Prom Night Events

Signatory Application

So! Either you’ve been asked by the students to act as the Signatory on the Booking Agreement for their prom, 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.

If the school is a government school, it is not a legal entity, but part of a larger entity – the state Government. In the absence of the state Government being an appropriate party to the Booking Agreement, we require an individual to be the Signatory to the Booking Agreement and to take on the legal responsibilities that role requires in person.

If the school is a non-government school, it may be operated by a legal entity. This entity may be the Signatory to the Booking Agreement. However, the Booking Agreement must be signed by a person with the appropriate authority to bind the entity in accordance with the law.

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);

2. Be a non-School Official (Parent, Grandparent, Legal Guardian or Family Member) over the age of 35 years;

3. Provide photographic identification that proves your identity and date of birth on request; and

4. Not be subject to any other 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: You are not required to attend the event if you do not wish to, If you wish to attend, you may do so as a guest at the same ticket price, or the specially negotiated price according to the contract. If you decide to attend as a guest at the event, you will have no responsibilities on the night.

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: Unless you contributed to the damage, Prom imposes no liability on you whatsoever. We have set security procedures and insurance policies in place to protect against these sorts of misadventures.

Q: As the Signatory, what duty of care do I have in respect of the safety of guests attending the event?

A: You are only required to be a responsible guest at the event and not to engage in any conduct which might risk the safety of other guests. Other than that, we will work with the venue to jointly ensure that safe procedures are followed on the night.

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 stipulates a price per ticket of $120 and 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.

We will help you monitor ticket sales throughout the year and try to spot these shortfalls well before they become a real problem. We will also work with you to identify a venue for the event, which requires a guaranteed minimum that your school may easily meet and provide you with custom-designed software and web access to on-line resources that make the process of selling tickets very easy. However, we can’t sell the tickets for you, so you must familiarise yourself and remain on top of this part of the process from the date you sign the Booking Agreement to the date of the event.

If, at any time, it becomes clear to us that there will be a shortfall in ticket sales, we will attempt to re-organise 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.

Q: As the Signatory, what other responsibilities will I have?

A: From the time the booking is confirmed, we will liaise with you about any other matters for which you are responsible, including, for example, signing paperwork and making payments. If you are working with a student or parent committee, we will, with your authority, confirm the smaller details regarding the event with the committee (for example, we might confirm package inclusions and music and lighting preferences)

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.

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)…

Definitions:

“Booking Agreement” means this agreement for the provision of the Services to the Signatory. “Conditions of Entry” means the document entitled “Conditions of Entry”, which sets out the terms on which persons are allowed to attend the Event. “Event” means the function in respect of which the Services provided under this Booking Agreement have been purchased. “Minimum Ticket Sales Amount” means the sum of the minimum number of tickets required to be sold multiplied by the agreed ticket price, in accordance with clause 3. “Outgoings” means the total disbursements payable by Prom in connection with the Event. “Prom” means The School Formal Show Pty Ltd, ABN 84134692229, trading as Prom Night Events. “Services” means the event planning and management services provided by Prom to the Signatory in relation to the Event pursuant to this Booking Agreement. “Signatory” means the person/s or entity that has signed this Booking Agreement. “Venue” means the chosen or suggested location or venue for the Event.

1. Agreement

1.1 The Signatory confirms that, in relation to this Booking Agreement:

(a) Prom provided the Signatory with an opportunity to seek advice in respect of the obligations of the Signatory;

(b) Prom provided the Signatory with the opportunity to negotiate and amend the Terms and Conditions;

(c) He fully understands the obligations and agrees to pay the consideration in clause 6.1 for the Services;

(d) This Booking Agreement reflects the agreement reached between Prom and the Signatory concerning the Event and the terms and conditions under which Prom will provide the Services.

2. Prom’s Obligations

2.1 In consideration for the Minimum Ticket Sales Amount, Prom will:

(a) Provide the Services;

(b) Provide reasonable web access to manage certain features of the Event including to monitor ticket sales;

(c) Act as an intermediary between the Signatory, the Venue and third party suppliers in connection with the Event;

(d) Facilitate tickets for the Event and provide event confirmations to the Signatory once ticket sales have closed.

(e) Provide the Signatory with access to an employee of Prom every day including weekends from the date of this Booking Agreement until the date of the Event.

3. The Signatory’s Obligations

3.1. The Signatory must:

(a) Ensure sufficient tickets are sold to achieve the Minimum Ticket Sales Amount;

(b) Make him/herself available as a point of contact for Prom prior to, during and after the Event;

(c) Provide Prom with up to date contact details;

(d) Upon request, provide Prom with directions and data in relation to the Event, including relevant choices in respect of event features, as directed by Prom;

(e) Act honestly and responsibly in carrying out its obligations under this Booking Agreement;

(f) Act in accordance with the reasonable directions of Prom;

(g) Ensure that Prom’s Conditions of Entry are available to all persons who will attend the Event.

