Artist - Terms and Conditions

This agreement sets out the terms on which the artist (‘Presenter, you or your’) will be registered with Cabaret Fringe Association Incorporated (ABN 83 466 717 052) (‘Cabaret Fringe Association Inc., Cabaret Fringe Association Inc., us, our or we’) to participate as an independent artist in the 2022 Cabaret Fringe Association Inc.

  1. Definitions

In this agreement, unless the context otherwise requires:

1.1 Registration and “registration systems” and “management systems” means the Cabaret Fringe Association Inc. Artists & Venue Registration portal at https://cabaretfringefestival.com/artfuel/.

1.2 Content means content you provide in connection with you and your Event, including any related images, audio or visuals, any information in relation to the registration, and any other information, materials or other items.

1.3 Artist means a party that registers an event and takes part in Cabaret Fringe Association Inc.

1.4 Venue means a party who registers a venue for Fringe an is responsible for the management of a venue that contains one or more registered Cabaret Fringe Association Inc. events

1.5 Ticket means a paper or digital proof of purchase to an event.

1.6 Event means your event, concert, production or performance, and includes a Digital or Virtual Event, unless stated otherwise through this agreement.

1.7 Intellectual Property means any intellectual property rights whatsoever, whether registered or not, whether arising now or in the future, on any legal basis and in any jurisdiction, including rights in relation to copyright, patents, inventions, trademark, design, trade secrets, know-how, goodwill, reputation and confidential information.

1.8 Liability means any liability, loss, damage, claim, action, cost, charge or expense (including legal fees) of any kind whatsoever.

1.9 Bespoke Ticketing means a ticket type made specifically for your event that is different to the standard Cabaret Fringe Association Inc. ticket pricing structure.

 

  1. Acceptance

2.1 By submitting an application to register an Event, you agree to be bound by the terms and conditions contained in this agreement.

 

  1. Term

3.1 This agreement is only for the 2022 Cabaret Fringe Association Inc. and ends at midnight on 31 Dec 2022 unless terminated earlier in accordance with clause 21.

 

  1. Registration and Fees

4.1 Registration Fees. All events registering for Cabaret Fringe Association Inc. 2022 are required to pay a ‘Registration Fee’ upon completion of their registration, fees are outlined below.

     $100 minimum per event (includes 1 session)

     $25 for each additional session

     Up to a maximum of $200

     Event = your show

     Sessions = individual performances

4.2 If you cancel your Event, for reason other than outlined in clauses 23 and 24, you understand that your registration fee may only be refunded as per the below dates;

     Up to 31 March 2022: 100% refund

     Up to 10 April May 2022: 50% refund

     Later than this: No refund

4.3 Applications to register an Event may only be made via our registration systems.

4.4 You must provide us with all information, materials, assistance and other specific content as we request in relation to the registration of your Event.

4.5 Cabaret Fringe Association Inc. may decline to register your Event for any reason.

4.6 You are responsible for ensuring that all content is accurate, complete and not misleading or deceptive in any way. We are not liable for any error or omission or other fault in any content you provide to us.

4.7 You may only register one event per registration listing in our registration systems. Each registration will incur a registration fee, payable at completion of the registration process or in accordance with clause 4.8. Cabaret Fringe Association Inc. has the right to query any person we believe may be registering multiple events under one registration and charge them accordingly.

4.7.1 If you are performing your show both in person and online, but all performances contain the same content and you do not need to differentiate between them in your copy these should be included under the same registration and will incur one registration fee, but each of the in-person and virtual elements (excluding live stream) will constitute a separate session for the purposes of clause 4.1 fee calculation.

4.7.2 If your sessions are different in content (whether in person or online) they will need to be registered separately and will incur separate registration fees.

 

  1. Promotional Material

5.1 You agree to include the Cabaret Fringe Association Inc. logo, website and ticketing information as the primary point of ticket sales on all promotional material (including digital, print and social media) created by you for your Event. All promotional material you use in connection with your Event must comply with the Cabaret Fringe Association Inc. Artist and Venue Style Guide available through our website.

 

  1. Listings – Printed Guide and Online

6.1 You acknowledge that content provided to us will be used to publish details of your Event in various printed and digital formats.

6.2 We will provide you with a summary of registration information detailing your Event(s) in the 2022 Cabaret Fringe Association Inc. for publication online and in printed materials as applicable. You agree that you are responsible for reviewing, accepting and confirming the details of your Event information, and any errors, omissions, or other faults in the details and information.

6.3 You may make changes until your registration is complete at which time your show will be locked and edits made unavailable without approval by us. Cabaret Fringe Association Inc. is not responsible for any audience confusion on differing content between print and online listings.

