Terms and Conditions

 

Welcome to Entertainers.com.au! We provide a platform where Entertainers and Bookers can connect and transact for entertainment services (Platform).

In these Terms, when we say you or your, we mean both you and any entity you are authorised to represent (such as your employer). When we say we, us, or our, we mean Bands Australia Pty Ltd (ACN 668 816 457). 

These Terms form our contract with you, and set out our obligations as a service provider and your obligations as a user. You cannot use our Services unless you agree to these Terms. The obligations in these Terms apply equally to Entertainers and Booker, unless we state otherwise.

Some capitalised words in these Terms have defined meanings, and each time that word is used in these Terms it has the same meaning. You can find a list of the defined words and their meaning at the end of these Terms.

For questions about these Terms, or to get in touch with us, please visit our support page: Support Page

Our Disclosures

Please read these Terms carefully before you accept. We draw your attention to:

  • our privacy policy (on our website) which sets out how we will handle your personal information;
  • clause 1.5 (Variations) which sets out how we may amend these Terms; and
  • clause 16 (Liability) which sets out exclusions and limitations to our liability under these Terms. 

We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform.

These Terms do not intend to limit your rights and remedies at law, including any of your Consumer Law Rights.

1. Platform Licence and Term

1.1. These Terms apply from when you sign up for an Account, until the date on which your Account is terminated in accordance with these Terms. We grant you a right to use our Services for this period of time only.

1.2 You must be at least 18 years old to use our Platform. Entertainers under the age of 18 may be listed on the Platform, but only if their profile is created, owned and administered by a parent or legal guardian. We reserve the right to request age verification from any Entertainer at any time and in the case of underage Entertainers, parental consent forms as required.

Platform Licence

1.3 While you have an Account, we grant you and your Authorised Users a right to use our Platform (which may be suspended or revoked in accordance with these Terms). This right cannot be passed on or transferred to any other person.

1.4 You must not (and you must ensure that your Authorised Users do not):

  • access or use our Platform in any way that is improper or breaches any laws, infringes any person’s rights (for example, intellectual property rights and privacy rights), or gives rise to any civil or criminal liability;  
  • interfere with or interrupt the supply of our Platform, or any other person’s access to or use of our Platform;  
  • introduce any viruses or other malicious software code into our Platform;  
  • attempt to access any data or log into any server or account that you are not expressly authorised to access;  
  • use our Platform to send unsolicited electronic messages;
  • use dating mining, robots, scraping or other data gathering and extraction tools on our Platform; or 
  • access or use our Platform to transmit, publish or communicate material that is, defamatory, offensive, abusive, indecent, menacing, harassing or unwanted.

1.5 Variations: We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use our Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may close your Account with effect from the date of the change in these Terms by providing written notice to us. If you close your Account, you will no longer be able to access our Services (including our Platform) on and from the date of cancellation.

2. Platform Summary

2.1 Our Platform is a place where Entertainers and Bookers can find each other, and advertise, buy and sell entertainment services for events (Offers). We only provide our Services (including our Platform) and are not a party to any transaction between Entertainers and Bookers in relation to an Offer (see the “Our Services” section below for more information about the services we provide to you).

2.2 Entertainers wanting to publish Offers on our Platform must create an Account. Accounts and offer listings will be reviewed by us for accuracy, quality and compliance with these Terms, and we reserve the right to reject any Account that we deem does not meet the Platform requirements, at our sole discretion. Entertainers must provide an accurate and complete description of the Offer they wish to provide (Offer Listing), including the fees for the Offer.

2.3 Bookers can browse Offer Listings without an Account. Bookers wanting to book Offers in an Offer Listing must create an Account, and may then request to book an Offer by sending a request including the details of their event through our Platform (Event Request).

2.4 Entertainers must include all additional terms and conditions relating to their Offer in the relevant Offer Listing (including if the Booking Agreement does not apply). Upon receipt of an Event Request, Entertainers and Bookers will communicate via the Platform to agree on the final details of the event, including the date and time, length, price, any Additional Expenses and any additional terms (Final Offer). Once the Final Offer is agreed between the Entertainer and the Booker, the Booker will pay the Booking Fee and it becomes a Booking. By making payment of the Booking Fee, Bookers accept the additional terms and conditions and any commercial details agreed in the Final Offer.

