TERMS & AND CONDITIONS

Booking any service with Deadly Ed Pty Ltd constitutes your acceptance of these terms and conditions and any additional terms of conditions provided. WHEREAS the Client(s) are desirous in booking Deadly Ed Pty Ltd as the official cultural educator to undertake their workshop/session and whereas the parties here to are desirous in recording such agreement in writing; and NOW THEREFORE the parties agree as follows:

1. INTERPRETATION

1.1 It is agreed that this contract is entered into between Deadly Ed Pty Ltd and the Client(s) and it is further agreed that Deadly Ed Pty Ltd shall be the sole cultural educator of the day.

1.2 These terms constitute the whole agreement between the
parties and the due performance of the contract is subject to the terms below.
The terms as set out herein will take precedence over any other terms, conditions and/or stipulations contained in any of the Client(s) documentation and any agreement and/or term purporting to vary or novate the terms of this agreement, or any consensual cancellation valid unless reduced to writing and signed by the Client(s) and the Planner.

2. DEFINITIONS

The following words or expressions shall carry the meanings assigned thereto:

2.1 “Contract” means these standard terms and conditions, together with any and all Annexures, which is to be read together as one contract and will be considered as one document, all of which will have the effect of a legal and
binding agreement between the parties. Agreement shall be construed accordingly.

2.2 “Workshop/session” means the program as selected by the Client(s)

2.3 “Client(s)” means the undersigned person(s) herein below, their representatives, successors, assigns, agents and affiliates.

3. PAYMENT TERMS AND BOOKING FEE

3.1 Final numbers to be confirmed prior to the quotation being accepted and invoiced to the Client(s). Note, any additional numbers will incur a cost prior to the workshop/session being held.

3.2 Upon acceptance and receipt of the quotation, an invoice will be sent for payment. This fee secures the date, time and services of Deadly Ed Pty Ltd and is not refundable in the event of cancellation, it being the agreed loss suffered by Deadly Ed Pty Ltd due to cancellation.

3.3 No date will be booked until the invoice has been paid in full. Unless an agreement has been confirmed with Deadly Ed Pty Ltd.

3.4 Late payments will incur a 10% fee per month on the total invoice amount.

4. CANCELLATION AND CHANGES

4.1 The Client may cancel this contract at any time by giving written notice to Deadly Ed Pty Ltd but in doing so shall forfeit the amount paid. Any cancellation within 30 days will incur a 50% fee of the total cost and with 14 days will incur a 75% fee of the total.

5.FORCE MAJEURE OR ACT OF GOD

5.1 The due performance of this contract is subject to alteration or cancellation by either party owing to any cause beyond their control. In such an event Deadly Ed Pty Ltd will not be liable to the Client(s) and/or any further person in respect of any loss and/or damage of whatsoever nature caused by, or arising from any of the following circumstances:

5.1.1 Force majeure (Acts of God); ie–weather, as in rain, thunderstorms or lightning that has damaged anything.

5.1.2 The loss, damage, destruction or theft of any property on the venue;

5.1.3 Any act or circumstance, save for gross negligence by Deadly Ed Pty Ltd, causing the loss, damage, destruction, theft and such other related events.

5.1.4 Loss or damage resulting from or related to the use of any equipment on the venue, including but not limited to furniture, cutlery and crockery, sound equipment and photographic equipment or technical failure thereof.

6.LIMITATION OF LIABILITY & INDEMNITY

6.1 In the unlikely event of Deadly Ed Pty Ltd being unable to attend to the workshop/session due to any cause beyond their control control, responsibility and liability of Deadly Ed Pty Ltd is limited to the return of all payments received for the workshop/session.

7.DISPLAY

7.1 The Client(s) hereby permit and allow Deadly Ed Pty Ltd to display any images/videos covered by this contract and to generally promote the business by means of advertising, publicity material, websites, exhibitions, competitions, magazine articles, and other such media, providing that the images are used lawfully and without damage to the Client(s).

7.2 It is specifically agreed that the Material may be used on Facebook, Instagram and / or such other social media forums as is desired, and that the Clients’ may be tagged, or otherwise identified, unless otherwise agreed in writing.

8. ON THE DAY

8.1 Sole Rights: Deadly Ed Pty Ltd shall be the sole cultural educator of the day at the venue(s) specified.

8.2 Educators of the school/organisation need to be actively present and monitor students’ behaviour on the day to ensure Deadly Ed Pty Ltd are able to carry out cultural education with limited disruptions.

If Deadly Ed Pty Ltd feel the behaviour is in anyway disrespectful or ill-mannered, we have the right to leave the premises. Deadly Ed Pty Ltd reserves the right to terminate
services at any time, with immediate effect, if any misconduct occurs.

Misconduct includes, but is not limited to, abuse, racism, disrespect or damage
towards our team or property. In such cases, all monies paid will be forfeited
with no refunds.

8.3 Travelling Expenses: All quotes and invoice will incur a travel fee, depending on the location of the Client(s).

9. BREACH

9.1 The Client(s) agree and acknowledge that in the event of them breaching any condition contained in this document, then Deadly Ed Pty Ltd shall without prejudice to any other remedies which they may have in law, be entitled to summarily cancel this contract with the Client(s) without notice to the Client and to repossess those Materials already delivered to the Client(s); or to claim specific performance of all of the Client’s obligations whether or not such obligations would otherwise have fallen due for performance.

9.2 Furthermore, In the event of the Client(s) breaching any condition contained in this document, the Client(s) consents to the payment of all legal costs, including the payment of collection commission and tracing agent’s fees, should the Planner have to institute legal action against him/her, on the scale as between attorney and client.

10. GENERAL

10.1 The headings of the clauses in this Agreement are for the purpose of convenience and reference only and shall not be used in the interpretation of nor modify nor amplify the terms of this Agreement nor any clause hereof.