3.2. If the Signatory cannot be available as a point of contact for a defined period, the Signatory must nominate another person to be a point of contact, in writing, and that person will be deemed to be acting with the full authority of the Signatory.

4. Planning the Event

4.1 Prom will generate a package for the Event, which specifies “essential” and “optional” items. Essential items are determined by Prom and cannot be amended by the Signatory. An example of an essential inclusion may be SECURITY or DISC JOCKEY. Optional items may be incorporated into the package for the Event at the discretion of the Signatory. Examples of optional items are BALLOONS, or, FLOWERS.

4.2 When ordering optional items for an Event, Prom requires written instructions. Any requests to vary, remove, or add an optional item must be provided in writing by the Signatory. Prom reserves the right to refuse a request for an optional item.

4.3 All inclusions for an Event must be coordinated with Prom. The Signatory must not make his/her own arrangements in respect of any of the essential or optional inclusions for the Event. If the Signatory wishes to hire services for the Event independently, the Signatory must first seek Prom’s consent, in writing, which will not be unreasonably withheld.

4.4 From time to time Prom may be required to alter certain inclusions for the Event, including optional inclusions that have been individually negotiated with the Signatory. Wherever possible, Prom will accommodate the Signatory’s request for optional inclusions, however, Prom reserves its right to remove, vary or replace an inclusion if it considers that it is necessary to do so.

5. Ticket Sales

5.1. The Signatory must provide the details requested by Prom in relation to the Event in a timely manner as directed by Prom.

5.2 Prom will provide the Signatory with web access to software designed to facilitate the collection and input of data and payment relevant to the Event, including, the guest details, seating allocation, menu selections, running order and music suggestions. The Signatory must notify Prom immediately he encounters any difficulty in using the software as this may cause a delay to ticket sales or any other feature of the Event. Prom will not be responsible for any delays caused by a failure of the Signatory to advise of any such difficulties.

5.3 The Signatory will familiarise himself with the software on grant of access.

5.4 Prom will not be required to provide assistance to the Signatory in respect of marketing and ticket sales by any method other than the online ticket sales method provided to the Signatory by Prom.

6. Payment for the Event

6.1. The Signatory agrees that he/she will be responsible for guaranteeing payment for the Minimum Ticket Sales Amount. The Minimum Ticket Sales Amount is payable in the following instalments, if not achieved via online direct ticket sales:

For events in February to July

Initial Booking Deposit due on or before Receipt of signed Booking Agreement.

Remaining Balance due on or before 30 days prior to the date of the Event.

For events in August to October

Initial Booking Deposit due on or before Receipt of signed Booking Agreement.

50% of Balance of Minimum Ticket Sales Amount due on or before 60 days prior to the date of the Event.

Remaining Balance due on or before 30 days prior to the date of the Event.

For events in November and December

Initial Booking Deposit due on or before Receipt of signed Booking Agreement.

50% of Balance of Minimum Ticket Sales Amount due on or before Final day of gazetted NSW School Term 2.

Remaining Balance due on or before Final day of gazetted NSW School Term 3.

6.2. The instalment dates set out above may be varied by written agreement between Prom and the Signatory.

6.3. The Signatory agrees that he will be responsible for paying any shortfall between the moneys raised through the number of tickets actually sold and the Minimum Ticket Sales Amount.

6.4. Prom is not responsible for promoting ticket sales for the Event. The Signatory will do all things necessary to promote the Event and achieve the Minimum Ticket Sales Amount.

6.5. Subject to clauses 8 and 9 of the Booking Agreement, the Signatory acknowledges that all payments made to Prom, including those as a result of the Signatory paying for any shortfall, are non-refundable, except as mentioned below in 6.6.

6.6. Any initial booking deposit paid by the Signatory to Prom will be refunded in full upon ticket sales achieving the Minimum Ticket Sales Amount.

6.7. Prom may offer discounted or cost-free tickets to teachers or organisers of the Event. Any offer of this type is subject to the Minimum Ticket Sales Amount being achieved.

7. At the Event

7.1. The Signatory agrees that, notwithstanding any terms agreed to in respect of the Event:

(a) the Venue may:

(i) move the Event to another location at its discretion;

(ii) alter the content of menus.

(iii) refuse admission or service to any person;

(b) the Event must take place between 19:00 hours and 24:00 hours on the Event date, unless a later commencement time and/or earlier finish time is agreed to in writing.