2.5 The Booking Agreement we make available on the Platform for use between Entertainers and Bookers will be automatically included in, and govern the provision of a Booking booked through the Platform, unless otherwise agreed in a Final Offer. If the Entertainer or Booker wants to make any changes to a Final Offer, these must be agreed between the parties on the Platform, and any changes to the Booking Fee must also be agreed.

2.6 You acknowledge and agree that we are not a party to the Booking Agreement and have no responsibility or liability in respect of the Booking Agreement, and the Booking Agreement and any additional terms and conditions are strictly a matter between the Entertainer and the Booker. In the event of any inconsistency between the Booking Agreement or any additional terms and conditions provided by the Entertainer and these Terms, these Terms prevail.

2.7 All monies paid as part of the Booking Fee by Bookers will be held by our third-party payment processor, and will be distributed to Entertainers (less any amounts to be deducted in accordance with these Terms) within 48 hours after the relevant Booking has been supplied. Entertainers will only be paid the Booking Fee where Bookers have made payment.

2.8 We do not endorse or approve, and are not responsible for, any Bookings not provided by us.

2.9 We may, at any time (at our sole discretion), remove any Offer Listings, including where an Offer: (a) is illegal or offensive; (b) contains graphic, inappropriate or unlawful content; or (c) we, in our sole discretion, consider that the Offer Listing does not meet our platform standards or align with reasonable market standards, including with respect to the price in the Offer Listing.

2.10 Communication: Entertainers and Bookers can communicate privately using our private messaging service or outside of the Platform. However, Entertainers and Bookers are strictly prohibited from using our Platform to obtain each other’s contact details for the purpose of circumventing any fees payable to us for the use of our Platform and our Services. Once an Entertainer and Booker have connected through our Platform, they must continue to use the Platform for all future bookings and related communications. Entertainers and Bookers acknowledge and agree that all payments for any costs in connection with any Booking booked via the Platform and included in the Booking Fee must be processed through the Platform in accordance with these Terms.

3. Fees

3.1 In consideration for providing our Platform, we charge a 12% service fee (plus GST) on the total Booking Fee (Service Fee). This Service Fee is split equally between the Booker and the Entertainer, with each party paying 6% plus GST. All transactions are processed in Australian Dollars (AUD). GST is applied in accordance with applicable tax laws. The Booker’s 6% (plus GST) is added on top of the Booking Fee at checkout. The Entertainer’s 6% (plus GST) is deducted from the Booking Fee before it is paid by us to the Entertainer, in accordance with these Terms.

3.2 Booking Fee Coverage: The Booking Fee covers the base performance fee and includes the following fee-eligible services such as travel time, extended performance, extra performers, on-stage equipment rental, special costumes, song arrangements, and PA gear used for the performance. The Service Fee applies to these fee-eligible services.

3.3 Non-Fee-Eligible Expenses: Certain expenses are not included in the Booking Fee and are not subject to our Service Fee. These are flights, accommodation, meals, catering, drink riders, and parking. These expenses should be arranged separately between the Entertainer and the Booker.

4. Entertainer Obligations

For Entertainers Only

4.1 By posting an Offer Listing, you confirm that you are legally entitled to and capable of supplying the Offer described in the Offer Listing.