6.4 By submitting content (including still images and/or video) to us for use in relation to your Event through our registration systems you warrant that you have obtained all necessary rights and permissions for the use of that content (including permission in relation to images and/or video) and you indemnify us against any loss suffered as a result of any legal action pertaining to the unauthorised use or publication of the Content, including in connection with any claim that such Content infringes any rights of a third party.

6.5 You will ensure that your Events do not present significantly different content across sessions (with the exception of rotating line-up and variety shows), and generally are in accordance with the description of the Events that you provide to us in the registration details.

   6.5.1 You understand that if you add any sessions (including virtual sessions, but excluding live stream) that take you over the registration fee bracket referenced in clause 4.1 (i.e. you move from three sessions to four) the difference in fee will apply and you will need to pay the difference before we can put the extra sessions on sale.

   6.5.2 You understand that after tickets are on sale, cancelling a session does not reduce your registration fee and any rescheduled sessions (whether in person or online) that take you over the registration fee bracket (including cancelled sessions) will cause you to incur the fee difference. This does not apply to a live-streamed session of a live in person event at the same time.

   6.5.3 You acknowledge that it is your responsibility to monitor how many sessions you have on sale.

 

  1. Venues

7.1 In the case of a venue or space change after 10 April 2022, the new and old venue will display on your web listing. This is applicable in all cases, including presenter choice, or a venue change. You accept that a venue or space change will take a minimum of 3 business days to present correctly online. In the case of a venue/space/time/date change, all ticket holders are eligible for a full refund prior to the Event.
7.2 Where you engage a new venue that is not yet known to us, that venue must register and be approved through our registration systems prior to it being able to be used for your event.

 

  1. Content

8.1 As the publishers of printed and online program content we reserve the right to:

   8.1.1 edit and amend content including any listing details, grammar, images or video that Cabaret Fringe Association Inc. reasonably deems inappropriate for the general audience or that do not reflect the Cabaret Fringe Association Inc. values.

   8.1.2 Refuse to publish any content including text, images or video that Cabaret Fringe Association Inc. reasonably deems inappropriate for the general audience or that do not reflect Cabaret Fringe Association Inc. values.

8.2 Cabaret Fringe Association Inc. reserves the right to not accept as part of your Event registration and related Content, any material:

   8.2.1 that we reasonably consider may insult, humiliate, intimidate, ridicule, or promote or incite hatred based on age, ethnicity, nationality, race, gender, sexuality, religion, disability or any particular community or persons;

   8.2.2 that we consider constitutes or encourages conduct that would be considered a criminal offence;

   8.2.3 that we consider may be considered defamatory language;

   8.2.4 that is, or that we reasonably consider may be, detrimental to or likely to cause damage to Cabaret Fringe Association Inc.’s reputation; or

   8.2.5 that we reasonably consider is otherwise inappropriate for the general audience which the Cabaret Fringe Association Inc. is intended.

8.3 While every individual has the right to expression and Cabaret Fringe Association Inc. offers an open access environment, the intent of some messages and expressions may not suit our public platform, we work to ensure the safety of all participants and our community participating in Cabaret Fringe Association Inc. (see Limitations on Freedom of Expression). On occasion, some work in our programs may be considered extreme and may be deemed unacceptable by the values of our community, if we consider your Event may be deemed unacceptable, we may at our discretion remove it from sale and from the Cabaret Fringe Association Inc. program, however you may decide to continue your Event outside of Cabaret Fringe Association Inc.

8.4 The Department of Human Services have stated to Cabaret Fringe Association Inc. that artists and venues delivering programs to children and/or young people are required to submit a Child Safe Environment lodgement if they deliver programs partly or wholly to children and young people.

   8.4.1 In compliance with the requirements defined by the Department of Human Services in the Children and Young People (Safety) Act 2017 and Child Safety (Prohibited Persons) Act 2016, all contractors, that includes artists, cooperating with Cabaret Fringe Association Inc. and delivering services to children and/or young people will be required to obtain a Working with Children Check (WWCC). https://screening.sa.gov.au/types-of-check/working-with-children-check/who-needs-a-check.

   8.4.2 By taking part in the Cabaret Fringe Association Inc. you recognise you are responsible for promoting the safety and well-being of children, complying with all relevant legislation and obtaining all applicable consents, permits and permissions, including Working with Children Checks where relevant.

8.5 We will endeavour to ensure that Event listings are printed and/or listed on the website in full, however we will not be liable for any errors or omissions.

8.6 Cabaret Fringe Association Inc. may refer local government, councils, press and media participating in the Cabaret Fringe Association Inc. to the primary contact and publicity contacts listed for your Event, in order to facilitate marketing and publicity support and/or further performance opportunities.

 

  1. Intellectual Property

9.1 You agree to grant an irrevocable, royalty and fee free, perpetual licence for us to use any of your Intellectual Property in your Event or other Content for any purpose in connection with the Cabaret Fringe Association Inc., including marketing, promotional, or advertising purposes, including to use, modify, adapt, reproduce, and publish.

