Terms and Conditions
Below are the terms and conditions of Real Dinosaurs Pty Ltd trading as Real Dinosaurs. By requesting a Booking for a Performance you agree that the following terms and conditions apply to your Booking and Performance. Payment of the Booking Cost Deposit and our confirmation of your Booking brings these terms and conditions into effect. These terms and conditions form an agreement between the parties. Any infringement or breach of the terms and conditions by the Customer permits the Company to refuse to complete the Performance or to terminate the Performance without the Customer having any entitlement to the payment of any refund. The Customer acknowledges that the Company is not responsible for their personal satisfaction of the Performance.
In this agreement the following definitions apply:
"Administration Fee" means 2% of the total cost of the Booking.
‘Booking’ means the reservation for the Performance (including the Performer), on the Booking Date and Time, which the Customer has requested and the Company has agreed to, and the Booking Cost Deposit has been paid by the Customer or the Customer's credit card details have been obtained as security for the Booking Cost Deposit, regardless of whether the credit card has been charged.
"Booking Cost" means a monetary amount the Customer has agreed to pay the Company for the Booking of a Perofrmance. The Booking Cost is charged by the Company to a Customer to satisfy complete payment of a Performance, and does not include any additional Administration Fee or Booking Amendment Fee which may be payable.
"Booking Amendment Fee" means an amount of $20.00 charged to the Customer where the Customer requests an amendment to a Booking of a Performance;
"Booking Confirmation Form"means the softcopy or hardcopy record of the completed details of a Booking generated by the Company;
"Booking Cost Deposit" means 25% of the total amount of the Booking Cost for the Booking, inclusive of GST.
“Booking Date and Time” means the date and time the Customer has reserved for the Booking.
"Cancellation Fee" means the monetary payment charged to the Customer in accordance with these terms and conditions, when the Customer cancels a Booking.
“Company” means Real Dinosaurs (ABN 80 383 897 422).
“Customer” means the person or entity who has booked the Performance and/or Performer; confirmed a Booking of a Performance and/or Performer, or any other person listed on the Booking Confirmation Form as a person acting on behalf of the Customer, and where context requires any and all of your Guests.
"GST" means an amount of 10% of the total Booking Cost payable in accordance with A New Tax System (Good and Services Tax) Act 1999 (Cth).
“Guests” means the people or entities that accompany the Customer during the Performance.
“Performer” means the person who attends the Performance Location and acts throughout the Performance. The Performer is not an employee of the Company.
“Performance” means the act undertaken by the Performer at the Performance Location requested by the Customer.
“Performance Location” means the place the Customer nominates the Performance to occur.
“We, Us” means Real Dinosaurs Pty Ltd
“You” means the person or entity requesting the Booking, and where context requires, each of your guests.
MAKING A BOOKING
- The Company is responsible for taking Bookings by Customers.
- The Customer may request a Booking in writing, by email, completing a booking quote on the Company’s website, by text message, orally in person or by telephone.
- The Company may confirm a Booking in writing, by email, by text message, orally in person or by telephone.
- The Customer must provide their credit card details to the Company at the time the Booking is confirmed and the Customer authorises the Company to deduct any monies owed to it, in accordance with these terms and conditions or the Booking Confirmation Form, from the Customer's credit card.
- The Company will provide the Customer with a Booking Confirmation Form within 24 hours from the time the Booking is confirmed and the Booking Cost Deposit is processed and approved by the Customer's nominated credit card provided.
- Any changes or amendments to a Booking requested by the Customer after a Booking has been confirmed will be at the discretion of the Company and will incur a Booking Amendment Fee.
- Any cancellation of a Booking requested by the Customer after a Booking has been confirmed will incur a Cancellation Fee.
- Payment of the Booking Cost Deposit represents acceptance of these terms and conditions by the Customer.
- Approximately seven (7) days prior to the Performance, the Company will collect the total Booking Cost from the Customer, less the amount of the Booking Cost Deposit. Alternatively, the Customer may arrangements to make a cash deposit to the Company in satisfaction of the total Booking Cost on the day of the Performance.
- In the event that a Booking of a Performance occurs less than thirty (30) days prior to the Performance, full payment of the Booking Cost is required at the time of Booking.
- The Customer authorises the Company to deduct the Booking Cost Deposit, the total Booking Cost and the Administration Fee, when the amounts become due and payable in accordance with these terms and conditions from the Customer's credit card provided to the Company at the time of the booking of the Performance.
- The Customer must confirm with the Company at least seven (7) days prior to the commencement of the Performance, that all Performance details, as recorded in the Booking Confirmation Form are correct.
- The Customer must use reasonable efforts to assist the Company and Performer in fulfilling the Performance.
- In the event that a Performance completes earlier than the time as anticipated by the Customer, no refund is payable by the Company and/or Performer.
PERFORMER AND PERFORMANCE LOCATION
- The Performer will contact the Customer six (6) to 48 hours prior to the commencement of the Performance to confirm the details of the Performance (including the Booking Date and Time) and the Performance Location.
- The Performer will use their best endeavours to adhere to the Customer's specified Performance Location and Booking Date and Time.
