Terms and Conditions

EVENT MANAGEMENT / PROMOTIONAL TERMS AND CONDITIONS

1. Application

1. 1.1  All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.

2. 1.2  Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.

3. 1.3  In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.



2. Definitions and Interpretations


2.1


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    3. Basis of the Supply of Event Management Services
        All prices stated by the Company on it’s website, unless specifically stated otherwise, are exclusive of GST which, where applicable, will be separately charged at the appropriate rate.

            5.9 [Where wine is not supplied by the Company, the Company will charge corkage in respect of wine consumed at Events at which its services are provided in accordance with the Company's price schedule for the time being.]

            6. Variation & Amendments
              a) amend any accidental error or omission in a Quotation;
              b) amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company;
              c) vary its schedule of charges from time to time.

                The Company [may] sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the Client. Where the Company sub- contracts the performance of any of its obligations under this Agreement to any person, the Company shall be responsible for the acts or omissions as if it were an act or omission of the Company itself.

                  8.1 If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:-
                  d) Under no circumstances will the deposit be returnable.
                  e) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
                  f) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
                          9. Liability 9.1 Where an Event is cancelled or terminated and
                          [where such cancellation or termination occurs due to reasons which are outside the Company's reasonable control the Company shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to the Company hereunder such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company's overhead as shall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject to deduction of costs incurred in connection therewith reimburse any sums so recovered to the clients.]
                          OR
                          [where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.]

                            10. Force Majeure


                                    12.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.


                                    13. Copyright
                                    13.1 The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

                                    14. Applicable Law and Jurisdiction
                                    14.1 These terms and conditions shall be governed and construed in accordance with Australian and New Zealand law and the parties shall submit to the non-exclusive jurisdiction of the Australian and New Zealand courts.

                                    EVENT MANAGEMENT / PROMOTIONAL TERMS AND CONDITIONS

                                    1. Application
                                    1. 1.1  All Quotations are made and Confirmations accepted subject to the following terms and conditions and no addition to, or variation of, such terms and conditions shall be binding unless agreed by the Company in writing.
                                    2. 1.2  Any Confirmations made with the Company shall constitute unqualified acceptance of such terms and conditions. These terms and conditions shall apply to all Quotations and Confirmations.
                                    3. 1.3  In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Company in writing.


                                    2. Definitions and Interpretations

                                    2.1 In these Conditions:-
                                    “Client”
                                    means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which enters into an agreement for the provision of event management services with the Company;
                                    “Company”
                                    means The Comedy Empire;
                                    “Confirmation”
                                    means the notification made by the Client that they wish the event to proceed. This notification is subject to these terms and conditions;
                                    “Quotation”
                                    means any written Quotation submitted by the Company to the Client; and
                                    “Event”
                                    means the event or events the subject of the Quotation or Booking.
                                    2. 2.2  Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re- enacted or extended at the relevant time.
                                    3. 2.3  The headings in these Conditions are for convenience only and shall not affect their interpretation.

                                    3. Basis of the Supply of Event Management Services
                                    1. 3.1  The Company shall throughout the continuance of this Agreement provide an Event Management Service to the Client.
                                    2. 3.2  The Company will use reasonable care and skill in fulfilling its obligations to the Client.
                                    4. Price
                                    All prices stated by the Company on it’s website, unless specifically stated otherwise, are inclusive of GST which, where applicable, will be separately charged at the appropriate rate.

