"The Heart Of Music" Crystalsingers Consultancy

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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

 

 

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Our Recreation Company * PO BOX 174 Southgate * Sylvania NSW 2224 * Australia * 0400750065
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