9.2 You warrant to the best of your ability that:

   9.2.1 Your Event and all other Content does not infringe any Intellectual Property of any other person. Should Cabaret Fringe Association Inc. be made aware, in writing, of any infringement we reserve the right to halt ticket sales and investigate.

   9.2.2 you own, or have all necessary licenses, authorisations, or other approvals, in order to participate in the 2022 Cabaret Fringe Association Inc. as contemplated by this agreement, including by performing your Event, publishing any Digital Event (if applicable) online, or otherwise publishing any Content; and

   9.2.3 You have the right to grant the licence of your Intellectual Property as contained in this agreement to us.

 

  1. Image use – Photography Videography

10.1 You agree to grant Cabaret Fringe Association Inc. a non-exclusive, irrevocable, perpetual, royalty and fee free licence to reproduce any images taken by official Cabaret Fringe Association Inc. photographers during 2022 Cabaret Fringe Association Inc., to market and publicise Cabaret Fringe Association Inc., unless otherwise stated. Cabaret Fringe Association Inc. will endeavour to:

   10.1.1 Make every attempt to notify Artists of the Photographers attendance and activity prior to session.

   10.1.2 Where applicable, book photographers in advance via an allocated Media or Photographer Ticket (max. 2 ticket per event, per season).

   10.1.3 Acknowledge the artist or event and photographer, with reference to your inclusion in the 2022 Cabaret Fringe Association Inc.

10.2 You agree that Official Cabaret Fringe Association Inc. Photographers may capture photography and/or videography content at Official Cabaret Fringe Association Inc. produced events.

10.3 You grant permission for Official Cabaret Fringe Association Inc.photographers to fair use of images for use in portfolios print & digital with acknowledgement of the artist or event and photographer, with reference to your inclusion in the 2022 Cabaret Fringe Association Inc.

10.4 Exclusions to Official Cabaret Fringe Association Inc. photographers at your event must be made in writing prior to your season to marketing@adelaidefringe.com.au and contain your official event name, URL link and primary contact details.

10.5 Every attempt will be made to credit artists captured at Cabaret Fringe Association Inc. produced events, outside of their official registered event(s).

10.6 You agree Cabaret Fringe Association Inc. and accredited media have the right to use Content including still images and video content uploaded for the 2022 Cabaret Fringe Association Inc. marketing campaign, always and only with reference to your Event and its inclusion in 2022 Cabaret Fringe Association Inc.

 

  1. Selling Tickets

11.1 We will conduct the exclusive sale, distribution and issue of all tickets for your Event(s) ticket sales (Ticket Sales) through Cabaret Fringe Association Inc.’s ticketing system, unless your venue has a prior agreement with Cabaret Fringe Association Inc.

   11.1.1 for ticket categories and prices as input by you, or updated by us at your request post-registration;

   11.1.2 for all customers from 1 Jan 2022 until 31 Dec 2022; and

   11.1.3 for complimentary tickets (including but not limited to media representatives) as authorised by you.

11.2 Provided all requirements are met, Cabaret Fringe Association Inc. may release tickets earlier than the above dates, this will occur only with prior written consultation between you and Cabaret Fringe Association Inc.

11.3 You may announce your Cabaret Fringe Association Inc. season prior to the on sale date but you are not permitted to sell tickets before this date.

11.4 If you have a split allocation agreement with Cabaret Fringe Association Inc., you must not sell tickets through the third party ticketing site to your event prior to the official Cabaret Fringe Association Inc. program on sale date, unless you have agreed an early on sale date in writing with Cabaret Fringe Association Inc.

11.5 Cabaret Fringe Association Inc. reserves the right to exchange or refund a ticket at Cabaret Fringe Association Inc.’s management discretion.

11.6 Cabaret Fringe Association Inc. will not sell tickets to an Event without a fixed address (unless for a Digital Event).

 

  1. Ticketing Fees and Charges

12.1 The price that will appear in printed materials and the online program on www.cabaretfringefestival.com and sold through us will be known as ‘The Advertised Ticket Price’ and is the price entered by you at point of registration

12.2 All tickets sold will incur a ‘Transaction Fee’ (‘Booking Fee’) of $3.30. This will be retained by Cabaret Fringe Association Inc. per ticket for all tickets sold.

12.3 When a ‘Presenter Comp’ complimentary ticket is issued by you, the Presenter, or those with ticketing permissions to your Event(s), a fee of $0.30 per ticket issued will apply (Complimentary Charge). This will be deducted at settlement.

12.4 When a complimentary ticket is issued by us, as pre-approved by you,the Presenter, or those with ticketing permissions to your Event(s) (including but not limited to Media Review Comp, Companion Card) no fee will apply.

12.5 Cabaret Fringe Association Inc. will charge the customer at time of purchase a $3.30 ‘Transaction Fee’, which is charged at all points of sale; including but not limited to www.cabaretfringefestival.com, our Call Centres and Box Offices.

