice specifying such breach or default or remedy the same.
  2. Termination without notice
    1. Notwithstanding the preceding subclauses, the PRODUCTION COMPANY may terminate this Agreement at any time without notice:
      1. if the CUSTOMER engages in a serious or material breach of this Agreement which in the opinion of the PRODUCTION COMPANY cannot be remedied, or cannot foreseeably be remedied within 14 days of such breach or default;
      2. if the CUSTOMER, being a natural person, dies; or
      3. if the CUSTOMER ceases or threatens to cease conducting his business activities in the normal manner.
  3. Return of documentation
    1. Upon the cancellation of this Agreement, for any reason, the CUSTOMER must return to the PRODUCTION COMPANY all records, books, drawings, notes, books, video, and assets pertaining to the event and plays, including all other documentation and items pertaining to the Inventions and/or to the Confidential Information, prepared/designed/created by the PRODUCTION COMPANY, and any Props and other equipment, tools or devices owned by the PRODUCTION COMPANY, and keys and security passes of locations/venues or premises, then in the possession of the CUSTOMER or participant or employee or subcontractor of the CUSTOMER.
    2. The CUSTOMER must sign the PRODUCTION COMPANY’s statutory declaration and certification of return of all confidential information and ASSETS, at the time of termination of their employment and/or this agreement.
4. WARRANTIES OF CAPACITY
  1. General warranties
    1. Each party warrants to the other party to this Agreement that:
      1. this Agreement creates legal, valid, and binding obligations, enforceable against the relevant party in accordance with its terms;
      2. unless otherwise stated, it has not entered into this Agreement in the capacity of trustee of any trust; and
      3. its officers and representatives described in this Agreement or nominated under this Agreement have the authority to act for and on behalf of it in relation to the matters within their authority under this Agreement, unless the party notifies the other party to the contrary.

  2. Power of attorney
    1. If an attorney executes this Agreement on behalf of any party, the attorney declares that it has no notice of the revocation of that power of attorney.
5. GENERAL PROVISIONS
  1. Entire Agreement
    1. This Agreement constitutes the entire agreement between the parties concerning the matters dealt with pursuant to this Agreement. For the avoidance of doubt, this Agreement supersedes all provisions, correspondence, agreements, warranties, representations, negotiations, and understandings with respect to the matters dealt with in this Agreement.
  2. Precedence
    1. Where any conflict occurs between the provisions contained in this agreement or two or more of the documents referred to now or hereafter, the document lower in the order of precedence shall where possible be read down to resolve such conflict. If the conflict remains incapable of resolution by reading down, the conflicting provisions shall be severed from the document lower in the order of precedence without otherwise diminishing the enforceability of the remaining provisions of that document.
  3. Amendments
    1. This Agreement may not be changed or modified in any way after it has been signed except in writing signed by or on behalf of both parties.
  4. Severability
    1. Any provision of this Agreement which becomes illegal, void, or unenforceable will be ineffective to the extent only of such illegality, voidness, or unenforceability and will not invalidate the remaining provisions.
  5. Assignment
    1. Neither this Agreement nor any rights or obligations of the Agreement may be assigned or otherwise transferred by either party without the prior written permission of the other.
  6. Waiver
    1. A right created by this Agreement cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
  7. Preservation of existing rights
    1. If this Agreement is terminated for any reason such termination will not affect any accrued rights or liabilities of either party nor will it affect the coming into force or the continuance in force of any provision of this Agreement (in so far as it imposes obligations on the Contractor) which is expressly or by implication intended to come into force or continue on after the termination.
  8. Counterparts
    1. This Agreement may be executed in any number of counterparts. All counterparts taken together constitute one instrument.
  9. Notices
    1. All notices and consents required or permitted to be given under this Agreement must be in writing and given by personal service, pre-paid postage, a facsimile transmission at the addresses of the parties set out in this Agreement or to such other address as either party may designate to the other by written notice. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (by prepaid letter) or when on transmission by the sender (if sent by facsimile) or (if sent by email and unless agreed otherwise), when the email enters the recipient’s mail server.
  10. Governing law
    1. This Agreement is governed by, takes effect, and will be construed in accordance with the laws of the State, Country and jurisdiction of the PRODUCTION COMPANY and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and Country and courts entitled to hear appeals therefrom.
    2. Any dispute arising pursuant to the terms of this Agreement shall be determined in accordance with the laws of the State, Country and jurisdiction of the PRODUCTION COMPNAY and the Courts of the said shall be deemed to be the Courts of appropriate jurisdiction for the resolution of all issues arising pursuant to the terms hereof.