                                    5. Payment
                                    1. 5.1  The Client shall pay to the Company a booking fee of $1440 prior to the event.
                                    2. 5.2  The Confirmation will only be considered as accepted by the Company once the deposit has been paid and the venue is secured (pre-booked) by the client. The balance of the total price payable shall be paid to the Company prior to the Event.
                                    3. 5.3  All other fees must be paid in full prior to the event.
                                    4. 5.4  Any items stated in the Quotation as "additional" items, out of pocket expenses, disbursements, or any items requested by the Client after the Confirmation has been accepted by the Company must be confirmed by the Client in writing before being actioned by the Company. Any such items will be invoiced by the Company to the Client at the discretion of the Company and payment therefore shall be due within 28 days of the date of the invoice relating thereto.
                                    5. 5.5  The Client shall pay to the Company (including invoices for "additional" items) any amounts due and owing prior to the event.
                                    6. 5.6  The time for such payment shall be of the essence of these terms and conditions. If the Client fails to make any payment on the due date in respect of the price or any other sum due under these terms and conditions then the Company shall, without prejudice to any right which the Company may have pursuant to any statutory provision in force from time to time, have the right to charge the Client interest on a daily basis at an annual rate equal to the aggregate of 2% per cent and the base rate of National Australia Bank (NAB) from time to time on any sum due and not paid on the due date. Such interest shall be calculated cumulatively on a daily basis and shall run from day to day and accrue after as well as before any judgement.
                                    7. 5.7  [No tickets, poster designs, itineraries, web page designs, or other final details with respect to the arrangements relating to any Confirmation will be forwarded to the Client until a booking fee payment has been received in full.]
                                    8. 5.8  If alcohol is supplied by The Comedy Empire or it's staff [Wine purchased by the Client is quoted and charged for on a per case basis. the Client is deemed to purchase any broken cases remaining after an Event and will be charged accordingly.]
                                    5.9 If alcohol is supplied by The Comedy Empire or it's staff [Where wine is not supplied by the Company, the Company will charge corkage in respect of wine consumed at Events at which its services are provided in accordance with the Company's price schedule for the time being.]

                                    6. Variation & Amendments
                                    1. 6.1  If the Client wishes to vary any details of the Confirmation, it must notify the Company in writing as soon as possible. The Company shall endeavour to make any required changes and any additional costs thereby incurred shall be invoiced to the Client.
                                    2. 6.2  If, due to circumstances beyond the Company’s control, it has to make any change in the arrangements relating to the Confirmation it shall notify the Client forthwith. The Company shall endeavour to keep such changes to a minimum and shall seek to offer the Client arrangements as close to the original as is reasonably possible in the circumstances.
                                    3. 6.3  The Company reserves the right to do the following:
                                    a) amend any accidental error or omission in a Quotation;
                                    b) amend any Quotation in order to reflect a change in the circumstances beyond the reasonable control of the Company;
                                    c) vary its schedule of charges from time to time.

                                    7. Sub-Contracting
                                    The Company [may] sub-contract the performance of any of its obligations under this Agreement without the prior written consent of the Client. Where the Company sub- contracts the performance of any of its obligations under this Agreement to any person, the Company shall be responsible for the acts or omissions as if it were an act or omission of the Company itself.