12.6 The ‘Transaction Fee’ is payable by the customer and may be subject to change at the discretion of Cabaret Fringe Association Inc. Cabaret Fringe Association Inc. reserves the right to adjust any ticketing transaction fees payable by the customer at their sole discretion.

12.7 Cabaret Fringe Association Inc. is an affiliate of the Companion Card scheme and it is a condition of your registration that you agree to issue companion card holders a second ticket for their companion at no charge. No complimentary charge applies for Companion Card comps. If you have bespoke ticketing types, you agree to discuss your ticketing options in advance of your Event(s) going on sale to ensure companion card holders are able to access their complementary companion card ticket at no additional cost to the card holder.

 

  1. Ticket Pricing

13.1 Any promotional or advertising materials for your Event(s)which contain ticket prices for your Event(s) must also include reference to the ‘Transaction Fee’ (as outlined in clause 15.5), in order to adhere to this agreement e.g. Full Price $20 + Transaction Fee.

13.2 Tickets sold at the venue door cannot be sold for less than the price advertised on www.cabaretfringefestival.com.

13.3 Cabaret Fringe Association Inc. is not liable for the errors in advertising ticket prices in collateral made by you.

13.4 Should you request any bespoke ticketing pricing (ie. Other than pricing in normal fringe categories – per person per event), you understand that this may affect the behaviour of other ticket types. This includes but is not limited to Group 6+ and promo codes. Cabaret Fringe Association Inc. is not liable for any restrictions bespoke pricing may cause.

   13.4.1 You understand that bespoke ticketing options are bound to the limitations of our ticketing system. While bespoke ticketing may be requested it may not always be possible, and is done in negotiation with the Cabaret Fringe Association Inc. Ticketing team. All bespoke ticketing requests must be emailed to info@adelaidefringe.com.au prior to completing your registration. Events will not be placed on sale until all ticketing information has been communicated, negotiated and confirmed. Requests may be denied.

   13.4.2 While bespoke ticketing may be possible for your Event, please discuss potential ticketing limitations well in advance of Full Program Launch to avoid disappointment.

 

  1. Cancellations, Refunds and Exchanges

14.1 If you cancel your Event(s) or any particular session of your Event(s), it is your responsibility to communicate all cancellations to info@cabaretfestival.com in writing prior to the performance. No action will be taken by Cabaret Fringe Association Inc. to proceed with a cancellation if communicated in any way other than writing from the ticketing authorised person(s). If the matter is urgent (within 48 hours), we request that you also contact us in order for Cabaret Fringe Association Inc. to notify customers immediately.

14.2 At the discretion of Cabaret Fringe Association Inc., a cancellation administration fee of $50 may be charged in the event a session cancels. This fee is applicable per cancellation request, e.g. the cancellation of your whole Event will incur a $50 fee. This fee will be deducted from your box office settlement. This fee will be administered on a case-by-case basis, and will not be charged in the event that a session or event cancels as a result of the artist or crew being exposed to or having symptoms of COVID-19, or cancelled due to performer injury or alternate illness. Cabaret Fringe Association Inc. has implemented this session cancellation fee as a preventative measure to events cancelling last minute without consideration and thus causing a negative experience for audiences. Cabaret Fringe Association Inc. does not intend this fee to deter any artist or event from cancelling due to COVID-19 related illness, or any health related matter.

14.3 Additionally, at the discretion of Cabaret Fringe Association Inc., an admin fee may apply for any space or venue changes once tickets have gone on sale.

14.4 When a cancellation is advised, Cabaret Fringe Association Inc. will:

   14.4.1 Contact all ticket holders to communicate the cancellation. In the case of a cancelled session, Cabaret Fringe Association Inc.will encourage patrons to rebook into a later session or another show. Cabaret Fringe Association Inc. is unable to suggest alternative events to the ticket holder.

   14.4.2 Refund each ticket holder the Advertised Ticket Price paid by the customer for each ticket sold by us. The Booking/Transaction Fee charged at time of purchase is not refunded.

   14.4.3 For all other tickets issued for your Event(s) by you, such as tickets issued through your venue or doorsales, there will be no refund or exchange given for those tickets by Cabaret Fringe Association Inc.

14.5 Cabaret Fringe Association Inc. will not offer refunds, unless otherwise required by another clause in this agreement.

14.6 Cabaret Fringe Association Inc. will offer exchanges to customers who fit within the below criteria. Exchanges will be performed at the discretion of Cabaret Fringe Association Inc. in line with the criteria below. Cabaret Fringe Association Inc. will not seek permission from the artist or presenter unless it falls outside of this criteria.

