1. Parties and Definitions
1.1 In these Terms: "Provider" means Vadalma Event Group (ABN 96 881 959 620), its owner, employees, contractors and agents; "Organiser" or "Client" means the person, business or entity named in the Quote who books the Services and is responsible for the Event; "Quote" means the written quote and/or invoice issued by the Provider describing the Event, the Services, the Equipment and the fees; "Services" means the services described in the Quote, which may include DJ performance, equipment hire, staffing, and coordination of third-party services; "Equipment" means all equipment supplied under the Quote, whether owned by the Provider or hired from a Supplier, including without limitation speakers, lighting, DJ decks, cabling and accessories; "Supplier" means any third party from whom the Provider hires equipment or engages services; "Event" means the function described in the Quote; "Deposit" means 50% of the total fee stated in the Quote; and "Force Majeure Event" has the meaning given in clause 14.
1.2 The specific details of each Event — including the date, venue, times, scope of Services, Equipment and pricing — are set out in the Quote. The Quote forms part of, and is governed by, these Terms.
1.3 If there is any inconsistency between these Terms and the Quote, the Quote prevails to the extent of the inconsistency for that Event only.
2. Formation and Acceptance
2.1 A binding agreement on these Terms is formed when the Organiser pays the Deposit, or pays the Quote or invoice in full, whichever occurs first. No signature is required.
2.2 Each Quote remains valid until the Event date stated in it, or until the Provider issues a new or revised Quote for the same Event, whichever occurs first. A new or revised Quote replaces all earlier Quotes for that Event.
2.3 These Terms, together with the Quote, constitute the entire agreement between the parties and prevail over any terms proposed by the Organiser unless the Provider agrees otherwise in writing.
3. Scope of Services
3.1 The Provider will supply only the Services and Equipment expressly listed in the Quote. Anything not listed is excluded.
3.2 Where the Quote includes the coordination or facilitation of third-party services — including without limitation security, ticketing platforms or ticketing setup — the Provider acts solely as a coordinator or introducer. The Provider does not supply those services, does not warrant or guarantee their performance, and accepts no responsibility or liability for the acts, omissions, quality or availability of any third-party service provider. Responsibility for those services rests with the Organiser and the relevant third party.
3.3 Additional services or equipment requested before or during the Event may be supplied at the Provider's discretion and charged at the Provider's then-current rates.
4. Fees and Payment
4.1 A Deposit of 50% of the total fee is payable no later than fourteen (14) days before the Event date. The booking is not confirmed, and the Provider is not obliged to hold the date, until the Deposit (or full payment) is received.
4.2 The balance of the fee is payable no later than the Event date, unless the Quote states otherwise.
4.3 Additional charges may apply for overtime, additional equipment or services requested on the day, extended travel, parking, tolls or venue-imposed costs, and will be invoiced after the Event where applicable.
4.4 If any amount remains unpaid when due, the Provider may withhold or suspend the Services, and may charge reasonable costs of recovery of overdue amounts.
4.5 All amounts are in Australian dollars. Where GST applies, it will be stated in the Quote.
5. Cancellation, Rescheduling and No-Show
5.1 If the Organiser cancels the Event more than fourteen (14) days before the Event date, the Deposit will be refunded.
5.2 If the Organiser cancels the Event fourteen (14) days or fewer before the Event date, the Deposit is non-refundable. The Provider may also charge for any non-recoverable costs already incurred with Suppliers for the Event.
5.3 Rescheduling is subject to the Provider's availability. Where the Provider agrees to a rescheduled date, the Deposit will be applied to the new date. A second rescheduling may be treated as a cancellation.
5.4 If the Provider and its Equipment are ready to perform but the Event does not proceed, the venue is inaccessible, or the Organiser fails to attend, the full fee remains payable.
5.5 If the Provider must cancel for reasons within its control, the Provider will refund all amounts paid for Services not delivered. This is the Organiser's sole remedy for such cancellation, to the maximum extent permitted by law.
6. Equipment — Care, Risk and Responsibility
6.1 All Equipment remains at all times the property of the Provider or the relevant Supplier. Nothing in this agreement transfers ownership to the Organiser.
6.2 From the time Equipment arrives at the venue until it is removed by the Provider, the Organiser is responsible for its security and safekeeping and is liable for any loss, theft of, or damage to the Equipment caused by the Organiser, its staff, contractors, guests, patrons or any other person other than the Provider's own personnel, at full replacement or repair cost.
6.3 Only the Provider's personnel may operate, move, adjust or interfere with the Equipment unless the Provider expressly authorises otherwise.
6.4 The Provider will supply Equipment in good working order and may substitute equipment of equivalent or better specification where necessary.
6.5 Equipment hired from Suppliers may also be subject to that Supplier's terms, and the protections in these Terms extend to and are held for the benefit of each Supplier.