(c) access to the Venue may be restricted one hour after the agreed start time of the Event and any persons arriving after that time may be refused entry.

(d) either the Venue or Prom may refuse entry to or direct a person to leave the Event;

(e) the Event may be cancelled while in progress if it is deemed necessary by Prom.

7.2. The Signatory acknowledges that any action taken by Prom or the Venue for the above mentioned purposes will not be taken to constitute breach of the Booking Agreement giving rise to a right to termination or compensation for any loss or damage the Signatory, or any other person, may suffer as a result.

8. Termination of the Booking Agreement by Prom

8.1. Prom may terminate this Agreement and cancel the Event if the Signatory or anyone acting under the authority of the Signatory in relation to the Event is in breach of this Booking Agreement and, despite seven days’ notice to remedy the breach, the Signatory fails to do so.

8.2. Prom may terminate this Agreement and cancel the Event in the event that:

(a) There is a significant change in the overall cost of the event once the Minimum Ticket Sales Amount has been established;

(b) The Venue withdraws from the Event;

(c) There is any threat to the safety of persons, staff, the Venue, the Venue’s property, or the commercial reputation of Prom.

8.3. In the event of termination of this Agreement and cancellation of the Event by Prom, Prom will:

(a) Consider reasonable alternatives to termination of this Agreement and cancellation of the Event;

(b) If termination is not the consequence of default by the Signatory, refund to the Signatory any monies paid by it to Prom and which are recoverable by Prom.

9. Termination of the Agreement by the Signatory

9.1. If the Signatory terminates the Booking Agreement within 24 hours after entering into the Booking Agreement, Prom will refund the initial deposit to the Signatory. If the Booking Agreement is terminated by the Signatory at any time thereafter then the deposit will not be refunded unless the event proceeds and Minimum Ticket Sales Amount is achieved.

9.2. TThe Signatory acknowledges that on entering into the Booking Agreement and payment of the initial deposit, Prom will commence providing the Services thereby incurring a cost to Prom. If the Signatory terminates the Booking Agreement, Prom will apply charges for work carried out up until the time of the cancellation at the rates specified below (excluding GST).

Position Rate per hour or part thereof

Event Manager $90.00

Senior Director $195.00

9.3. The Signatory may only terminate the Booking Agreement and cancel the Event by giving notice to Prom in writing.

9.4 If the Signatory terminates the Booking Agreement before the Event, the Signatory must pay Prom a percentage of the Minimum Ticket Sales Amount in accordance with the following table less any instalments that have already been paid.

Termination

Signatory’s Liability (% of Minimum Ticket Sales Amount)

Less than 90 days but more than 60 days before the Event 50%

Less than 60 days before the Event 100%

9.5 Within fourteen (14) days of receipt of the payment referred to in clause 9.4, Prom will issue the Signatory with a final invoice for the following amounts:

(a) Non-Refundable deposits paid by Prom to the Venue or other third party suppliers in connection with the Event;

(b) Amounts which are not yet due but which will be due and payable by Prom to the Venue or other third party suppliers in connection with the Event where those amounts:

(i) Cannot or will not be refunded to Prom; or

(ii) Cannot or will not be applied against any other Event.

(c) A sum, which, in the reasonable opinion of Prom, reflects the time, spent carrying out work to provide the Services to the Signatory up to and including the date of termination by reference to the table in clause 9.2, above; and

(d) If the Signatory terminates the Agreement within fourteen (14) days of the Event, an amount equivalent to the difference between the Minimum Ticket Sales Amount and the Outgoings for the Event.

9.6 Amounts Amounts that the Signatory has already paid Prom, including payment in accordance with subclause 9.4, will be applied against the final invoice. The Signatory will be refunded any overpayment. If there is any excess owing to Prom, this must be paid by the Signatory within seven (7) days of the date of the invoice.

10. Representations and warranties

The Signatory acknowledges that Prom excludes from this Booking Agreement all representations and warranties that are not expressly set out herein, except such warranties that are specifically implied in law and which may not be so excluded.

11. Liability

Prom’s liability for damages pursuant to any claim by the Signatory, or, any person attending the Event for loss or damages arising from the Services will be limited to the Minimum Ticket Sales Amount. The Signatory hereby releases Prom from liability for loss or damage in relation to claims that in aggregate exceeds the Minimum Ticket Sales Amount.

12. Insurances

Generally, Prom will take out the insurances required for the Event, however, if Prom deems it necessary that the Event be covered by an additional insurance policy to cover a specific risk then the Signatory will be required to take out such insurance policies as recommended by Prom.

13. Jurisdiction

The Booking Agreement is governed by the law of New South Wales. The parties to the Booking Agreement agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

END Sample Terms and Conditions.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s