   14.6.1 An exchange will be approved if:

  1. the request for an exchange is submitted to Cabaret Fringe Festival in writing by emailing info@cabaretfringefestival.com;
  2. the request for an exchange is made at a minimum of 48 hours prior to the original performance start time;
  3. the original performance is not sold out;
  4. the request for exchange is for the same Event;
  5. the performance you are requesting to exchange into must be of equal or greater value. You will be required to pay the difference in ticket price if it is greater, you will not be refunded any difference in ticket price; and
  6. the customer has provided proof of the destruction of the original tickets, should printed tickets have been issued.

   14.6.2 An exchange will not be approved if:

  1. a) The request for exchange is within 24 hours of the original performance; or
  2. b) The original performance is sold out.

   14.6.3 If the exchange is approved by Cabaret Fringe Inc., the buyer is asked to make their new purchase, and then we will refund the original ticket price, minus the transaction/booking fee.

   14.6.4 When exchanging into a cheaper performance, customers will not be reimbursed the difference in ticket price.

   14.6.5 In the case of a difference in ticket price between sessions, the customer is liable to pay any difference in ticket price, in the case of a price increase. In the case of a decrease in ticket price, Cabaret Fringe Association Inc. will perform a price override to ensure artists retain the original ticket price.

   14.6.6 Cabaret Fringe Association Inc. may at their discretion waive the administration exchange fee for specific stakeholders and programs.

   14.6.7 We will sell to the performance start time for all performances unless prior arrangements have been made

(a) The venue and/or Event will be responsible for pulling their own access report and customer door list through our portal. The Event or venue can schedule this report to be sent ahead of time using the scheduling functions. The Event and the venue are responsible for the setup of this schedule.

(b) Due to us selling to the performance start time, the venue/Event will need to remain vigilant about capacity if door sales are conducted.

14.7 If tickets are taken off sale with prior arrangement before the performance start time;

(a) Cabaret Fringe Association Inc. will cease all sales of tickets to that session;

(b) You or your representative will need to download a copy of the sales report detailing tickets sold, associated customer names and outlining the number of tickets available for sale at the door of that session ‘Door Sales’ current to that time;

(c) Door Sales within the off-sale period must be recorded and reported back to Cabaret Fringe Association Inc. at the conclusion of your Event(s) season; and

(d) For tickets you sell through your venue’s on-site box office, Cabaret Fringe Association Inc. will not receive any revenue and therefore those tickets will be your sole responsibility. This includes any reallocation or refunds which may be required,

(e) It is the responsibility of the Event and venue to negotiate a process of reconciliation and accounting to ensure accurate door sales are managed. Cabaret Fringe Association Inc. is not liable for a loss of income where door sales are not accounted for.

14.8 You are responsible for communicating all necessary information in regards to your Event(s) for ticket holders prior to purchase, within your event description on your web listing. Cabaret Fringe Association Inc. will not under any circumstances contact ticket buyers by email or otherwise on your behalf, nor will Cabaret Fringe Association Inc. provide you with a list of contact email(s) of ticket buyers in any circumstance, as this is a breach of privacy laws, unless you have opted in for communications of this nature or for sharing of your information.

 

  1. Ticket Sales Reports and Settlement

15.1 Cabaret Fringe Association Inc. will provide a link, user name, password and instructions to our reporting portal at https://cabaretfringefestival.com/artfuel. Cabaret Fringe Association Inc. will keep all information pertaining to Ticket Sales to your Event(s) strictly confidential and such information will only be available to the registered presenter.

15.2 Cabaret Fringe Association Inc. will pay nominated percentages (or other amount) individually to each party (artists or venue) after the event season has ended, as stated in the settlement section of our registration system. If total settlement is made to the venue or artist, Cabaret Fringe Association Inc. is not liable for any fees or payments not made as the result of misconduct by either party artist or venue. It is recommended that you discuss split settlement with your venue to come to an agreement. Split settlements will only be made when an agreement is made through our registration systems and both parties (artist and venue) are in agreeance. Any negotiations supplied outside of our registration systems are not binding under these settlement terms.

15.3 Cabaret Fringe Association Inc. will not deduct any money owed to either party (artist or venue) unless entered into our registration systems and agreed upon by both parties prior to the end of the Event season.

15.4 At the end of your Event(s) season Cabaret Fringe Association Inc. will endeavour to remit to you the balance of the Revenue, as per the agreed split settlement within twenty (20) business days following the final session of your Event(s) season OR from the date split settlement is agreed upon in our registration systems by both artist and venue, whichever is latest; OR 40 days from the final session in line with point two (b) below.

(a) You recognise that you must agree on the settlement split in order for settlement

to proceed. You understand that you can propose changes but they must be approved by and signed offl by both parties.

(b) If the split settlement has not been agreed upon within 20 business days following the final session of your Event(s) Cabaret Fringe Association Inc. will proceed with the proposed settlement.