- The Company has no responsibility or liability in relation to any failure by a Performer to adhere to the Customer's specified Performance Location and Booking Date and Time. Provided that the Performance in completed in a reasonable manner, a failure to meet the Customer’s specified Performance Location and Booking Date and Time will not result in a refund of any amount of the Booking Cost.
- If the Customer is not present at the Performance Location or has not made adequate arrangement to ensure that the Performance may be conducted uninterrupted at the specified Booking Date and Time, the Customer will be deemed to have cancelled the Booking and clause 26 and 27 will apply.
UNFORSEEN CIRCUMSTANCES IMPACTING PERFORMANCE
- The Customer acknowledges that from time to time and for reasons beyond the control of the Company, the Performer booked for the Performance by the Customer, may be unavailable for the Performance, at the Performance Location or at the Booking Date and Time due to unforseen circumstances or any other reason.
- In such an event the Company will make every effort to inform the Customer of such a change prior to the commencement of the Performance, and use their best endeavours to make arrangements for an equivalent or alternative costumes, merchandise and props and/ or a Performer to be made available for the Performance. Where a suitable equivalent or alternative Performer cannot be made available, the Customer will be entitled to a refund of the Booking Cost.
- The Customer acknowledges that from time to time and for reasons beyond the control of the Company, costumes, merchandise and props expected for the Performance booked by the Customer may be unavailable due to unforeseen circumstances or any other reason.
- In such an event, the Customer will not be entitled to a refund of the Booking Cost, expect where he Company considers that such costumes, merchandise and props are necessary for the adequate satisfaction of the Booking and that a partial or full refund of the Booking Cost is appropriate.
CHANGES TO PERFORMANCE
- In the event that the Customer requests any change/s or amendment/s to an existing Booking for a Performance, including, but not limited to, changes to the Booking Date or Time of the Performance, the Performer used for the Performance, the Performance Location or the duration of the Performance, the Customer will be required to pay a Booking Amendment Fee to the Company and any additional costs associated with the change to the Booking of the Performance which may be payable.
- Any Booking Amendment Fee payable will be explained to the Customer prior to the change or amendment of the Booking for the Performance being processed by the Company.
- The Booking Cost Deposit paid at the time of making the Booking will transfer to the changed/ amended Booking of the Performance.
- The Customer authorises the Company to deduct a Booking Amendment Fee, in accordance with these terms and conditions from the Customer's credit card provided to the Company at the time of the booking of the Performance.
- In the event that the Customer cancels a Booking for a Performance, the Customer must pay a Cancellation Fee. The Cancellation Fee payable is determined on the following scale;
a) where a cancellation occurs more than six (6) weeks prior to the Performance, the Booking Cost Deposit is forfeited by the Customer, however no additional cost will be payable by the Customer;
b) where a cancellation occurs less than six (6) weeks prior to the Performance, but more than two (2) weeks prior to the Performance, an amount of 50% of the Booking Cost for the Performance will be charged to the Customer;
c) where a cancellation occurs less than two (2) weeks prior to the Performance, the total Booking Cost for the Performance will be charged to the Customer.
- The Customer authorises the Company to deduct a Cancellation Fee and/ or amounts outstanding in accordance with the above scale, from the Customer's credit card provided to the Company at the time of the Booking of the Performance, in accordance with these terms and conditions.
- Subject to any other Bookings of the Performance/ Performer, a Customer may elect to extend the duration of their Booking during the Performance. The extension must be agreed between the Performer and the Customer during the Performance and the Customer must sign an amended Booking Confirmation Form as confirmation of the extension of the Performance.
- All overtime rates will be charged in 15 minute increments at the overtime rate listed on the Booking Confirmation Form. The overtime rate will be payable in cash to the Performer at the conclusion of the extension of the Performance, or charged to the credit card of the Customer provided to the Company at the time of booking. The Customer may elect which payment method to use during the Performance.
CUSTOMER OBLIGATIONS AND ACKNOWLEDGEMENT
Customer and Guest behaviour
- The Customer has ensured that each of its Guests is familiar with and agrees to abide by the terms of this agreement.
- The Customer is responsible for its conduct and the conduct of its Guests during and for a reasonable time immediately before and after the Booking Date and Time of the Performance.
- The Customer and its Guests are required to comply with any and all reasonable directions of the Performer at all times during and for a reasonable time immediately before and after the Performance.
- The Customer and its Guests are required to comply with the laws of Victoria.
- In the event that the Customer and/or any of its Guests engage in any illegal activity, abuse of the public (including the Performer or members of the general public) or anti-social behaviour, the Performer may immediately terminate the Performance. No refunds will be payable by the Company to the Customer in these circumstances.
Damage to Performance props or costumes
- The Customer agrees to reimburse the Company for any incidental or deliberate damage, loss or removal of any props or costumes or any other items used in the Performance caused by the Performance Location chosen by the Customer, or any actions taken by the Customer or any of its Guests, including any administrative costs incurred in attending to repair or replace the damaged items and any lost revenue incurred when our items are unable to be used in a Performance for another Customer.