7. Venue, Access, Power and Site Requirements
7.1 The Organiser must, at its own cost, secure all venue permissions, access for load-in and load-out, parking for the Provider's vehicles, and a safe, dry, level and structurally suitable area for the Equipment and performance.
7.2 The Organiser must provide adequate, safe and compliant electrical power as reasonably specified by the Provider.
7.3 The Provider is not liable for any delay, interruption or failure of the Services caused by inadequate power, restricted access, unsuitable site conditions, venue rules or directions of venue management, and no refund is payable in those circumstances.
8. Health, Safety and Work Health and Safety
8.1 Both parties must comply with the Work Health and Safety Act 2011 (Qld) and associated regulations.
8.2 The Organiser, as the party responsible for the Event, is responsible for overall event safety, including crowd management, patron conduct, venue safety, emergency procedures and compliance with venue capacity limits.
8.3 The Provider is responsible only for the safe setup and operation of its own Equipment and the conduct of its own personnel, and will take reasonable steps to manage cabling and trip hazards within its work area.
8.4 The Provider may, without penalty or liability, delay, suspend or refuse setup or performance where, in its reasonable opinion, conditions are unsafe for its personnel, its Equipment or Event patrons, until the unsafe condition is remedied.
9. Liability, Indemnity and Insurance
9.1 The Organiser acknowledges that the Provider is a contracted service provider only and is not the organiser, promoter, host or controller of the Event. Legal and practical responsibility for the Event, its patrons, its compliance with law and everything that occurs at the Event rests solely with the Organiser, except to the extent caused by the Provider's own negligent acts or omissions in delivering the Services.
9.2 To the maximum extent permitted by law, the Provider's total aggregate liability arising out of or in connection with the Event or this agreement is limited to the total fees actually paid by the Organiser for that Event.
9.3 To the maximum extent permitted by law, the Provider is not liable for any indirect or consequential loss, including loss of profits, revenue, ticket sales, reputation or opportunity.
9.4 The Organiser indemnifies and holds harmless the Provider, its personnel and its Suppliers against all claims, losses, damages, costs (including legal costs) and liabilities arising out of or in connection with the Event, including claims by patrons, guests, the venue or third parties, except to the extent caused by the Provider's own negligence.
9.5 The Organiser must hold, or ensure the venue holds, current public liability insurance appropriate for the Event and must provide evidence of it on request.
9.6 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where liability for breach of a non-excludable guarantee can be limited, the Provider's liability is limited, at its option, to resupplying the relevant services or paying the cost of resupply.
10. Legal Compliance, Alcohol and Minors
10.1 The Organiser is solely responsible for obtaining and complying with all permits, licences and approvals required for the Event, including any liquor licence or permit, entertainment or event permits, and local council or noise approvals.
10.2 The Provider does not condone, support, facilitate or participate in any unlawful activity, including without limitation the supply of alcohol to minors, underage drinking, or illicit drug use. The Provider's presence at, or provision of Services to, an Event is not and must not be represented as endorsement of any activity at the Event.
10.3 The Organiser warrants that the Event will comply with the Liquor Act 1992 (Qld) and all other applicable liquor laws.
10.4 Where alcohol is present at any Event attended by persons under 18 years of age (including youth, school, all-ages or community events), the Organiser agrees to take active and effective measures to prevent minors from accessing or consuming alcohol. Such measures should include, without limitation:
(a) age verification at entry, with wristbands or similar identifiers clearly distinguishing patrons aged 18 and over from minors;
(b) bag checks at entry to prevent alcohol being brought into the Event;
(c) licensed or appropriately trained security personnel actively monitoring the Event and confiscating alcohol from underage patrons; and
(d) where alcohol is served, a physically separated and supervised licensed area restricted to patrons aged 18 and over.
10.5 In accordance with Responsible Service of Alcohol (RSA) obligations and applicable liquor laws, any patron consuming alcohol unlawfully — including any minor consuming alcohol and any person supplying alcohol to a minor — must be removed from the premises. Enforcement of this requirement, including directing and effecting the removal of such patrons (through the Organiser's security personnel or otherwise), is solely the responsibility of the Organiser. The Provider and its personnel have no responsibility for, and will not participate in, the physical removal of patrons.
10.6 If the Provider observes underage drinking, illicit drug use, violence or other unlawful or dangerous activity that the Organiser fails to promptly and effectively address after being notified — including failure to remove offending patrons as required by clause 10.5 — the Provider may pause or cease the performance and Services and, where necessary, withdraw from the Event, without refund and without liability.
10.7 Noise limits, curfews and local regulations are the Organiser's responsibility. The Provider will comply with lawful directions regarding volume but is not liable for any consequence of noise restrictions imposed on the Event.
10.8 The Organiser indemnifies the Provider, its personnel and its Suppliers against any claim, penalty, loss or cost arising from unlawful activity at the Event by the Organiser, its staff, contractors, patrons or guests.