4.2 You agree to:

  • supply any Bookings in a proper and professional manner, with due care, skill and diligence;
  • accurately complete all required fields on the Platform when posting an Offer Listing, and provide all relevant information of the Offer in the Offer Listing including:
    1. an accurate description of the Offer offering;
    2. pricing information including clearly setting out what is included in the Booking Fee, and what is an Additional Expense;
    3. availability;
    4. high quality images or media showcasing your work and the Offer offering; and 
    5. any other required fields as set out on the Platform,
  • not include any direct contact information in any Offer Listing or on your Account to circumvent the Platform’s booking process;
  • respond to any communications from Bookers and us within 48 hours;
  • keep accurate records of all transactions made through the Platform;
  • comply with these Terms, all applicable laws, and our reasonable requests;
  • have appropriate insurance to cover the Offers that you make through our Platform, Bookings you supply, and disclose status of your insurance on your Account as set out on the Platform. We may request that you provide us with evidence of your insurance cover. Where we do so, we are not confirming that the insurance you have is sufficient or suitable for the Offers you make or Bookings you book. If we do not ask you to provide evidence of insurance, this does not indicate that we believe you do not require insurance. You acknowledge and agree that it is your responsibility to make your own investigations and receive professional advice on the insurance you require; and
  • ensure that all Offer Listings and related content are accurate and not misleading, including:
    1. using artificial intelligence (AI) only as a supporting tool to enhance media and descriptions, and not as a method to misrepresent or artificially elevate an act beyond what can be performed live;
    2. limiting AI use to acceptable practices such as:
      • improving audio clarity (for example, balancing volume or reducing background noise);
      • enhancing lighting or cleaning up photos while maintaining the performer’s authentic appearance; and
      • creating AI-assisted written bios that are genuinely reflective of the performer’s own story and substantially edited or personalised; and
    3. refraining from unacceptable AI use, including:
      • heavily auto-tuned or AI-generated vocals that do not represent the actual live performance;
      • deepfake-style visuals, avatars, or misleading imagery that do not reflect the real performer or act; and
      • AI-generated videos or audio where the performer does not actually play or sing the parts shown.

4.3 For each Booking, the Entertainer agrees to:

  • comply with reasonable directions of the Booker, the Booker’s on-site contact person, and the Venue, including applicable Venue rules, regulations or specifications;
  • arrive at the Venue as agreed, commence the Booking at the agreed-upon start time and adhere to all time requirements, including the duration of the Booking, scheduled breaks, and conclusion time;
  • promptly notify the Booker of any foreseeable delays or circumstances that may affect the Entertainer’s ability to meet agreed-upon time commitments;
  • supply all equipment required for the Booking unless otherwise agreed, and ensure such equipment meets the Venue requirements as notified by the Booker;
  • not alter the specifications set out in the Final Offer, including substitute performers or content, without the Booker’s prior written consent; and
  • grant the Booker a non-exclusive, non-transferable, worldwide, royalty-free, revocable right and license to use the Entertainer’s name, likeness, and promotional materials solely for marketing and publicising the event, subject to the Entertainer’s prior written approval, which shall not be unreasonably withheld.

4.4 You warrant and represent that any materials you upload to the Platform, including materials provided in an Offer Listing will not infringe the intellectual property rights or any other rights of any third party.

4.5 Once a Booking has been booked via the Platform, any changes to the Booking that depart from the original Final Offer, including changes to group members providing the Offer must be notified to the Booker in writing and are subject to the Booker’s approval.

4.6 You grant us a non-exclusive, irrevocable, royalty-free, sublicensable and transferable licence for the duration that your Offer Listing is available on our Platform, to host your Offer Listings on our Platform for the purpose of making your Offers available to Bookers.

4.7 The Entertainer agrees not to subcontract any portion of the Booking without obtaining the Booker’s written approval beforehand. The Entertainer remains fully responsible for fulfilling its obligations under these Terms and must ensure that any subcontractors adhere to these Terms as if the Entertainer were performing the Booking directly.

5. Booker Obligations

For Bookers Only

5.1 You agree to:

  • accurately complete all required fields on the Platform when completing an Event Request, and provide all relevant information of the event requirements including (but not limited to):
    1. the Venue;
    2. event date;
    3. event time;
    4. guest numbers for the event;
    5. equipment requirements and any other special requirements; and
  • For each Booking:
    1. provide and/or pay for suitable parking for the Entertainer’s vehicle(s) at or near the Venue;
    2. provide the Entertainer and the Entertainer’s team with safe access to the Venue and necessary facilities at agreed times for delivery of the Offer;
    3. ensure that the Venue has the necessary facilities required for the Entertainer to deliver the Booking;
    4. ensure that the Venue (and specifically the performance area within the Venue) is safe, free from hazards, and where applicable, protected from weather elements, including rain and excessive sun exposure;
    5. provide the Entertainer with all necessary documents, information, and cooperation to supply the Booking;
    6. ensure that where applicable, any licensing requirements, such as APRA AMOCS and other music licensing requirements are met;
    7. designate an on-site contact person who will be present during the Booking and serve as the primary point of contact for the Entertainer on the day of the Booking;
    8. inform the Entertainer in writing and as soon as practicable if the Venue requires any specific equipment compliance, such as electrical safety tagging or technical inspections; and
    9. confirm completion of the Booking via the Platform within 48 hours of the Booking.

