General Terms and Conditions
Ritzy Group Pty Ltd trading as “Ritzy Entertainment” (ABN 44 150 073 064) owns, operates and provides its Services subject to the following terms and conditions of use.
In these Terms of Conditions:
- “Contracted Personnel” or “performer” means Ritzy Entertainment’s contracted performers and musicians;
- “Ritzy Entertainment”, “us”, “we”, and “our” means Ritzy Group Pty Ltd trading as “Ritzy Entertainment” (ABN 44 150 073 064), its director/s, employees and agents, related parties, contractors, its subsidiaries, its holding companies or subsidiaries of such holding companies;
- “Event” means the event that you have engaged Ritzy Entertainment to perform and attend at;
- “Services” means the entertainment services provided by Ritzy Entertainment from time to time at your Event;
- “Service Fee” means the agreed fee paid by you for the Services by Ritzy Entertainment;
- “You” “you” and “your” refers to anyone who uses and/or engages Ritzy Entertainment on your behalf for your Event and who accepts these Terms and Conditions.
By using Ritzy Entertainment for your Event you agree you have read, understood and agree to be bound by these Terms and Conditions and you acknowledge that Ritzy Entertainment agreeing to perform and attend your Event and provide the Services is only on the condition that you agree to be bound to these Terms and Conditions.
Ritzy Entertainment reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by providing you with the amended Terms and Conditions. We may revise these terms from time to time. The revised terms will take effect when Ritzy Entertainment has provided them to you and your continued usage of Ritzy Entertainment for your Event after any changes to these Terms and Conditions will mean you accept those changes.
FEES AND PAYMENTS
The Service Fee is firm and is not subject to any variation except in the event of a change in your requirements. In this case, a revised fee may be determined by negotiation between you and Ritzy Entertainment.
Any payments you make to Ritzy Entertainment are protected by our 100% money-back guarantee in the event of a non-performance, no appearance or you’re not satisfied that Ritzy Entertainment has delivered its services in accordance with these terms and conditions.
The Service Fee for your event will be outlined in your quote.
For events booked more than 6 months of the event date:
A deposit of $100 is due to secure your date.
50% of the service fee is due 6 months prior to your event.
The balance of the service fee is due one month prior to your event.
For events booked within 6 months of the event date:
A deposit of 50% is due to secure your date.
The balance of the service fee is due one month prior to your event.
See your invoice for a detailed payment schedule.
Please note: Your event is tentatively booked until a deposit is received.
Bank Transfer (preferred)
Account Name: Ritzy Entertainment
BSB: 805 050
Account Number: 102 174 873
Please use your name and the date of your event as the reference.
Part payments are accepted.
Please advise if you wish to pay by cash at the time of booking. Cash payments require a 50% deposit regardless of the date of the event.
The balance of your account will be due on the day of your event prior to the performer/s commencing.
Personal cheques are not accepted.
Some organisations (such as sporting clubs or schools) may pay by cheque upon prior arrangement only.
Please advise if you wish to pay by cheque at the time of booking.
You may ask the performer/s to stay on past the original booked completion time. In this case, additional time will be charged at $150 per hour (or part thereof) for each performer and will be paid in cash to the performer prior to the additional time commencing.
Additional time will be at the discretion of:
The venue, as they may have strict closing times, and;
The performer, as they may have other commitments after your event.
Cancellations must be notified in writing.
If you cancel your booking you agree to forfeit (or compensate) to Ritzy Entertainment any amount of the Service Fee you have paid to date.
In the event of cancellation within thirty (30) days of the booking, the full Service Fee will be payable.
A refund of any amount of the service fee due to cancellation will only be considered if an alternate booking can be made for the same date.
In the event of a default by you on the purchase of the Services, Ritzy Entertainment reserves its right to terminate and/or suspend (at its discretion) the proposed performance of the Services to you. In the event of late payment you acknowledge there will be interest incurred, along with any debt collection costs added to your account. Any discounts and complimentary services will be forfeited in the event of late payment.
Travel is not charged for venues within 35kms of the Adelaide CBD. This covers an approximate area from Seaford to Munno Parra to Mt Barker.
Venues outside of this area are subject to a modest travel charge.
Venues more than 120kms or 2 hours from the Adelaide CBD will require accommodation. An accommodation charge of $250 will be payable with your deposit to cover the cost of a hotel room. Any difference between the hotel booking and the accommodation charge will be credited towards your service fee.
All events in the CBD and at major hotels will incur a $20 car parking charge added to your account.
You have engaged Ritzy Entertainment to perform the agreed services at your event.
Our promise to you:
Ritzy Entertainment agrees to provide the services at your event:
(a) in accordance with any reasonable instructions issued by you;
(b) with due skill and care;
(c) in a manner which is in the best interests of you and your Event requirements (including in respect of your Event’s dress code); and
(d) in accordance with all applicable legislation, regulations, rules and professional standards.
