Signatories needing to pay a booking deposit – use the form here…
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 and go through the payment process.
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.
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.
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 at the bottom…
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 (and / or its related entities). “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.
1.1 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 / She 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.
- 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.
- 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 data in relation to the Event, as directed by Prom;
(e) Act honestly and responsibly in carrying out his / her 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.
- Planning the Event
4.1 Prom will design a list of inclusions for the Event, which specifies “essential” and “optional” items. Essential items are determined by Prom and cannot be amended by the Signatory. Optional items may be incorporated into the event for the Event at the discretion of the Signatory.
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, and which Prom will assess and provide reasonable accommodations or refusals as the case may be.
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.
- Ticket Sales
5.1. The Signatory must provide details, relevant to ticket sales, 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.
- Payment for the Event
6.1. The Signatory agrees that he/she will be responsible for guaranteeing payment for the Minimum Ticket Sales Amount.
6.2 The Minimum Ticket Sales Amount must be achieved by the date set out on Page 3.
6.3 If the Minimum Ticket Sales are NOT achieved by close of business on the specified date, the balance or shortfall is payable to Prom by the Signatory at that time.
6.4. The instalment dates set out above may be varied by written agreement between Prom and the Signatory.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. Any initial booking deposit paid by the Signatory to Prom will be refunded in full upon ticket sales achieving the Minimum Ticket Sales Amount.
6.9. 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.
6.10 Any initial booking deposit paid to Prom by the Signatory at the time of signing of this agreement, in the event of a shortfall caused by failure of achievement by the Signatory in respect of Minimum Ticket Sales, shall be forfeit, either fully or in part as may be necessary, towards the required satisfaction of such shortfall.
- 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 either Prom, the Venue or any bona-fide government agency having appropriate jurisdiction.
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.
- 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, and offer to the Signatory, 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 and refund to ticket purchasers such fees as may be due them under such circumstances.
- 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. The 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, and for whatever period of time may be reasonably needed to close off and affect such cancellation, at the rates specified below (excluding GST).
|Position||Rate per hour or part thereof|
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 but after 24 hours has elapsed since signing of it, 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.
(% 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 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.
- 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.
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.
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.
The Booking Agreement is governed by the law of the State or Territory within which it was signed. The parties to the Booking Agreement agree to submit to the non-exclusive jurisdiction of the courts of that same State or Territory.
Force Majeure (Contracts):
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 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.
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.