6. Our Services

6.1 We provide the following services to you:

  • access to our Platform; and
  • access to our troubleshooting support (Support Services), (collectively, our Services).

6.2 If you require Support Services, you may request these by getting in touch with us through our Platform.

6.3 Unless we agree otherwise, Support Services cannot be used to support any other products or services, and does not include training, installation of software or hardware, software development or the modification, deletion or recovery of data or any on-site services.

6.4 We will not be responsible for any other services unless expressly set out on in these Terms or on our Platform.

6.5 Additional Services: If you require additional services, we may, in our sole discretion, provide such additional services (to be scoped and priced in a separate contract provided by us).

6.6 Beta Services: If we provide you with access to any new or beta services, you acknowledge that because of the developmental nature of such services, you use them at your own risk and we have no obligation to maintain or provide error corrections. Any new or beta services we provide you with access to are for evaluation purposes only and not for production use, and we may discontinue those services at any time at our sole discretion.

7. Account

7.1 Accounts for Entertainers and Bookers are different, and you must choose the correct Account based on how you want to use our Platform. Entertainers who also want to book Offers must create a separate Account for that purpose, and vice versa.

7.2 All Entertainers must have a valid Australian Business Number (ABN) to create and maintain an Account.

7.3 By creating an Account, you agree that we may verify your identity and any information provided during the account creation process. This verification may include checking your ABN (for Entertainers), requesting additional identification documentation or using third-party verification services. If you do not consent to our verification of your identity or provide us with the required identity documents, we will not be able to verify your Account, and it will be deleted.

7.4 You must not create profiles or list Entertainers on our Platform if you are an agency, unless you are a manager or individual who has exclusive rights to represent specific Entertainers. For the avoidance of doubt, this exclusivity extends only to the Entertainer that has an Account on the Platform, and not to the individual persons included in the group or act that has the relevant Entertainer Account. We reserve the right to request proof of such exclusive representation. You acknowledge and agree that we may, in our sole discretion, remove any profiles that do not comply with this clause 7.4.

7.5 You may invite Authorised Users to access and use our Services under your Account. Each of your Authorised Users will require a login (which is linked to your Account), in order to access and use our Platform. You are responsible for ensuring that your Authorised Users comply with these Terms. You may change who your Authorised Users are at any time through your Account, and what access rights or permissions they have when using our Platform. Any limitations on the number of Authorised Users you can have will be set out in your Account or on our Platform.

7.6 While you have an Account with us, you agree to (and to ensure your Authorised Users agree to):

  • keep your information up-to-date (and ensure it remains true, accurate and complete);
  • keep usernames and passwords secure and confidential, and protect them from misuse or being stolen; and
  • notify us if you become aware of, or have reason to suspect, any unauthorised access to your Account or any logins linked to your Account.

8. Payments

8.1 You must pay all amounts due under these Terms in accordance with these Terms or as set out on our Platform (as applicable).

8.2 You must not pay, or attempt to pay, any fees due under these Terms or as a result of your use of our Services by fraudulent or unlawful means. If you make payment by debit or credit card, you must be the authorised card holder. If payment is made by direct debit, by providing your bank account details and accepting these Terms, you authorise our nominated third-party payment processor to debit your bank account, and you confirm that you are either the holder or an authorised signatory of that bank account.

8.3 We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.

8.4 Late Payments: If any fees due to us under these Terms or as a result of your use of our Services are not paid on time, we may:

  • suspend your access to our Services (including access to our Platform); and
  • charge interest on any overdue payments at a rate equal to the Reserve Bank of Australia’s cash rate, from time-to-time, plus 2% per annum, calculated daily and compounding monthly.

8.5 Taxes and Superannuation: You are responsible for paying any levies or taxes associated with your use of our Services, for example sales taxes, value-added taxes, superannuation or withholding taxes (unless we are required by law to collect these on your behalf). You acknowledge and agree that as part of the facilitation of the Booking via the Platform, we may facilitate the payment of superannuation by the Booker to the Entertainer. The Booker remains at all times liable and responsible for any applicable superannuation payments owed to the Entertainer by the Booker. The Booker acknowledges and agrees that that the Entertainers are not our employees for superannuation purposes, and that if the Booker owes the Entertainer superannuation, this is because the Entertainer is an employee of the Booker for superannuation purposes. The Booker indemnifies us and holds us harmless against any costs or payments incurred by us in connection with us facilitating superannuation payments owed to the Entertainer by the Booker on behalf of the Booker.