(c) If providing international bank details, you understand that if you fail to provide correct bank details or do not update them in time for settlement you will be passed on the bank fees incurred. Cabaret Fringe Association Inc. will take the fee out of your settlement.

15.5 Cabaret Fringe Association Inc. will:

   15.5.1 Deduct and retain from the Revenue an amount equal to the sum of the Booking/Transaction Fees, the Complimentary Charges for Ticket Sales, refunds or exchanges performed; and

   15.5.2 Deduct and retain from the Revenue any outstanding payments due by you to us;

   15.5.3 Remit to you the balance of the Revenue, as per the agreed split settlement in our registration systems.

   15.5.4 Provide a settlement report, sent via email to the registered Presenter only.

   15.5.5 Proceed with the proposed settlement if the split settlement has not been agreed upon within twenty (20) business days of the final event session, unless subject to clause 24.6.

15.6 If your Revenue is less than zero after we have deducted and retained any outstanding payments due by you to Cabaret Fringe Association Inc., you must pay the positive value of that amount to Cabaret Fringe Association Inc. within ten (10) business days after receiving your settlement report.

15.7 Within fifteen (15) business days following the final session of your Event(s) you will:

   15.7.1 Submit a total of all customer/patron numbers, and door sales sold outside of our ticketing systems. In the event that the Event(s) is free an estimate of attendance must be supplied.

 

  1. Indemnity from you

16.1 You agree that you will not make any claim against us for the operation, management and our staffing or with respect to any aspect of your Ticket Sales.

16.2 You indemnify us and must pay us on demand for any Liability incurred by us (whether directly or indirectly) in connection with:

   16.2.1 any breach by you of any obligation in this agreement;

   16.2.2 your Event or any other Content, or in relation to any claim by a third party in connection with your Event or any other Content, including due to any act or omission or default by you, your artists, agents, employees or contractors in connection with the conduct of your Event(s) or the use of your venue for your Event(s) and which are caused by your negligence or wilful misconduct;

   16.2.3 any claim that your Event or Content infringes any Intellectual Property of a third party; or

   16.2.4 any negligence, or other act or omission by you, your artists, agents, employees or other contractors, in connection with this agreement or the conduct of your Event.

16.3 You accept that you, your artists, your company and your staff (as applicable) participate in the 2022 Cabaret Fringe Association Inc. wholly at your and their own risk. We are not liable for any loss or damage incurred by you, your artists, your company or your staff, when such a claim results from your negligence or wilful misconduct.

16.4 You understand that you and/or your venue are wholly responsible for the safety of audience members and for arranging and paying for all insurances for your Event(s) including any public liability insurance.

16.5 In regards to COVID-19, you understand that you and your venue must comply with all recommended government health practices/regulations and crowd restrictions as advised by SA Health and The South Australian Government where applicable. Including but not limited to:

– Entertainment performances may be held as long as they adhere to maximum occupancy and density requirements.

– Performers at live venues should comply with physical distancing principles and should separate themselves from the public where possible.

– Venues must make and retain contact tracing records for members of the public attending entertainment performances.

– You understand that you and your venue are solely responsible for managing the capacity of your Event in line with current COVID restrictions and must advise usl of the saleable capacity in advance of Full Program launch. If there are any changes to your total allowable capacity, you must communicate this in writing to us. Cabaret Fringe Association Inc. will not be held liable for incorrect capacity information as entered into your registration, including loss of ticket sales and income, nor will Cabaret Fringe Association Inc. be held accountable for any breach of SA Health regulations by you or your venue. Cabaret Fringe Association Inc. will continue to update information on our website as soon as information and updates become available, however, as a participant, you and your venue are wholly responsible for the management of all COVID-19 and pandemic related practices, regulations and restrictions as pertains to the running of your Cabaret Fringe Association Inc. event.

16.6 You understand and warrant to us that you are responsible for all taxes, duties and other charges payable with respect to all Revenue paid to you by Cabaret Fringe Association Inc. and with respect to all monies received by you from door sales.

16.7 You understand that all financial and contractual details are made directly between you and your venue, not Cabaret Fringe Association Inc.

 

  1. GST

17.1 Any sum payable (or amount included in the calculation of a sum payable), or consideration to be provided, under or in accordance with this agreement is inclusive of GST (if applicable) unless otherwise stated. If a party makes a taxable supply under or in relation to this agreement, no additional amount is payable on account of GST.

17.2 Despite clause 17.1, if the consideration for a taxable supply made under or in relation to this agreement is expressed to be exclusive of GST, the recipient must pay to the supplier an amount (GST Amount) equal to the GST payable on the supply. The GST Amount is payable by the recipient in addition to and at the same time as the GST-exclusive consideration for the supply.

17.3 The supplier must deliver a tax invoice or an adjustment note to the recipient before the supplier is entitled to payment of an amount under clause 17.2. The recipient can withhold payment of the amount until the supplier provides a tax invoice or an adjustment note, as appropriate.