Ritzy Entertainment agrees to meet with you at agreed times to discuss the requirements for your Event and Ritzy Entertainment’s provision of the Services.
While every effort will be made to accommodate your requests, Ritzy Entertainment has the right to assign any of its Contracted Personnel to perform the Services at your Event at its own discretion and without notice to you.
Ritzy Entertainment agrees to perform the Services to the best of its ability, but accepts no responsibility for unforeseen circumstances that may prevent it from performing the Services, including (but not limited to) equipment failure, power outages, illnesses, inability and unavailability of its Contracted Personnel to attend and perform the Services at your Event and/or any other situation where the Services performed are held not to be acceptable by you. Ritzy Entertainment’s liability in any such circumstance will be limited to an amount equal to the Service Fee paid by you.
If for any reason, Ritzy Entertainment is unable to honour your Event at the agreed time, Ritzy Entertainment will use reasonable endeavours (at its own discretion) to ensure the relevant Services are honoured by a comparable service at the agreed time/date or will otherwise refund any amounts paid by you.
Your promise to us:
You agree to be responsible for monitoring the behaviour of patrons and guests at your event.
You agree to provide the performer with a minimum area approximately 2 metres wide by 2 metres deep with power close by to set up equipment, and to provide suitable access to this area. Please note that heavy equipment (such as subwoofers) cannot be used in venues with stair access only due to OH&S policy.
You agree to provide any of the Contracted Personnel attending your Event with appropriate and sufficient food and beverages for the duration of the Event. Most venues will provide meals to performers for a reduced rate.
You acknowledge that Ritzy Entertainment and its Contracted Personnel may not be able to play past the designated closing time of your Event.
You agree that you will be at all times responsible for obtaining any necessary consents associated with the Event’s host venue for Ritzy Entertainment’s Services and Ritzy Entertainment will not be liable for any loss whatsoever resulting from a failure to perform the Services on the basis of the Event’s host venue refusal to allow the Services to occur.
You also agree to advise of any issues that may prevent Ritzy Entertainment from performing at your Event as soon as you become aware of any such issues. You further agree to indemnify Ritzy Entertainment and that you are liable for any loss suffered as a result of your failure to notify Ritzy Entertainment of any such issues or if Ritzy Entertainment has suffered any loss associated with your Event.
You agree to ensure that the proposed venue and/or site for your Event is safe and appropriate for Ritzy Entertainment to perform its Services. Ritzy Entertainment is able to immediately cancel any of its Services if (at its own discretion) it deems any venue/site is unsafe or unsuitable for its Contracted Personnel to perform. Outdoor performances must be sufficiently sheltered from the weather.
You agree to obey all reasonable written and verbal instructions given by Ritzy Entertainment and its Contracted Personnel without objection in respect of the Services.
You agree that you will be responsible for any damage to Ritzy Entertainment’s equipment or injury to its Contracted Personnel caused at your Event.
You acknowledge that Ritzy Entertainment may take images and/or video of you using Ritzy Entertainment at your Event. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide Ritzy Entertainment a royalty free nonexclusive licence to use any such images for our marketing purposes. We respect that you may not wish for photos to be posted on social media before you have uploaded photos yourself, please advise us if this is the case and we will work with you to find a suitable outcome.
Any photographs, videos or sound recordings taken by you must be for personal use only and must be taken legally.
Any use, reuse or production for commercial purposes without the express written consent of Ritzy Entertainment is strictly prohibited.
Images of people, places and/or products posted on Ritzy Entertainment’s website are either the exclusive property of Ritzy Entertainment or are used herein with the express permission of Ritzy Entertainment. Unless otherwise noted, all content included on Ritzy Entertainment’s website is the property of Ritzy Entertainment or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws Any unauthorised use of any content or materials on Ritzy Entertainment’s website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on Ritzy Entertainment’s website can be made only with the prior written and express authorisation of Ritzy Entertainment. Please note that Ritzy Entertainment reserves all of its rights in this regard.
From time to time Ritzy Entertainment may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to Ritzy Entertainment using your email address to send you Ritzy Entertainment newsletters or product or service information updates (as applicable). Ritzy Entertainment may also use your email address to send updates to you from time to time about changes to Ritzy Entertainment’s products and services.
CONDITIONS OF SALE
The Services may only be purchased and delivered through consultation with Ritzy Entertainment’s staff (unless otherwise agreed in writing with Ritzy Entertainment).
You acknowledge that Ritzy Entertainment will offer various forms of the Services (including promotional offers) from time to time and that these are subject to change.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order to ensure that these Conditions of Sale have not changed.