9. Promotions

For Entertainers Only

9.1 We may from time-to-time offer, and you may choose to purchase, promotional opportunities such as a feature in our email marketing or promoted placement on our Platform (Promotional Opportunity). Promotional Opportunities are subject to the fees and the terms and conditions as set out in any Promotional Opportunity offer displayed on our Platform or as otherwise communicated to you. In the event of any conflict between any Promotional Opportunity terms and conditions and these Terms, the Promotional Opportunity terms and conditions will prevail.

For Bookers Only

9.2 We may from time-to-time issue you with promotional discount codes for use on our Platform (Discount Codes). The conditions of use relating to Discount Codes (including how to claim a Discount Code) will be set out on our Platform.

10. Reviews

10.1 Entertainers and Bookers may review their experiences with each other on our Platform (Review). We may remove Entertainers and Bookers from our Platform (in our sole discretion) who receive a high number of negative Reviews.

10.2 You agree to provide true, fair and accurate information in your Review. If we consider that your Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting further Reviews. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Review.

10.3 You may only write a Review about your own experience. You must not write a Review about another person’s experience.

10.4 If you have been offered an incentive (such as a gift, reward, discount or payment) for leaving a Review, you should include information about this in your Review.

10.5 You must not disclose any Personal Information in your Review.

11. Availability, Disruption and Downtime

11.1 While we strive to always make our Services available to you, we do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.

11.2 Our Services (including our Platform) may interact with, or be reliant on, products or services provided by third parties, such as cloud hosting service providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused or contributed to by these third parties.

11.3 We will try to provide you with reasonable notice, where possible, of any disruptions to your access to our Services. 

12. Confidential Information and Personal Information

12.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use our confidential information, and to take reasonable steps to protect our confidential information from being disclosed without our permission, and we agree to do the same for your confidential information. This also means making sure that any Authorised Users, employees, contractors, professional advisors or agents of ours or yours only have access to confidential information on a ‘need-to-know basis’ (in other words, the disclosure is absolutely necessary), and that they also agree to not misuse or disclose such confidential information.

12.2 However, either you or we may share confidential information with legal or regulatory authorities if required by law to do so.

12.3 We collect, hold and disclose and use any Personal Information you provide to us in accordance with our privacy policy, available on our website, and applicable privacy laws.

12.4 You must only disclose Personal Information to us if you have the right to do so (such as having the individual’s express consent).

12.5 Entertainers and Bookers must not disclose Personal Information about each other to third parties unless authorised by these Terms or by law.

12.6 We may need to disclose Personal Information to third parties, such as our related companies or our service providers (for example, IT and administrative service providers and our professional advisors). As part of our Services, we will also need to disclose information about Bookers to Entertainer, and vice versa, so that they can connect and transact.

12.7 Where we are required by law to report on our activities, you acknowledge that from time to time we may request certain information from you in order to meet our requirements, and you agree to provide us with such information within the timeframes reasonably requested by us.

13. Consumer Law Rights

13.1 In some jurisdictions, you may have guarantees, rights or other remedies provided by law (Consumer Law Rights), and these Terms do not restrict your Consumer Law Rights. We will only be bound by your Consumer Law Rights and the express wording of these Terms. Our liability for a breach of your Consumer Law Rights is, unless the laws of your jurisdiction state otherwise, limited to either resupplying our Services, or paying the cost of having our Services resupplied.

13.2 Subject to your Consumer Law Rights, we do not provide a refund for a change of mind or change in circumstance.

13.3 If you accept these Terms in Australia, nothing in these Terms should be interpreted to exclude, restrict or modify the application of, or any rights or remedies you may have under, any part of the Australian Consumer Law (as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

13.4 Bookers may have Consumer Law Rights in respect of Offers made by Entertainer.

14. Postponements, Cancellations and Refunds between Entertainers and Booker

14.1 A Booking may be postponed up to three times within six months of the original Booking date, subject to agreement in writing through the Platform between the Entertainer and the Booker. Notwithstanding this clause, and subject to your Consumer Law Rights, no refund will be provided where a Booker postpones a Booking and then subsequently proceeds to cancel the postponed Booking.

