Signatories needing to pay a booking deposit – use the form here…
Open-Deposit-Form
NOTE! This is for Credit Card deposit payments ONLY. Schools using the DET Centralised Payment system using Prom Night Events as an approved supplier should follow the invoice that will accompany the contract when it comes.
Instructions – Below is a “ticket” booking form. We’ve modified this to let you use it as a secure way to pay a booking deposit. Ignore the event date, this is random and has no bearing on the date of your event. Simply choose 1 ticket at $1000 (or $1500 for Luna Park bookings) and go through the payment process.
Close-Form
New Signatories – this part is for you…
Either you’ve been asked by the students to act as the Signatory on the Booking Agreement for their event, or you’ve volunteered to take on that role. Either way, you’re probably a little concerned about what being a Signatory involves. You’re right to be curious. It can be a complex issue.
We’ve listed here the most frequently asked questions that Signatories may have and answers to those questions. We ask that you read all of these before filling out the form to become a Signatory, to ensure that you understand what your responsibilities will be.
Q: As the Signatory, what criteria do I have to meet to be eligible to take on this role?
A: The answer to this question depends on whether the event will be held for students of a government or non government school, and whether that school is supporting the event.
If the school is NOT supporting the event, then it’s easy. You’d be the signatory on your own.
If the school is a government school, it is not a “legal entity”, but part of a larger entity – (the state Government). The state Government probably isn’t going to sign the Booking Agreement we need an individual to be the Signatory to take on that responsibility.
If the school is a non-government school, it may be operated by a board or a management team. This entity may be the Signatory to the Booking Agreement. However, the Booking Agreement must be signed by a person with the authority to do so.
If you are an “individual” Signatory, you must:
1. Be a School Official (Principal, Deputy Principal, Year Advisor, Head of House, Teacher, Bursar or Financial Controller, Administrative Employee); OR be a Non-School Official (Parent, Grandparent, Legal Guardian or Family Member) over the age of 35 years;
2. Provide photographic identification that proves your identity and date of birth (on request); and
3. Not be subject to any other legal impediment, which may prevent you from being a party to a contract.
If you are an authorised person on behalf of a legal entity, you must:
1. Provide us with current proof of registration of the entity (on request);
2. If you are not a director, provide us with proof of your authority to bind the entity (on request);
3. Provide us with a director’s guarantee, (if requested).
Q: As the Signatory, do I have to attend the event, and if I do, what role will I need to play on the night?
A: No! You don’t need to attend. If you wish to attend, you will have no responsibilities on the night at all.
Q: As the Signatory, what liability would I have in the case of any damage to the venue, property or personal injury to anyone attending?
A: None whatsoever!
Q: As the Signatory, what duty of care do I have in respect of the safety of guests attending the event?
A: None whatsoever!
Q: As the Signatory, what liability do I accept in respect of money and ticket sales?
A: The answer to this question is important, as this is where the Signatory’s principal responsibilities rest.
As the Signatory, you agree to accept responsibility for achieving the minimum guaranteed ticket sales. This means that if, for example, your Booking Agreement states a minimum guarantee of 100 tickets to be sold by a given date, and only 90 tickets are sold by that date, as the Signatory, you must pay for the shortfall of 10 tickets.
OUR first job from the start is to help you choose a venue for the event that requires a guaranteed minimum that your group should easily meet. We then provide you with on-line resources that make the process of selling tickets very easy. However, we can’t sell the tickets for you, so you must remain on top of this part of the process leading up to the event. We’ll help you monitor ticket sales throughout the year and try to spot these shortfalls well before they become a problem.
If, at any time, it becomes clear to us that there will be a shortfall in ticket sales, we can help by re-organising some of the inclusions in your package to eliminate some of the cost and get the event over the line without any expense to you if possible.
Q: As the Signatory, what other responsibilities will I have?
A: From the time the booking is confirmed, we will work with you about any other matters that need your input, including, for example, signing paperwork and making choices about certain inclusions (colours, menu items, music etc). If you are working with a student or parent committee, we can include them in those discussions to take pressure off you.
Note! – Before you fill out and submit the form below, you must read the Terms and Conditions (set out at the bottom under the form section), which form part of the Booking Agreement. We want you to be well informed about your responsibilities as a Signatory and to seek further advice if necessary. If you need help understanding the Terms and Conditions, contact us and we will explain the terms in further detail. These terms may change from time to time but they mostly cover the same issues and responsibilities so when you get your booking agreement, double check that too as some of the wording may be different.
Please remember that once you sign the Booking Agreement you will be contractually bound by the Terms and Conditions.
Critical Note:
When you submit this form, if any data is missing or invalid, the data field in question will be marked with a message in RED.
Please re-evaluate the data fields marked RED and resubmit the form with the correct data.
Critical Note:
When you submit this form, if any data is missing or invalid, the data field in question will be marked with a message in RED.
Please re-evaluate the data fields marked RED and resubmit the form with the correct data.