                                    8. Cancellations
                                    8.1 If the Client wishes to cancel the event he may do so at any time by written notice to the Company provided that:-
                                    d) Under no circumstances will the deposit be returnable.
                                    e) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
                                    f) If the cancellation notice is received by the Company not less than 28 days before the first day of the Event, 25% of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
                                    7. g)  If the cancellation notice is received by the Company less than 28 days before the first day of the Event, the balance of the total price payable shall become immediately due and payable to the extent that the same has not already been received by the Company.
                                    8. h)  Any additional costs reasonably incurred by the Company in cancelling any arrangements connected with the Confirmation shall be paid by the Client on demand.
                                    2. 8.2  The Company may cancel forthwith any Confirmation at any time if:
                                    1. a)  the Client is in breach of any of its obligations hereunder;
                                    2. b)  the Client has entered into liquidation (other than for the purposes of a bona fide amalgamation or reconstruction) whether compulsory or voluntarily or compounds with its creditors generally or has an administrator, administrative receiver or receiver appointed over all or a substantial part of its undertaking or assets;
                                    3. c)  the Client has become bankrupt or shall be deemed unable to pay its debts by virtue of Section 123 of the Insolvency Act 1986;
                                    4. d)  the Client ceases or threatens to cease to carry on business;
                                    5. e)  any circumstances whatsoever beyond the reasonable control of the Company (including but not limited to the cancellation, through no fault of the Company, of the venue for the Event) necessitate the cancellation for whatever reason of the Event.
                                    3. 8.3  In the event of cancellation under clause 8.2 the Company shall retain any sums already paid to it by the Client without prejudice to any other rights it may have whether at law or otherwise.
                                    4.
                                    9. Liability 9.1 Where an Event is cancelled or terminated and
                                    [where such cancellation or termination occurs due to reasons which are outside the Company's reasonable control the Company shall be entitled to retain from any sums hitherto received from the Client or which may still be due from the Client to the Company hereunder such costs, expenses and disbursements which it has incurred or for which it shall or may be liable in connection with the Event and such contribution to the Company's overhead as shall be reasonable and shall return any balance to the Client. The Company may but shall not be obliged to take such steps as it shall in its discretion consider reasonable to obtain reimbursement of any such costs and expenses and shall subject to deduction of costs incurred in connection therewith reimburse any sums so recovered to the clients.]
                                    OR
                                    [where such cancellation or termination occurs due to reasons which are within the Company's reasonable control the Company shall refund to the Client any deposit received.]
                                    2. 9.2  Except in respect of death or personal injury caused by the Company’s negligence, the Company will not by reason of any representation, implied warranty, condition or other term, or any duty at common law or under express terms of this contract, be liable for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the Company’s servants or agents or otherwise) in connection with the performance of this contract or with the use by the Client of the services supplied in connection with the Event.
                                    3. 9.3  The Client shall indemnify the Company against all damages, costs, claims and expenses suffered by it arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agent or employees.
                                    4. 9.4  Where the Client consists of two or more persons such expression throughout shall mean and include such two or more persons and each or any of them. All obligations on the part of such a Client shall be joint and several obligations of such persons.
                                    5. 9.5  The Company shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Company's obligations if the delay or failure was due to any cause beyond the Company's reasonable control.
                                    6. 9.6  [If Electrical generators or additional power supplies are required and if the Client does not avail himself of the opportunity of the Company providing an emergency supply (where this is available) the Company shall accept no responsibility for loss or damage howsoever caused as a result of any failure in the primary supply.]

                                    10. Force Majeure
                                    1. 10.1  Neither the Company nor the Client shall be liable to the other or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond either party’s reasonable control:-
                                    2. 10.2  act of God, explosion, flood, tempest, fire or accident;
                                    3. 10.3  war or threat of war, sabotage, insurrection, civil disturbance or requisition;
                                    4. 10.4  acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
                                    5. 10.5  import or export regulations or embargoes;
                                    6. 10.6  strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Company or the Client or of a third party);
                                    7. 10.7  difficulties in obtaining raw materials, labour, fuel, part or machinery;
                                    8. 10.8  power failure or breakdown in machinery.

                                    11. Waiver
                                    1. 11.1  No waiver by the Company of any breach of these terms and conditions by the Client shall be considered as a waiver of any subsequent breach of the same or any other provision. A waiver of any term, provision or condition of this agreement shall be effective only if given in writing and signed by the waiving party and then only in the instance and for the purpose for which it is given.
                                    2. 11.2  No failure or delay on the part of any party in exercising any right, power or privilege under this agreement shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.

                                    12. Severance
                                    12.1 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these terms and conditions and the remainder of the provision in question shall not be affected thereby.


                                    13. Copyright
                                    13.1 The Company reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Company's services or facilities. The Company reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

                                    14. Applicable Law and Jurisdiction
                                    14.1 These terms and conditions shall be governed and construed in accordance with Australian and New Zealand law and the parties shall submit to the non-exclusive jurisdiction of the Australian and New Zealand courts.



                                    WEBSITE TERMS AND CONDITIONS
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