Privacy Policy
Crystalsingers, Celebration
Entertainment, Celebration Of Life Entertainment acknowledges that privacy is an important issue! Crystalsingers, Celebration
Entertainment, Celebration Of Life Entertainment is required to comply with relevant provisions of the Privacy Amendment (Private
Sector) Act 2000 in relation to why personal information may be requested from you and how it will be used and who this information
may be disclosed to.
. What Personal Information
does Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment collect?
The types of personal information
that Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment records will depend on your usage of our
site. If you carry out a transaction online or send us an email, Crystalsingers,
Celebration Entertainment, Celebration Of Life Entertainment will record information that may differ from the information
Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment collects if you simply visit our site.
i. Purchasing products or services:
If you purchase products
or services or apply to become a Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment customer, Crystalsingers,
Celebration Entertainment, Celebration Of Life Entertainment requires you to provide certain details so that we can establish
an account and provide you with the product or service. This includes details such as your name and contact information, or
in the case of businesses, information about the company, department or association making the purchase or setting up the
account. Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment requires this information to help us
process and manage your account.
Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment also
requests information to help us assess your credit worthiness (if applicable). Further details about this can be found in
the terms and conditions for the product or service you are purchasing. If you purchase a product or service Crystalsingers,
Celebration Entertainment, Celebration Of Life Entertainment also requires your credit card details in order to process the
purchase. Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment may also request information about
you in order to help you decide which product or service would best suit your needs.
ii. Paying your account online or making other enquiries about
your account:
If you pay your account online, Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment
requires you to provide your account details and credit card details in order to process the payment. If you make an online
query about your account you will be required to provide your account details, password and contact details so that your inquiry
can be resolved as soon as possible.
iii. General requests:
You can use the online forms for a number of other purposes
such as to request further information about other Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment
products and services. In order to process your request, we will require you to provide us with certain personal information.
This includes such details as your name and contact information and information about any existing account. If you send us
an email request, we will ask for similar information. We require this information to process your request and to improve
the services we provide to you.
Customer Refunds
As
part of our Customer Service commitment, Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment will
advise our customers to choose their items carefully as the Crystalsingers, Celebration Entertainment, Celebration Of Life
Entertainment Internet Market doesn't accept refunds or exchanges.
All items from our online sites are non-returnable unless
defective.
Defective items:
Defective
items must be returned within (14) fourteen days of the purchase date to be eligible for replacement. Items will be replaced
with the same item originally purchased. For items that cannot be replaced, a full refund will be offered.
Crystalsingers, Celebration
Entertainment, Celebration Of Life Entertainment rights to disclose your credit information.
For the purpose of processing some orders and ongoing credit
management of your account, Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment may need to disclose
to a credit-reporting agency:
a. Personal identifying details, including your name, current and previous addresses, driver's licence number,
date of birth and employer;
b. The fact you have purchased a Crystalsingers, Celebration Entertainment, Celebration
Of Life Entertainment product or service, and any credit limit on your account;
c. The amount of any payments which are overdue for at least sixty (60) days, when
steps have been taken by Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment to recover those overdue
payments;
d. Where an overdue payment has been previously reported, advice that the payment is no longer overdue;
e. Cheques or credit card payments which have been dishonoured; A Fee of $100 is added to cost for fees incurred.
f. Court judgments or bankruptcy orders made against you;
g. That, in the opinion of Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment, you
have committed a serious credit infringement; and
h. When Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment ceases to provide products or
services to you.
For what purpose does Crystalsingers,
Celebration Entertainment, Celebration Of Life Entertainment require your Personal Information?
Crystalsingers, Celebration Entertainment, Celebration
Of Life Entertainment collects and uses Personal Information about you primarily to supply you with the products and services
you order from it. Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment also collects and uses Personal
Information for related (or secondary) purposes including:
a. Billing and account management;
b. Business planning and product development; and
c. To provide you with information about promotions, as well as the products and services of Crystalsingers,
Celebration Entertainment, Celebration Of Life Entertainment.
SHIPPING
All Products listed
are usually available for dispatch within 1 Week of receiving your order. You will be advised if there are supply delays with
any product.
