MATRIARK THEATRE, SECONDARY WORKSHOPS:
Terms and Conditions
Thankyou for choosing Matriark Theatre to come to your school! Please read these terms and conditions and complete the form at the bottom of this page. Matriark Theatre will be unable to conduct a workshop with you until you have agreed to the terms set out below. If you have any questions or need any further information, please contact CEO Kathryn Parker by email at kathryn@matriarktheatre.com, or by phone on 0402 298 617.
Within this agreement, your school will be referred to as 'The Customer' and Matriark Theatre will be referred to as the 'Service Provider'.
Services Provided
The Customer hereby agrees to engage the Service Provider with services consisting of:
- workshop for secondary school students
The Services will also include any other tasks which the Parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer.
Schedule
The term of this Agreement (the 'Term') will begin on the date of Matriark's receipt of payment related to the Customer's invoice for the Services. This Agreement and will remain in full force and effect up to 6 months following the completion of services, subject to earlier termination as provided in this Agreement. The Term of this Agreement may be extended by mutual written agreement of the parties involved.
1. The Engagement
The Customer wishes to engage the Service Provider to provide services and the Service Provider wishes to provide those services upon the terms and conditions set out in this Agreement.
2. Fees and Invoicing
2.1 The Customer will pay the Service Provider the Fee (not subject to GST) confirmed in an invoice with details of custom arrangements. Such arrangements include:
(a) Promotional special
(b) Adjusted duration of the Service
2.2 The Customer will reimburse the Service Provider for any pre-agreed out of pocket expenses for the Services such as travel to regional areas.
2.3 The Fees payable to the Service Provider to perform the Services may be adjusted from time to time as agreed by the Parties in writing (including by email) on account of changes in relation to the nature of the Services to be performed by the Service Provider pursuant to this Agreement.
2.4 In order to receive payment under this clause, the Service Provider must provide the Customer with a tax invoice that complies with any invoicing guidelines released by the Australian Taxation Office from time to time that includes the Service Provider’s ABN and a description of the Services.
3. Taxation
3.1 The Service Provider is responsible for the payment of all taxes, fees, charges and other imposts that apply to it in performance of the Services. The Customer is not liable to the Service Provider in this regard.
3.2 The Service Provider indemnifies the Customer against any taxes, fees, charges and any other imposts, excluding any income tax payable by the Customer.
4. Insurance
4.1 The Service Provider (and its employees and agents) is not entitled to the benefit of any accident, third party liability, public liability or indemnity policies of insurance or workers compensation policies that the Customer may hold.
4.2 The Service Provider agrees to make its own arrangements to ensure adequate insurance coverage is effected and maintained throughout the Term..
4.3 The Service Provider agrees to provide the Customer with evidence of such arrangements, if requested.
5. Superannuation
5.1 The Service Provider (and its employees and agents) is not entitled to any superannuation contributions from the Customer.
6. Location and Facilities
6.1 The Service Provider will be granted access to the Customer's premises as necessary for the performance of the Services.
6.2 If the Services are to be performed in the Customer's premises, the Customer must ensure the Customer's premises are safe working environments.
6.3 The Customer is responsible for providing sufficient space and seating arrangements for the performance of the Services. The Service Provider will be responsible for providing all masks and props required for the performance of the Services.
7. Service Provider's Obligations and Warranties
7.1 The Service Provider warrants and represents that throughout the Term:
(a) it has legal capacity, power and authority to enter into this Agreement;
(b) there are no legal restrictions preventing it from performing the Services;
(c) it is duly qualified to perform the Services;
(d) in performing the Services it will act with due care and skill;
(e) it will comply with any reasonable directions given to it by the Customer from time to time;
(f) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry codes of conduct,
health and safety requirements and Australian standards in performing the Services;
(g) it is not aware of any actual or potential conflict of interest in it providing the Services (unless otherwise
agreed in writing with the Customer);
(h) it will not infringe any third party rights or violate any other agreement by performing the Services;
(i) it has complied with all applicable legislation, awards and industrial instruments in engaging or employing all
perform the Services in accordance with this Agreement;
(j) it has a valid ABN which has been advised to the Principal; and
(k) it is not registered for GST purposes.
8. The Customer's Obligations and Warranties
8.1 The Customer warrants and represents that throughout the Term:
(a) it has legal capacity, power and authority to enter into this Agreement;
(b) it will act lawfully and will comply with any applicable licenses, laws, regulations, industry
codes of conduct, health and safety requirements and Australian standards in performing the Services;
(c) it will not infringe any third party rights or violate any other agreement by performing the Services;
(d) it will comply with any reasonable requests given to it by the Service Provider from time to time to
enable the Service Provider to complete the Services; and
(e) it has complied with all applicable legislation, awards and industrial instruments in engaging the Service
Provider on the Services.
9. Privacy
In performing the Services, the Parties agree to comply with the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or Privacy Guidelines.
10. Workplace Health and Safety, and Child Protection
10.1 The Parties (and its employees or agents) must comply with all applicable workplace health and safety laws and all safety instructions reasonably issued by the other Party from time to time.
10.2 The Customer will ensure that all persons under the age of 18 are adequately supervised at all times for the duration of the Service.
10.3 Each Party must ensure that before its employees, agents and subcontractors perform the Services they receive adequate training in security, workplace health and safety, customer service and risk management.
10.4 The Service Provider will promptly notify the Principal of any workplace health and safety incidents that occur in connection with the Services.
10.5 The Service Provider will maintain responsibility for ensuring all employees, agents and subconstractors have the appropriate Working With Children Check verified for the provision of the Service.
11. Term and Termination
11.1 Automatic termination: The Agreement will automatically terminate on the Termination Date, unless the Termination Date is changed by agreement in writing (including by email) between the Parties.
11.2 Termination by agreement: Either Party may terminate this Agreement by giving the other Party one month’s written notice.
11.3 Termination for cancellation, suspension or insolvency: Either Party may terminate this Agreement by giving the other Party 5 Business Day’s written notice, if:
(a) the Principal no longer requires the Services; or
(b) an order is made or a resolution passed for the relevant Party to be deregistered or wound up; a receiver,
receiver and manager or an administrator is appointed to all or substantially all of the property of the
relevant Party.
11.4 Termination for material breach: Subject to the dispute resolution procedures in the Agreement, either Party may at any time terminate this Agreement if in the reasonable opinion of one Party, the other Party (or one of its employees or agents) commits a material breach of this Agreement including but not limited to a breach of the warranties or the requirement to pay Fees and expenses.
11.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of this Agreement.
12. Liability and Indemnity
Each Party to this Agreement will indemnify and hold harmless the other Party, as permitted by law, from and against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever to the extent that any of the foregoing is directly or proximately caused by the negligent or wilful acts or omissions of the indemnifying Party or its agents or representatives and which result from or arise out of the indemnifying Party's participation in this Agreement. This indemnification will survive the termination of this Agreement.
13. Costs and Expenses
Each Party must pay its own costs and expenses (including legal costs and expenses) in relation to the negotiation, preparation and execution of this Agreement and any variation or replacement of this Agreement.
14. Amendment
This Agreement may only be amended by written agreement executed by all the Parties.
15. Governing Law
It is the intention of the Parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of New South Wales, without regard to the jurisdiction in which any action or special proceeding may be instituted.
16. Severability
In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement.
17. Waiver
The waiver by either Party of a breach, default, delay or omission of any of the provisions of this Agreement by the other Party will not be construed as a waiver of any subsequent breach of the same or other provisions.