14.2 If a Booker requests to cancel a Booking:

  • 60 days or more prior to the Booking date, the Booker will receive a full refund of the Booking Fee, less our Service Fee; or
  • less than 60 days prior to the Booking date, the full Booking Fee will be forfeited and no refund will be issued. For the avoidance of doubt, if a Booker makes a Booking within 60 days of the Booking date, the Booking Fee will not be refundable in the event of a cancellation by the Booker.

14.3 If the Entertainer cancels a Booking at any time once it has been booked, the Booker will receive a full refund of all amounts paid, including the Service Fee. We reserve the right to charge the Entertainer a cancellation fee the equivalent of the Service Fee payable for the Booking. The Entertainer acknowledges and agrees that this is a genuine pre-estimate of our losses due to the Entertainer’s cancellation.

14.4 All approved refunds will be processed by us within 14 days’ of the cancellation being accepted by both the Entertainer and Booker on the Platform.

14.5 Precedence of Platform Terms: Both the Entertainer and the Booker acknowledge and agree that they have accepted the Entertainers.com.au Terms and Conditions (Platform Terms). In the case of any inconsistency between these Terms and the Platform Terms, the Platform Terms will apply.

15. Publicity and Video Marketing

For Entertainers Only

15.1 You agree that we may advertise or publicise the fact you are a customer of ours, for example on our website, on social media or in our promotional material, and you grant us a right to display and use your logo and branding solely for that purpose.

15.2 When you sign up for an Account on our Platform, we require you to provide videos and other footage of your act or experience (Entertainer Video Footage). 

15.3 You acknowledge and agree that by providing Entertainer Video Footage to us, you grant us a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence to use, modify, adapt or repurpose the Entertainer Video Footage (or parts of the Entertainer Video Footage) for the purpose of creating marketing material for your Listing on the Platform, as well as to generally market our Platform and our Services. 

15.4 We reserve the right to change the optics, colour scheme and other elements of the Entertainer Video Footage, but agree that we will not amend any sound or sonic elements of the Entertainer Video Footage that you provide to us. 

15.5 You agree that we may use AI Systems to assist us in developing such video marketing material, and other material contemplated under this clause 15

16. Intellectual Property and Data

16.1 We own all intellectual property rights in our Services (including our Platform). This includes how our Platform looks and functions, as well as our copyrighted works, trademarks, inventions, designs and other intellectual property. You agree not to copy or otherwise misuse our intellectual property without our written permission (for example, to reverse engineer or discover the source code of our intellectual property), and you must not alter or remove any confidentiality, copyright or other ownership notice placed on our Platform.

16.2 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable and non-transferable right and licence to display our logo and branding solely for the purposes of publicising your use of the Platform.

16.3 We may use any feedback or suggestions that you give us in any manner which we see fit (for example, to develop new features), and no benefit will be owed to you as a result of any use by us of your feedback or suggestions.

Your Data

16.4 We do not own any of Your Data, but when you enter or upload any of Your Data into our Platform, you grant us the right to access, analyse, backup, copy, store, transmit, and otherwise use Your Data while you have an Account with us (and for a reasonable period of time afterwards). We may use Your Data (or disclose it to third party service providers) to:

  • supply our Services to you and your Authorised Users (for example, to enable you and your Authorised Users to access and use our Services), and otherwise perform our obligations under these Terms;
  • diagnose problems with our Services;
  • improve, develop and protect our Services;
  • send you information we think may be of interest to you based on your marketing preferences;
  • with your consent, share your information with our related entities and network and display acts on our partner sites for the purposes of providing you with opportunities to be engaged as an entertainer for gigs and performances;
  • display your logo, branding and other information about your act on our social media in accordance with clause 18.10;
  • perform analytics for the purpose of remedying bugs or issues with our Platform; or
  • perform our obligations under these Terms (as reasonably required).

16.5 You acknowledge and agree that because of the nature of the internet, the processing and transmission of Your Data by us may occur over various networks, and may be transferred unencrypted.