Terms and Conditions for all Prom Night Events (sample – these may vary slightly from time to time but this is the basic form of what you’d see in your paperwork for signing)…
Special COVID-19 Conditions have been added below…
COVID-19 Conditions…
Force Majeure (Contracts):
Introduction:
The World Health Organisation recently declared coronavirus (COVID-19) a pandemic and the situation is rapidly evolving. It is clear that the virus is disrupting all major industries. Implementation of social-distancing and mass-gathering measures by Federal and State Governments has seen a number of events cancelled in Australia as a matter of compliance with newly formed regulations.
As a direct result, supply agreements, and event contracts in particular, require Contracting parties to facilitate sections of contracts to allow for seeking relief of obligations which were not able to be performed due to the impacts of COVID-19, or due to changes in regulations imposed by Governments within which Jurisdictions the contracts exist.
Force Majeure:
Force Majeure clauses relieve a party from performing its contractual obligations due to an event outside the reasonable control of the affected party. As an applicable example…
A venue holds a booking for an Event Manager based on a contract for a time, date and place and an amount of money to be paid for a minimum of 200 guests to attend the event. Likewise the event manager holds a separate contract with his client for the event.
The Government imposes a restriction on mass-gatherings that reduce the venue’s capacity to 50 heads attending. This “prevents” both the venue and the event manager from making good on the terms of their contract with each other. This triggers a Force Majeure event and both parties are released from their contract. All moneys already paid are returned and nothing further is payable either way.
The dissolving of the contract between the venue and the event manager, consequently triggers a Force Majeure event in the contract between the event manager and the client, likewise releasing them from all of their obligations to each other and also likewise, all moneys paid are returned with no further right of claim.
In such a case, the event, as it was contracted, is impossible.
It is necessary when triggering Force Majeure that the instigating party give “notice” the other in writing of that trigger, specifying the exact cause and date of whatever Force Majeure Event took place.
Financial Penalties:
Under Australian (and state & territory) law, only Government bodies (Federal, State & Local) such as government departments, Police, Rangers, Enforcement Officers and of course the Courts, may impose or apply a financial “penalty”.
Corporate entities and individuals do not have the authority to impose or apply a financial penalty. For that reason, as a matter of law, failing to meet obligations under a contract do not allow for the failing party to be financially penalised by another party in the contract for any amount of money.
In practical terms, as it applies to events and event contracts, if an event contract is established and money changes hands between the parties with a reasonable expectation that goods and / or services will be provided for those funds, and the contract is dissolved by the triggering of a Force Majeure event, any money transferred prior to the triggering must be returned to either party. Behaving contrary to this rule would constitute a “penalty” and be therefore illegal. Likewise the obligation to have paid funds entered into by the contract would dissolve with the contract when Force Majeure is triggered, meaning in practical terms that a party expecting funds to come to them as a result of the contract being satisfied shall also have no right of claim for those funds after the triggering.
It is reasonable and just to assume that both parties have an expectation of what may be coming to them as a result of the contract being satisfied, and as such, they each become equally deprived of their expectation when a contract is dissolved by Force Majeure, therefore it would be unjust for one to continue to lay claim against the other subsequent to that.
Definitions (for the purpose of this addendum to a contract):
“Prom, Prom Night, Prom Night Events, PNE, The School Formal Show Pty Ltd” means one and the same thing. All derivatives of the name shall, for the purpose of this document, mean the event entity providing the services to “The Client”.
“The Client, (including the name and / or year group of the school), the organising committee representing a student body, the signatory to this document” means one and the same thing. All derivatives of the name shall, for the purpose of this document, mean the person or entity procuring the services from “Prom”.
“The Venue, (including the name and / or trading logo or business)” means one and the same thing. All derivatives of the name shall, for the purpose of this document, mean the business, person, entity controlling the physical, geographical site providing the “Venue” to “The Client” via “Prom”.
“Contract” and “Agreement” means one and the same thing. Any document or mechanism of law that contains all of the necessary elements of a contract or agreement shall be deemed a “contract”.
“Force Majeure” means the mechanism for dissolving the terms and obligations within a contract.
“Force Majeure Event” means any or several of the following items listed with terminology stated shall be accepted by the parties as being “Force Majeure Events” that would trigger said mechanism within the contract…
• infectious disease, epidemic, pandemic or similar mass-health threat,
• government action, government restriction, new or amended regulation, legislation or national emergency, martial law or similar governmentally imposed event,
• natural disasters, acts of God, acts of war
• any uncontrollable influence, emanating from outside of the contracted parties, that would hold either party completely incapable of satisfying their obligations under the contract.
“Complete Dissolution” means that when Force Majeure is triggered within the contract, all terms, conditions, agreements, obligations and responsibilities within that contract are immediately dissolved. Neither part, nor portion of the entire list of responsibilities or expectations within the contract remain in force at all.
“Financial Penalty” means any amount of money held or expected by either party against the other in respect of the failure of performing or meeting obligations under the contract after Force Majeure is triggered.
“Notice” means the notification in writing from one contracted party to another.
“Prevents, stops, averts, foils, thwarts, preludes, inhibits, counteracts, blocks, halts, ends, discontinues, ceases, terminates, finishes, arrests, concludes” and any other similar word, as it relates to the ability of either party to a contract, unable to meet their responsibilities under that contract, means that a Force Majeure event has rendered the performance of a party’s responsibility under the contract impossible.
END Sample Terms and Conditions.