11. Subcontractors and Third-Party Suppliers
11.1 The Provider may subcontract any part of the Services and may use Equipment or personnel supplied by third parties.
11.2 Every limitation of liability, indemnity and protection in these Terms that benefits the Provider is also held by the Provider for the benefit of, and may be enforced for, its personnel and Suppliers.
12. Staff Conditions and Conduct
12.1 The Provider's personnel will act professionally at all times.
12.2 The Organiser must provide the Provider's personnel with a safe working environment and reasonable access to drinking water. Where a performance or engagement extends beyond six (6) hours, the Organiser must provide a reasonable meal for each of the Provider's personnel on site.
12.3 Harassment, abuse, threats or violence toward the Provider's personnel will not be tolerated. The Provider may withdraw its personnel and cease the Services without refund if such conduct occurs and is not immediately addressed by the Organiser.
13. Performance and Creative Control
13.1 Unless a specific playlist or program is agreed in writing in the Quote, song selection, mixing and the handling of song requests remain at the discretion of the DJ, who will use reasonable judgement to suit the Event and audience.
13.2 The Provider will comply with reasonable venue and legal sound level requirements.
14. Force Majeure
14.1 Neither party is liable for failure or delay in performing its obligations (other than payment obligations already due) caused by an event beyond its reasonable control, including extreme weather, flood, fire, natural disaster, epidemic or pandemic, government restriction or direction, power or utility failure, or road closure (a "Force Majeure Event").
14.2 If a Force Majeure Event prevents the Event from proceeding, the Deposit is not refundable; however, the Provider will apply the Deposit as a credit toward a rescheduled date agreed with the Organiser, subject to the Provider's availability.
15. Weather and Outdoor Events
15.1 For outdoor Events, the Organiser must provide adequate cover and weather protection for the Equipment and the Provider's personnel.
15.2 The Provider may refuse to set up or operate electrical Equipment in wet, windy or otherwise unsafe conditions, without liability and without refund where the Organiser has failed to provide adequate protection or a suitable alternative area.
16. Photography, Recording and Media
16.1 Photography and recording of the performance is permitted, including by patrons of the Event. The Organiser is responsible for obtaining any clearances, consents or notices required in connection with photography or recording at the Event, including in respect of patrons.
16.2 The Provider may photograph and record at the Event and may use any photos and videos taken by or provided to it as it sees fit, including for marketing, advertising and social media, without further consent or payment. If the Organiser requires any restriction on this use, it must be agreed in writing before the Event.
17. Music Licensing
17.1 Any music licences required for the public performance of music at the Event, including OneMusic Australia (APRA AMCOS / PPCA) licences, are the responsibility of the venue and/or the Organiser. The Provider is not responsible for, and the Organiser indemnifies the Provider against, any claim arising from the absence of such licences.
18. Privacy
18.1 The Provider collects personal information from the Organiser to provide the Services. The Provider will never sell personal information. Personal information may be used by the Provider for its own marketing, and may be shared with Suppliers and third-party providers where reasonably necessary to arrange or deliver third-party hires or services for the Event. The Organiser may opt out of marketing communications at any time.
19. Termination
19.1 The Provider may terminate this agreement or suspend the Services immediately, without refund and without liability, if the Organiser fails to pay amounts when due, if conditions are unsafe or unlawful as described in clauses 8, 10 or 15, or if the Organiser commits a material breach of these Terms that is not remedied promptly after notice.
20. Dispute Resolution and Governing Law
20.1 This agreement is governed by the laws of Queensland, Australia.
20.2 Before commencing court proceedings, the parties must first attempt in good faith to resolve any dispute by negotiation, and if unresolved within 21 days, by mediation. This clause does not prevent a party seeking urgent relief.
20.3 The parties submit to the non-exclusive jurisdiction of the courts of Queensland, and agree that any proceedings should be commenced in the court registry nearest to Toowoomba, Queensland, wherever practicable.
21. General Provisions
21.1 These Terms may only be varied in writing agreed by the Provider.
21.2 If any provision of these Terms is unenforceable, it is severed and the remainder continues in full force.
21.3 A failure by either party to enforce a right is not a waiver of that right.
21.4 The Organiser may not assign this agreement without the Provider's written consent.
21.5 Notices may be given by email to the addresses stated in the Quote.
21.6 The Provider is an independent contractor. Nothing in this agreement creates an employment, partnership, joint venture or agency relationship, and nothing makes the Provider an organiser, promoter or host of the Event.
22. Acknowledgement and Acceptance
22.1 By paying the Deposit, or by paying the Quote or invoice in full, the Organiser confirms that they have read, understood and agree to be bound by these Terms and Conditions together with the Quote, and that they accept responsibility for the Event as set out in these Terms.