16.6 You are responsible for (meaning we are not liable for):

  • the integrity of Your Data on your systems, networks or any device controlled by you or your Authorised Users; and
  • backing up Your Data.

16.7 When you use our Services, we may create anonymised statistical data from Your Data and usage of our Services (for example, through aggregation). Once anonymised, we own that data and may use it for our own purposes, such as to provide and improve our Services, to develop new services or product offerings, to identify business trends, and for other uses we communicate to you. This may include making such anonymised data publicly available, provided it is not compiled using a sample size small enough to make underlying portions of Your Data identifiable.

16.8 If you do not provide Your Data to us, it may impact your ability to receive our Services.

Bookings

16.9 The Entertainer and Booker will maintain ownership of any intellectual property they independently create during the duration of these Terms. There will be no transfer of intellectual property rights between the Entertainer and Booker, except as explicitly outlined in these Terms.

16.10 Any audio or visual recordings, broadcasts or streams of a Booking must be agreed upon in writing between the Entertainer and the Booker prior to the Booking date.

17. Liability

17.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any Liability caused or contributed to by, arising from or in connection with:

  • any aspect of the interactions between Entertainers and Booker, including in relation to any Offers, Offer Listings, Event Requests, Final Offers and Bookings;
  • your computing environment (for example, your hardware, software, information technology and telecommunications services and systems); or
  • any use of our Services by a person or entity other than you or your Authorised Users.

17.2 Regardless of whatever else is stated in these Terms, to the maximum extent permitted by law:

  • neither we or you are liable for any Consequential Loss;
  • a party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party, including any failure by the other party to mitigate its loss;
  • (where our Services are not ordinarily acquired for personal, domestic or household use or consumption) in respect of any failure by us to comply with relevant Consumer Law Rights, our Liability is limited (at our discretion) to supplying the Services again or paying the cost of having the Services supplied again; and

17.3 our aggregate liability to you for any Liability arising from or in connection with these Terms will be limited to AU$1,000.

18. Suspension and Termination

18.1 We may suspend your access to our Services where we reasonably believe there has been any unauthorised access to or use of our Services (such as the unauthorised sharing of login details for our Platform). If we suspend your access to our Services, we will let you know within a reasonable time of doing so, and we will work with you to resolve the matter, or if it cannot be resolved, then we may terminate your Account and your access to our Services will end.

18.2 We may terminate these Terms (meaning you will lose access to our Services, including access to your Account) if:

  • you or your Authorised Users breach these Terms and do not remedy that breach within 14 days of us notifying you of that breach;
  • you or your Authorised Users breach these Terms and that breach cannot be remedied; or
  • you experience an insolvency event (including but not limited to bankruptcy, receivership, voluntary administration, liquidation, or entering into creditors’ schemes of arrangement).

18.3 You may terminate these Terms if:

  • we breach these Terms and do not remedy that breach within 14 days of you notifying us of that breach; or
  • we breach these Terms and that breach cannot be remedied.

18.4 You may also terminate these Terms at any time by notifying us through your Account or to our email for notices (as set out in clause 18.9), and termination will take effect immediately.

18.5 Upon termination or expiry of these Terms:

  • we will retain Your Data (including copies) as required by law or regulatory requirements;
  • for Entertainer, their existing Offer Listings will be removed and any Bookings not yet provided will be cancelled (and Bookers will be refunded accordingly);
  • for Booker, their Bookings not yet provided will be honoured unless it is a requirement of the relevant Booking that Bookers are active users of our Platform (in which case a refund will be at the discretion of Entertainers or the terms of the relevant Offer Listing (if any)); and
  • we will delete your listings from our Platform. However, please note that we cannot guarantee complete removal of all information related to your listings. Some content may persist in other platforms, index listings, or cached versions beyond our control.

18.6 Termination of these Terms will not affect any other rights or liabilities that we or you may have. 

19. General

19.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations you have under these Terms) to any third party without our prior written consent. We may assign or transfer these Terms to a third party, or transfer any debt owed by you to us to a debt collector or other third party.

19.2 Disputes between Entertainers and Bookers: We encourage Entertainers and Bookers to attempt to resolve disputes (including claims for refunds or remedies) directly and in good faith, either through our Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, Entertainers and Bookers may choose to resolve the dispute through other means, such as mediation. We are not responsible for mediating or resolving disputes between Entertainers and Booker.