17.4 If a party is required to make any payment or reimbursement, that payment or reimbursement will be reduced by the amount of any input tax credits or reduced input tax credits to which the other party (or the representative member for a GST group of which it is a member) is entitled for any acquisition relating to that payment or reimbursement.

 

 

  1. Limit on liability

18.1 Subject to our obligation to pay you any Revenue that is due and payable under clause 15, and to the extent permitted by law:

   18.1.1 we are not liable to you under or in connection with this agreement (including under contract, tort, statute, equity, or an indemnity) for any Liability (including any indirect or consequential loss of any kind, including loss of anticipated or actual revenue or profit, loss of reputation, or loss of opportunity) you incur in connection with this agreement, your Event or any other Content, and you release us and waive any claim you have or may have against us for any such Liability, save for where any loss is caused or contributed to by the Cabaret Fringe Association Inc. or it’s agents:

   18.1.2 you accept that you, your artists, agents, employees or other contractors participate in the 2022 Cabaret Fringe Association Inc. wholly at your own risk.

18.2 To the extent permitted by law, all terms, conditions, warranties, representations, or guarantees implied by law in connection with our performance of this agreement are excluded. To the extent any such implied provisions are not able to be excluded by law, our liability under or in connection with a breach of any such implied provision is limited, at our discretion, to the resupply of any goods or services or payment for the resupply of those goods or services (as applicable).

 

  1. Termination

19.1 We may terminate this agreement upon notice in writing to you at our discretion, including if the 2022 Cabaret Fringe Association Inc. does not proceed for any reason.

19.2 We may terminate this agreement upon notice in writing to you if:

   19.2.1 you breach this agreement and the breach is not, in our reasonable opinion, capable of remedy;

   19.2.2 you breach this agreement and the breach is not remedied by you within 5 business days of notice from us in writing; or

   19.2.3 to the extent permitted by law, if you become insolvent, or are declared bankrupt.

19.3 Termination or expiry of this agreement does not affect any accrued rights or liabilities of a party up to the date of termination or expiry. Following termination or expiry of this agreement:

   19.3.1 we may cancel your Event registration and cease further sale of any tickets to your Event;

   19.3.2 any licence of our Intellectual Property granted by us to you under this agreement will cease; and

   19.3.3 we will retain all Revenue held by us until such time as we are satisfied that you have paid us all amounts owing by you to us under or in connection with this agreement. Upon being so satisfied, we will pay you the Revenue, according to the split set during registration, in relation to Tickets sold up to the date of termination of expiry.

 

  1. Interpretation

In this agreement:

20.1 singular includes plural and vice versa and another grammatical form of a defined word or expression has a corresponding meaning;

20.2 reference to a person includes a natural person, corporation and partnership, body corporate, association, governmental or local authority or agency or other entity and vice versa;

20.3 headings do not affect interpretation and no rule of construction applies to the disadvantage of a party because that party put forward this agreement or any portion of it;

20.4 if a provision of this agreement would, but for this clause, be unenforceable the provision must be read down to the extent necessary to avoid that result but if the provision cannot be read down to that extent, it must be severed without affecting the validity and enforceability of the remainder of this agreement;

20.5 reference to a party if more than 1 means each of them jointly and severally and includes a successor to the rights or obligations of that party under this agreement;

20.6 a reference to A$, $A, dollar or $ is to Australian currency;

20.7 a reference to time is to Adelaide, South Australia time;

20.8 references to “includes” or”including” or “for example” means without limitation;

20.9 If a day on or by which an obligation must be performed for an event must occur is not a business day, the obligation must be performed or the event must occur on or by the next business day.

 

21 Safety

21.1 Cabaret Fringe Association Inc. is dedicated to providing a safe, inclusive, harassment-free experience for all involved regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, body size, race, or religion. By taking part in the festival you agree to treat all staff and participants involved in Cabaret Fringe Association Inc. with respect, dignity and consideration. The standards expected of you include, but are not limited to:

   21.1.1 Honesty, dignity, respect, fairness and a courteous manner in all dealings with Cabaret Fringe Association Inc. staff, participants, suppliers, management and the general public;

   21.1.2 Responsiveness, openness, honesty and courtesy when responding to a contradictory opinion by rationally debating rather than by vilification, coercion, bullying or intimidating behaviour;

   21.1.3 Taking an active role in the promotion of an environment free from harassment and discrimination according to federal and state legislation and this agreement;

   21.1.4 Ensuring your language, behaviour and conduct is acceptable at all times and is not discriminatory or abusive, nor does it cause harm, discomfort, humiliation or offence to others;

   21.1.5 Failure to act in accordance with the above, may result in the cancellation of your Event and exclusion from participating within the festival in future.