Overseas orders are dispatched via Australia Post Air Mail or TNT Air Express. Usual delivery time
to the USA is 4-6 working days and 6 - 8 days to Europe. Alternatively we can arrange Sea Freight for bulk orders on request.
Air Freight charges are automatically calculated on the weight of the order and the country of destination. Our order system
will automatically calculate the freight charges for you as you make your selections. Please check the freight costs applicable
carefully before you proceed if you intend to order heavy or bulky items.
Please be sure to include your contact details
when you order so we can confirm your order and all charges if necessary.
Price
Policy
Prices are subject to change without notice and we reserve the right to correct pricing errors.
If there is a variation to the price of any product we will notify you before dispatch to find out if you want to proceed
with your order.
Displayed prices are exclusive of tax, if applicable, tax component will be calculated at 10%
and added to order total during checkout.
For parties, deposit of half of total amounts and any cancellations within 48
hours of booking date will forfeit their deposit in total.
Damages
and Return of Goods Policy
Please select products and quantities carefully as we do not accept returns
due to incorrect order placement. If you need advice as to whether a particular product is suitable for your needs e-mail
or call us before you order and one of our staff will reply to you within 24 hours.
If you receive damaged goods please
notify us immediately and keep the goods in the original packaging. We will assist you to make a claim with the carrier
PLEASE
READ VERY CAREFULLY
OVERVIEW
Crystalsingers, Celebration Entertainment, Celebration Of Life Entertainment is a licensed entertainment industry provider,
whose prime aim is to obtain the very best work opportunities for top class artistes and thus provide all entertainment employers
with the highest standard of performers. To obtain best artist for venues at reasonable rates.
OPERATIONS
Under the requirements of the NSW Entertainment Industry Act, entertainment agencies are not permitted to be employers,
therefore this agency acts only as an intermediary between performers and employers such as clubs, hotels, corporate entities,
groups and private individuals. This agency does not buy performances and then sell them at a profit to employers, but earns
its fees by charging commissions for services. If this agency books performers from other agencies, the commissions will be
applied to all gross fees and whatever management charges or other fees the other agencies apply to those performers is entirely
their business. This agency reserves the right to refuse to conduct business with any entity without explanation or to cancel
existing booking arrangements without explanation, providing that appropriate notice is given.
LIABILITY
Although every effort will be made to enforce compliance with legal conditions and requirements, payments and obligations,
this agency will not be held responsible for defaults by employers, performers and other entities, but will only accept liability
for provable errors and omissions made by itself. This agency will not accept liability for losses or injuries suffered by
any entity that can be attributed to performers booked via this agency.
LEGAL
AND ETHICAL ISSUES
This agency will not be knowingly involved in illegal or unethical acts and practices and is always very pleased to
cooperate with other entertainment industry agents and managers if they are amenable. However if they are preventing performers
from accepting legitimate engagements or obstructing venues from booking performers without very good reasons, this agency
reserves the right to bypass such obstacles and negotiate directly with those performers or venues. The entertainment industry
is difficult at the best of times and this agency firmly believes that there is no excuse for anybody preventing performers
earning a living, or for venues to be denied top class entertainment because of vested interests or squabbles between agents.
This agency only books performers on merit and ability. All performers and employers dealing with this agency will
be completely informed as to the exact financial and legal arrangements made on their behalf and every effort will be made
to uphold their rights and entitlements without compromise. On request, performers and employers who have conducted business
with this agency will be provided with records of any transactions that have been made by them or on their behalf.
CONTRACTS
AND AGREEMENTS
All contracts are legally binding unless they are found to be unfair or unconscionable by a court of law. Verbal agreements
are just as legally sustainable and enforceable as written contracts and although sometimes harder to prove, most verbal agreements
that have proceeded to litigation have been upheld by courts.
AGENCY
INFORMATION
This agency will fully comply with the NSW Entertainment Industry Act and will ensure that:
- Fees will be disbursed to performers within 14 days of receipt from employers
- A maximum of 10% of gross fees will be charged as commission
- Transaction records will be made available to relevant parties
- The true position regarding gross and nett fees will be provided to relevant parties
FORWARDING
OF FEES
Probably the most contentious issue arising from the relationship of agencies to performers is the length of time between
dates of performances and the forwarding of fees by agents. Although there is a legal requirement for agents to forward fees
to a performer as quickly as possible, but not longer than 14 days from receipt, there is absolutely no legal timeframe for
the employer to send those fees to agents.