- For the avoidance of doubt, this term applies to any and all damage caused by you the Customer, your Guests or any third party whose conduct is incited by you the Customer or your Guests.
- The Customer agrees that the Company may deduct such a reimbursement from the credit card provided by the Customer at the time of Booking.
- The Customer agrees to pay the Company $100 if the Customer or any of its Guests soil or stain to any props or costumes or any other items used in the Performance.
- The Customer agrees that the Company may deduct this amount from the credit card provided by the Customer at the time of Booking.
- The Performance will proceed regardless of any inclement weather conditions at the Booking Date and Time scheduled for the Performance. The Customer may direct the Company to change the Performance Location, where the Company considers the change to be reasonable. In the event the Customer wishes to change, amend or cancel the Performance Booking (including the Performance Location), the Customer will be required to pay the Cancellation Fee or Booking Amendment Fee.
COMPANY RIGHTS AND OBLIGATIONS
- The Company reserves the right to make reasonable changes to the Booking of a Performance or the Performance Location in order to safely and adequately complete a Performance.
- Due to the size and delicacy of the Company’s costumes and props, the Company reserves the right to refuse to undertake a Performance that, if in the Company’s reasonable opinion, it may put the costumes and props, the Performer, the Customer of any of the Guests at risk of harm or injury.
- The Company reserved the right to refuse to commence or to end a Performance if the Customer or any of the Customer’s Guests breach this agreement or any of its terms and conditions or are behaving in such a way that we deem, in our sole discretion, unsatisfactory or places the safety of our Performer at risk of harm or damage. In such circumstance we may refund the all or part of the Booking Cost, however we are not required to do so. We will not refund the Booking Cost if the Performance has commenced.
- A Performer who acts in the Performance booked by the Customer is a current Working With Children Check (WWCC). The Customer may request a copy of the WWCC of the Performer.
- The Customer acknowledges that the Company is not responsible or liable for the actions of the Performers, or the interactions of the Performers with Customers in any way whatsoever, including during the Performance.
INJURIES AND ACCIDENTS
- The Customer accepts that the Company, its officers, employees and affiliates, are not responsible, and cannot be held liable, for the health or safety of any person/s the Customer allows to view the Performance and agrees not to take any action against the Company for the result of any act or failure to act by the Company or their employees, agents, representatives, agents or subcontractors including, but not limited to, any injuries, loss or expenses incurred by the Customer or to any other guest of the Customer at the Performance.
- The Customer and any and all of its Guests participate in the Performance at their own risk.
- The Customer is responsible for the supervision, health and safety and any and all Guests. The Customer must adequately supervise the Performance at all times.
- The Company is not liable and takes not responsible for any and all injuries that occur to any person or party guest of the Customer due to a failure by the Customer to adequately supervise.
- The Company’s maximum liability arising out of or under this agreement is the amount of the Booking Cost.
- Our liability for any breach of this agreement, under any applicable statute, or in tort (including negligence) and for any direct or consequential loss is excluded to the fullest extent permitted by law.
- The Company is not responsible for the lost, removal or damage to any personal or fixed property of the Customer either during the Performance or immediately before or after the Performance.
TERMINATION AND VARIATION
- The Company may terminate the Booking under this agreement at our discretion at any time not later than fourteen (14) days prior to the Performance. In such an event, the Company will refund the Booking Cost to the Customer and the Company will have no further liability under the agreement.
- The Company may vary these terms and conditions at any time prior to the confirmation of a Booking and after the confirmation of a Booking by giving you at least fourteen (14) days’ notice of the variation in writing.
- Any and all variations to the terms and conditions requested by the Customer are subject to the absolute discretion of the Company and are to be agreed to in writing between the parties.
INDEMNITY AND ACKNOWLEDGEMENT
- The Customer indemnifies the Company and its officers, employees, affiliates and representative agents against all claims, damages, losses, costs and expenses incurred by the Customer and/or any other member of their party as a result of:
a) any act or failure to act by the Company or their employees, agents, representatives, agents or subcontractors, pursuant to these Terms and Conditions.
b)any action or failure to act by the Customer and/or any member of their party pursuant to these Terms and Conditions.
- The Customer agrees not to take any action against the Company for any action or failure to act by the Company or their employees, agents, representatives, agents or subcontractors.
CONTACTING THE COMPANY
- The Customer may contact the Company at any time to avail themselves of any questions or concerns regarding a Booking of the Performance/ Performer.
PERSONAL INFORMATION AND PRIVACY
- In accordance with its obligations under the Privacy Act 1988 (Cth), the Company will only collect personal information from the Customer that is reasonably necessary for, or directly related to, the Customer's booking of a Performance.
- Reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.
- References to legislation or provisions of legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation.
- Words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, and words denoting one gender include all genders.
- Grammatical forms of defined words or phrases have corresponding meanings.
- If the day on or by which anything is to be done is a Saturday, a Sunday or a public holiday in the place in which it is to be done, then it must be done on the next business day.
- Obligations under these terms and conditions affecting more than one party bind them jointly and each of them severally.
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