21.2 You agree that as Presenter entering a venue you have responsibility to the extent reasonably practicable in presenting your Event to ensure the:

   21.2.1 safety of the visiting companies, artists, general public, and

   21.2.2 negotiating minimum wage salaries with all contracted staff, as provided by Fair Work Australia and other relevant applicable regulations; and

   21.2.3 payment of all applicable insurances for your event and/or venue including any public liability insurance.

21.3 You understand you are liable to ensure your venue employs the following safety standard:

   21.3.1 any venue who is promoting themselves as facility with rigging must have the venue assessed by the appropriate licensed personnel, who are competent to identify and control risks associated with rigging in compliance with SafeWork SA code of practice.

   21.3.2 appropriate certification by qualified personnel e.g. Licence to Perform High Risk conducted by an intermediate Rigger must be obtained before the event commences.

   21.3.3 each Event and venue must be able to supply to Cabaret Fringe Association Inc. a risk assessment upon request.

   21.3.4 Each Event must have artist and venue representatives agree in writing on the technical specifications of the event prior to Cabaret Fringe Association Inc. season commencing.

 

22 Force Majeure

22.1 Subject to clause 25, neither party is liable for failure to perform this agreement to the extent and for so long as its performance is prevented or delayed because of a circumstance or event outside of Cabaret Fringe Association Inc.’s reasonable control, including without limitation any act of God, natural disaster, epidemic or pandemic, labour disputes, riots, war or terrorism, or failures or delays by suppliers or subcontractors.

22.2 Cabaret Fringe Association Inc. shall notify you in writing of the occurrence of such event as soon as possible, and shall make all reasonable efforts to eliminate or minimise the effects of such event.

 

23 Pandemic Terms & Conditions

23.1 You understand that if you cancel your Event due to non-Government enforced pandemic concerns, Cabaret Fringe Association Inc.’s standard cancellation policy will apply as outlined in clause 14.2.

23.2 In the event of a Government enforced shutdown of Cabaret Fringe Association Inc., where your entire Event is cancelled due to enforced restrictions and/or lockdown and/or other mandated activities (i.e. vaccine requirement), making it impossible for any of your Event sessions to go ahead your event registration fee will not be refunded.

23.3 In the event of a Government enforced lockdown and/or SA border closure 14 days or less prior to your first performance, where your entire Event is cancelled due to enforced restrictions and/or lockdown, making it impossible for any of your Event sessions to go ahead clause 22 will apply.

23.4 In the event that a government enforced lockdown and/or restrictions you will not receive a registration fee refund.

23.5 In the event your venue is independently shutdown due to Government restrictions or cannot operate, Cabaret Fringe Association Inc. will provide you with support to source a new venue where practical.

23.6 In the event of a Coronavirus (COVID-19) related government closure, ticket holders will be contacted via email and presented with options to remedy the cancellation. Ticket holders will have seven days (28 days) to respond to us, indicating which option they select. Cabaret Fringe Association Inc. will endeavour to remit to you the balance of the Revenue, as per the agreed split settlement during your registration (see 16.5) within twenty (20) business days following the customer response window. A customer’s failure to notify us of their selection within the response window will infer that they select to donate the full ticket amount to the artist and/or venue as per the agreed split settlement set during registration.

 

24 Privacy Policy

Cabaret Fringe Association Inc. is committed to protecting the privacy of its artists, employees, prospective employees, venues and the general public.In order to provide effective service to you, Cabaret Fringe Association Inc. may need to collect certain personal information. Cabaret Fringe Association Inc. has a commitment to the security of your information and will only use this information for the purpose for which you provided it, or for any purpose to which you have additionally consented.

 

Cabaret Fringe Association Inc. will not disclose or use your information for any purpose other than intended. Cabaret Fringe Association Inc.  is committed to protecting an individual’s right to privacy and to fully comply with its obligations under the Privacy Act 1988 (Cth) as amended by the Privacy Amendment (Private Sector) Act 2000 (Cth) (“the Act”). In particular, Cabaret Fringe Association Inc. will comply with the Australian Privacy Principles contained in the Act, which may be found on the website of the Office of the Australian Information Commissioner: https://www.oaic.gov.au/

 

Cabaret Fringe Association Inc.’s Privacy Statement explains some of these principles and how they may apply to you. This Privacy Statement also complies with European General Data Protection Regulation (GDPR). You can read our full Privacy Policy here.

 

 

25 Continuing Obligations

The termination of this agreement for any reason whatsoever (including the Term ending) will not affect the operation of clauses 6, 9, 10, 16, 17 and 23 which will remain in full force and effect irrespective of that Termination.

 

26 Governing law

This agreement is governed by the law of South Australia and the Courts of South Australia have jurisdiction to determine any proceedings in relation to this agreement.

 

If you have any questions about this agreement, please contact the Cabaret Fringe Association Inc. Artist & Venue or Ticketing teams: info@cabaretfringefestival.com