For instance, some venues elect to pay their entire monthly entertainment bills to agents in 30 days from the end of
each month. Therefore some performers may not receive their fees for up to two months and there is nothing that agents can
do about this, apart from declining to do business with those venues. All this means is that the agent will lose the booking
rights for that venue and another agent will assume this role and the payment situation will remain the same. Most of the
time, employers dictate the payment schedules.
Performers must understand that agents cannot afford to operate as free banks for employers by paying fees out of their
own pockets while waiting for payments to arrive from employers. Ethical agents such as this one always send invoices to employers
well ahead of the performance dates, however in many cases employers take their time in paying their bills and performers
and agents just have to be patient.
This agency will forward fees to performers virtually as soon as they are received from employers and banked, however
under no circumstances will this agency tolerate being abused by performers who are under the false impression that fees are
deliberately being withheld from them.
VENUE
EMPLOYER INFORMATION
Venue Employers such as clubs and hotels are required to provide the following to performers booked from this agency:
- Convenient parking spots if car parks are part of venue premises
- Use of the most convenient entrances to performing areas
- Use of elevators and escalators if available
- Staff to assist with equipment if access is difficult
- Performing areas that are clean, safe and unencumbered
- Dressing rooms that are clean, safe and unencumbered if required
- Suitable electrical power convenient to performing areas
- Use of existing sound systems if available
- Use of existing stage lighting if available
- Meals when food is served to patrons at shows
- Removal of conflicting or distracting sound or vision sources
- Protection of performers from drunken or abusive people
- Prevention of patrons accessing backstage areas and dressing rooms
- Prevention of filming or recording of performances if required
- Payment of fees as quickly as possible to facilitate disbursement to performers
- Payment of deposits to secure bookings if required
- Notice of cancellations without delay. Cancellations within 48 hours defaulted deposits, and will incur full payment.
- Payment for cancellations falling within statutory or contracted periods
CANCELLATIONS
BY EMPLOYERS
Employers have the legal right to cancel performances outside of the statutory cancellation periods as prescribed by
the NSW Entertainment Industry Act, however the greatest point of contention has always been short notice cancellations. As
most bookings are made well in advance, it is virtually impossible for performers to replace cancelled bookings at short notice.
Their only protection against an ongoing loss of livelihood is the legal requirement under the Act that notice of cancellation
either be given outside the statutory period or their full fee be paid.
This agency recognises that employers sometimes need to change their entertainment arrangements at short notice and
will always endeavour to arrange replacement bookings for performers at other venues if possible. This is the ideal solution,
as nobody loses. Unfortunately in most cases there is no opportunity to do so, therefore this agency will insist that performers
who cannot be relocated to other bookings be paid their full fees if employers cancel them within the statutory cancellation
period.
DEFAULTS
BY EMPLOYERS
It is quite rare for employers, especially those in the registered club area to deliberately default on payment of
fees, however unless performers have themselves not fulfilled their obligations, their fees must always be paid. Performers
have a right to earn a living and this agency will take action to the utmost extent against defaulting employers to recover
fees owing to performers.
PRIVATE
FUNCTION EMPLOYER INFORMATION
People who book performers for private functions such as weddings or birthday parties are covered by the same legal
requirements as venue employers. As many of these functions are held on private premises, obviously many of the amenities
found in clubs and hotels are not available, however private function employers need to provide the facilities required by
performers, such as convenient power points, enough room for performers to set up their equipment and easy access to the performing
areas.
PRIVATE
FUNCTION CANCELLATIONS
The greatest problems that arise from bookings for private functions are cancellations, often given at very short notice,
such as for parties or weddings that are called off suddenly. In many instances, performers who had been booked many months
previously and who had declined many other jobs for that date are suddenly cancelled, often with little or no warning and
with no chance to regain another booking. Most private bookers do not realise that they are legally liable to pay cancellation
fees, however it can be time consuming and expensive to pursue them legally to recover such payments.