19.3 Disputes with Entertainers.com.au: Neither we or you may commence court proceedings relating to any dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) unless we and you first meet (in good faith) to resolve the Dispute. Nothing in this clause will operate to prevent us or you from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.

If the Dispute is not resolved at that initial meeting:

  • where you are resident or incorporated in Australia, refer the matter to mediation, administered by the Australian Disputes Centre in accordance with Australian Disputes Centre Guidelines for Commercial Mediation; or
  • where you are not resident or incorporated in Australia, refer the matter to arbitration administered by the Australian Centre for International Commercial Arbitration, with such arbitration to be conducted in Melbourne, Victoria, before one arbitrator, in English and in accordance with the ACICA Arbitration Rules.

19.4 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations (including our Services), if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

19.5 Governing law: These Terms are governed by the laws of Victoria, and any matter relating to these Terms is to be determined exclusively by the courts in Victoria and any courts entitled to hear appeals from those courts.

19.6 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal or otherwise non-compliant with these Terms.

19.7 Marketing: You agree that we and our related entities may send you electronic communications about our products and services. You may opt-out at any time by using the unsubscribe function in our electronic communications.

19.8 Nature of Legal Relationship: These Terms do not create, and should not be interpreted so as to create, a partnership, joint venture, employment or agency relationship between us and you.

19.9 Notices: Any notice you send to us must be sent to the email set out at the beginning of these Terms. Any notice we send to you will be sent to the email address registered against your Account.

18.11 Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

19.12 Survival: Clauses 12 to 18 will survive the termination or expiry of these Terms.

19.13 Third Party Sites: Our Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations in relation to the suitability of those websites. If you purchase goods or services from a third party website linked from our Platform, those goods or services are being provided by that third party, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third party websites through a link on our Platform, or for featuring certain goods or services on our Platform. We will make it clear by notice to you which (if any) goods or services, or website links, we receive a benefit from by featuring them on our Platform.

20. Definitions

20.1 In these Terms:

Account means an account accessible to the individual or entity who signed up to our Services, under which Authorised Users may be granted with access.

Additional Expenses means costs that are not included in the Booking Fee and are to be arranged separately between the Booker and the Entertainer, as set out in the Offer Listing. These include, but are not limited to travel compensation, accommodation, meal allowances, drinks, drink riders and catering.

AI System means any machine-based system that can, for given sets of objectives, generate outputs such as predictions, recommendations, decisions, or content that can influence the environment it interacts with, and includes generative AI tools, large language models, chatbots, and AI-assisted productivity tools. 

Authorised User means a user that you have invited to use the Platform through your Account.

Booking Agreement means the template agreement provided by us for use between Entertainers and Bookers, which sets out the terms and conditions governing the provision of an Offer booked through the Platform. This contract may be used at the discretion of the Entertainer and Booker, and we are not a party to this contract.

Booking Fee means the total amount payable by the Booker for a Booking, including the base performance fee and any inclusions to the Booking Fee as agreed in the Final Offer, including but not limited to travel time, extended performance time, additional performers, on-stage equipment rental, and any other services directly related to the on-stage performance, as agreed between the Entertainer and the Booker. The Booking Fee does not include any Additional Expenses set out on the Final Offer. 

Consequential Loss includes any consequential loss, special or indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise. However, your obligation to pay us any amounts for access to or use of our Services (including our Platform) will not constitute “Consequential Loss”.

Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or us or you or otherwise.

Offer has the meaning given in clause 2.1.

Offer Listing has the meaning given in clause 2.2.

Personal Information means any information or opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a tangible form or not.

Platform means our cloud-based platform that we provide you with access to as part of the Services.

Services means the services we provide to you, as detailed in clause 6.1.

Venue means the location where the Booking is to be provided by the Entertainer, as set out on the Platform or otherwise agreed between the Entertainer and the Booker.

Your Data means the information, materials, logos, documents, qualifications and other intellectual property or data supplied by you and your Authorised Users when receiving our Services or stored by or generated by your use of our Services, including any Personal Information collected, used, disclosed, stored or otherwise handled in connection with our Services. Your Data does not include any data or information that is generated as a result of your usage of our Services that is a back-end or internal output or an output otherwise generally not available to users of our Services.