Ritzy Entertainment reserves the right to accept or reject your order for the Services for any reason, including, without limitation, an error in the product description or the price quoted for the Services, the availability of the Services or an error in any order for the Services. Your contract with Ritzy Entertainment for the purchase of the Services will only come into existence when Ritzy Entertainment forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment (as set out below) and details of delivery and/or an invoice.
Ritzy Entertainment will provide you with a receipt upon request for any purchase of the Services (invoice).
Either party may terminate this agreement immediately by notice in writing to the other where:
(a) the other party has committed a breach of this agreement and, where that breach is capable of remedy, has failed to remedy that breach within 3 days after receiving notice in writing requiring the breach to be remedied (including any non-payment of the Service Fee by you);
(b) an insolvency event (such as administration, liquidation or bankruptcy) has occurred in respect of the other party; or
(c) the other party ceases business or the Event ceases to proceed (noting the payment terms above in respect of the Service Fee). Otherwise, this agreement automatically terminates on the conclusion of the provision of the Services and/or your Event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Ritzy Entertainment hereby excludes all warranties of any kind to the fullest extent permissible by law in respect of the Services and your Event.
Except to the extent that liability may not lawfully be excluded, Ritzy Entertainment will not be under any liability to you (or any of your officers, agents or employees) for:
- any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of the Ritzy Entertainment, the Services and/or your Event;
- any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the Ritzy Entertainment, the Services and/or your Event.
Any failure by Ritzy Entertainment to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
Further, where the law implies a warranty into these Terms and Conditions which may not be lawfully excluded, Ritzy Entertainment’s liability for breach of such a warranty shall be limited at its option to supplying the Services again or the repayment of any Service Fee paid by you.
For the avoidance of doubt, Ritzy Entertainment shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this Ritzy Entertainment, the Services and/or your Event.
Ritzy Entertainment’s aggregate liability to you for any other losses resulting from use of the Ritzy Entertainment and your Event is limited to the nominal amount of $1AUD.
Your use of Ritzy Entertainment (including any of its Contracted Personnel) is entirely at your own risk. We assume no duty of care to you with respect to your Event or the level of Services you require.
INSURANCES, WORK HEALTH AND SAFETY AND CONTRACTED PERSONNEL
You hereby warrant that you have taken out any relevant insurances required to cover your use of the Ritzy Entertainment and/or your Event.
Ritzy Entertainment will take out and maintain such professional indemnity insurance and public liability insurance in respect of injury and loss arising out of or in consequence of the performance of this agreement.
With the exception of Additional Time, Ritzy Entertainment will be solely responsible for all remuneration and other entitlements payable in respect of the Contracted Personnel (if employed by Ritzy Entertainment) for the Event.
Ritzy Entertainment must comply at its own expense with the requirements of all relevant legislation in respect of the Services and the Contract Personnel and the relationship between the parties to the agreement will at all times remain on a contractor basis.
You will provide a venue for the Event that complies with all relevant workplace health and safety laws.
You undertake to commit to consulting with Ritzy Entertainment regarding all workplace health and safety issues (including any risks and incidents) in relation to the persons performing the Services and/or the Event.
You also agree and acknowledge that Ritzy Entertainment may contact on your behalf any relevant Event or operational staff of any venue where you have engaged Ritzy Entertainment to provide the Services to assist Ritzy Entertainment with providing the Services required.
Ritzy Entertainment is free to accept work with other parties (including work which is similar in nature to the Services and/or at the same time as your Event) during the term of this agreement.
If a conflict arises between your event and one of Ritzy Entertainment’s events, Ritzy Entertainment will within reason:
(a) promptly advise you in writing, concerning the conflict of the Event; and
(b) take whatever reasonable steps it believes required to resolve or otherwise deal with the conflict or potential conflict of interest. For the avoidance of doubt, if Ritzy Entertainment is unable to perform its Services at your Event, due to any conflict with another event, Ritzy Entertainment will only be liable for an amount equal to the Service Fee paid by you.
You agree to defend, indemnify and hold harmless Ritzy Entertainment, our offices, Contracted Personnel, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Services, your Event, Ritzy Entertainment or your breach of any of these Terms and Conditions.
Failure to exercise or delay in exercising, any right, power or remedy does not impair or operate as a waiver of any right, power or remedy. No single or partial exercise of any right, power or remedy precludes its further exercise or the exercise of any other rights, powers or remedies. Any waiver is effective only to the extent that it is in writing.
These Terms and Conditions can only be amended or varied by Ritzy Entertainment at its own discretion and may not be amended or varied in any other manner.
Ritzy Entertainment may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.
You are unable to assign any of your rights in any purchase of the Services without the prior written permission of Ritzy Entertainment.
If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us.