PRIVATE
FUNCTION BOOKING DEPOSITS
To minimise the pursuit of legal action, non-refundable deposits from 50% up to 100% of the full fee will be
required to be lodged in advance with this agency for bookings made by private individuals or non-entertainment industry bodies,
depending on the degree of risk assessed. Formal legally binding booking agreements will be sent and must be signed and returned
to this agency, accompanied by the funds required. If they are not received within 14 days, the bookings will automatically
be cancelled without notice. The only reason that such non-refundable deposits will be returned to bookers is if the performers
default.
PERSONAL
MANAGER INFORMATION
Performers booked by this agency through their personal managers will be
regarded as being booked directly by consent. Personal managers accepting bookings from this agency on behalf of performers
are required to:
- Provide tax invoices in advance to this agency for all bookings
- Provide performers with payment details, such as gross and nett fees and commissions
- Provide performers with all performance details of the bookings
- Check performers for availability or any problems prior to performance dates
- Provide promotional and publicity material to this agency or to venues if required
NSW law requires that performers be provided with the financial details of their bookings, such as gross and nett fees
and any commissions charged or deducted. Therefore these details will be provided to personal managers and it is expected
that they will be passed to the performers they represent whenever they are booked through this agency. Performers who do
not receive such details from their managers will be directly provided with them by this agency on request.
PERFORMER
INFORMATION
Performers booked by this agency must fulfil their obligations to employers and to this agency to the best of their
ability at all times. As a condition of accepting any bookings from this agency, performers are required to:
- Act as subcontractors to employers
- Have public liability Insurance.
- Possess current Australian Business Numbers
- Possess current Public Liability insurance
- Possess current Workers Compensation insurance if required
- Provide Tax Invoices for all engagements
- Be set up and ready to commence performing at agreed starting times
- Provide all equipment and production necessary to fulfil performances
- Not be incapacitated by the influence of alcohol or drugs
- Not commit any illegal acts at performances
- Provide promotional material if required
- Comply with all reasonable directions from employers
- Comply with legal requirements regarding length of breaks
- Be responsible for insurance cover pertaining to themselves and their equipment
- Be responsible for all other costs or benefits other than the agreed fees
- Indemnify this agency for any losses or injuries incurred from their performances
- Compensate this agency and employers for failure to fulfil performances as agreed
BOOKING
NOTIFICATIONS AND PAYMENT OF FEES TO PERFORMERS
This agency operates on a totally electronic system for all transactions, including booking confirmations and payments
to performers. Mail transactions are not encouraged. Therefore it is required that all performers who are booked by this agency
must:
- Provide an operational email address or fax number for notifications
- Provide a current Australian Business Number
- Provide current GST status
- Provide banking details for electronic fund transfers as follows: BSB, Account Number, Account Name
Cheque or cash will not make payment to performers, except under the most unusual circumstances. Performers who have
not yet arranged email addresses or accounts for direct deposits are advised to do so as soon as possible, as most forward-looking
companies will only conduct their business by such means in the near future.
CANCELLATIONS
BY PERFORMERS
All performers have the right to cancel contracts and agreements made with this agency outside of the statutory cancellation
period or even at short notice under certain circumstances, such as illness or injury. Their right to do so will always be
upheld and performers should never fear that making such cancellations will ever be held against them or will affect future
bookings. However if performers deliberately inconvenience this agency and employers by cancelling bookings at short notice
to take more advantageous or profitable engagements without first obtaining agreement from this agency, they will be deemed
to have broken their contracts and legal proceeding may be taken against them.
DEFAULTS
BY PERFORMERS
Over the years, this agency has received complaints from venues that performers were not starting their performances
at the scheduled commencement time or not even showing up. Because of this, this agency has lost the booking contracts for
some venues.
To try to eradicate this problem, the following conditions will be applied to every booking.
- Unless
there are circumstances totally beyond their control, such as bushfires closing roads, performers who do not commence their
performances at the contracted start times and are late by up to 1 hour will automatically forfeit 50% of their fee. However,
if the management of the venue decides that the contract has been breached beyond salvage, it has the right to cancel the
performance forthwith and not be liable to pay the fee at all.
- Performers who do not commence their performances 1 hour or more after the contracted start times or do not show up
at all will forfeit their entire fee and may also be required to additionally compensate the affected venues for the inconvenience
and loss of revenue due to their negligence. Also they will be charged for services, loss and payment of venue costs.
IMPORTANT NOTE:
Unexpected heavy traffic, sleeping in or similar avoidable incidents will NOT be accepted as valid reasons for late
starts. Performers are totally responsible for making allowances for common eventualities such as flat tyres or delays on
roads.
Performers who accept bookings from this agency and do not fulfil their performances without very good cause can expect:
- Legal proceedings to be taken against them for breach of contract
- Immediate cancellation of all advance bookings given by this agency
- No further bookings from this agency under any circumstances
- Refusal to recommend them to other agents and employers
- Information about their defaults to be given to other agents and employers
This agency does not want venues phoning to complain about performers starting late or not showing up, so if performers
transgress in this regard, it will cost them dearly. This is a professional business and performers need to treat it as such.
Performers who do not agree with the above conditions and do not agree to submit to the penalties imposed if they do not fulfil
their contracts must inform this agency forthwith, so that their bookings can be cancelled and any future problems averted.
LENGTH
OF BREAKS
For musical performers such as solo musicians and bands of any size, the length of breaks are specified by the NSW
Entertainment Industry Act as being a minimum of 15 minutes per hour. However, performers taking breaks of excessive duration
run the very real risk of having complaints lodged against them and being banned from obtaining further bookings by those
venues.
PROBLEMS
AT PLACES OF EMPLOYMENT
Performers adversely affected by certain problems at places of employment have the right to refuse to commence or continue
performing until such problems are satisfactorily resolved. These may be brawls or threatening behaviour from patrons or staff,
abusive or drunken patrons or loud recorded music or television sound and many other issues endangering the safety and comfort
of performers or preventing them from fulfilling contracts adequately. Under such circumstances, performers will still be
entitled to be paid their full fees unless the problems are caused by themselves.
AUDIENCE
PARTICIPATION
Although it is often very difficult or embarrassing for performers to not permit patrons to sing or participate in
their performances, it must be understood that clients of this agency are paying fees for high quality professional entertainment
and not for incompetent amateurs. Unless performers specifically require patrons to sing or perform with them, such as in
karaoke, talent quests and audience participation shows, audience members who may be drunk or have highly inflated opinions
of their ability should not be permitted to perform. This agency relies on the professionalism of the performers it books
to assess each situation and make an appropriate decision in this regard.
PUBLIC
LIABILITY
Venues and employers have a legal duty of care and public liability to every person on their premises, including entertainers
and musicians. However when performers work as subcontractors, they may have to assume responsibility for any injuries or
losses caused to others by them, their equipment or their shows if a court rules that such injuries were caused by the negligence
of the performers. All performers should be covered by substantial public liability insurance, as court awarded payouts from
injury lawsuits often exceed one million dollars. Unless it is required for karaoke or talent quest type shows and adequate
insurance has been arranged for such events, performers should be very wary of allowing anybody else to join in their performances
or use their equipment, because if such people are injured as a result, they would have more than adequate grounds to sue
the performers for substantial amounts of money.
MORAL
AND RELIGIOUS ISSUES
Some employers that book performers from this agency also employ lingerie or topless waitresses, striptease artistes
or similar, often without notifying this agency. Occasionally employers and their patrons engage in activities that could
be considered to be morally or religiously offensive to some performers, who may find it unpalatable to work in such environments.
This agency is merely engaged in booking performers and simply does not have the time, resources or inclination to ascertain
their moral or religious positions.
Performers booked by this agency are not required to participate in morally or religiously offensive activities themselves,
as they are contracted to fulfil their roles only as entertainers and nothing more. Other events at their places of performance
are not their business unless they constitute a physical danger.
To maintain its excellent reputation for reliability, this agency must always be assured that all performers booked
will actually honour their contracts. If performers are unwilling to unconditionally guarantee to fulfil bookings if they
find other performers or activities at their places of employment to be morally or religiously offensive to them, they must
inform this agency of this, prior to accepting any bookings. Furthermore they should decline future bookings from this agency
on the understanding that activities that may be offensive to them could occur without notice.
Knowing this, if performers accept bookings from this business, and then refuse to perform or cause problems because
of such circumstances or activities, legal action will immediately be initiated against them for breach of contract to recover
all losses, expenses and damages incurred by this agency and employers as a result of their failure to perform as contracted