Terms & Conditions

Your purchase of services from Tubbzmix Entertainment Pty Ltd (will be referred to as “Tubbzmix Entertainment”, “The Firm” or “Us” in this document), is subject to these Terms and Conditions of Service. By paying your 20% booking fee, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. If you do not accept these Terms, please contact us.

This contract is subject to change without notification to the buyer, We reserve the right the alter this contract at any time, E & OE.

PAYMENTS & PRICING

To secure a DJ booking a 20% booking fee of the initial quote must be paid by credit card or by EFT (bank transfer) in order to confirm a booking. Cheques are not accepted. The firm reserves the right to adjust the booking fee percentage. The booking fee may be the full amount if the event is on short notice.
All booking fee payments are NON-REFUNDABLE. The client agrees to revoke any and all claims for a refund on this payment and understands that this payment is NON-REFUNDABLE.
Final payment via EFT (direct bank deposit), or credit card is due 10 business days prior to the event. If final payment is not received by the date of the event, we reserve the right to withhold the performer from attending the event. Unless an agreement with the firm is made to accept payment on-site prior. Payment must be made to the DJ prior to commencing the performance.
Failure to make full payment before the due date will result in a 10% administration fee added to the full cost of the booking.
Overdue payments that exceed one month of the due date will be referred to a collection agency, with the client being liable for the additional collection fees.
The firm reserves the right to charge additional fees, should the client request an earlier setup time than the 1 or 2 hour slot allocated.
The firm reserves the right to amend pricing based on additional requirements. Additional requirements include any extra costs that the firm may incur to meet the requirements of the venue. This may occur when a client and or venue has withheld or failed to provide information about performer requirements prior to booking the firm. The Firm reserves the right to withhold the performer or to terminate service if the client does not pay the new balance. The firm accepts no liability for this.
Pricing is firm and Tubbzmix Entertainment will not enter into price haggling.
The firm reserves the right to amend pricing based on limited access to the venue, resulting in additional logistical actions being taken by the firm. For example, arriving earlier than scheduled in the booking form.
The client is responsible for any parking fees that the firm may incur that is a result of limited access to the venue.
All EFT payments must be made 10 business days from the date of the event.
If the client chooses to change the venue the firm reserves the right to issue a new contract. The booking fee from the previous payment may be forfeited. The firm reserves the right to issue a new invoice and pricing based on the new venue location.
Failure to make an agreed payment 10 business days before the day of the event may result in a full cancellation of the service. The firm will not be liable for any non performance.
Payments made by bank transfers must include all the require information to identify said payment. If the client does not inform the firm or does not have the correct description the booking may not be confirmed. The firm will not be liable for non performance. The firm will contact the client to advise that payment has been received. The client has a duty of care and responsibility to follow-up if payment has been received if the firm has not contacted the client.

CANCELLATIONS/ RESCHEDULING

Cancellations and/or reschedules (not COVID related reschedules) are considered a change of mind and refunds are subject to the firm’s discretion. Should you wish to cancel your service, we require 12 weeks notice in writing to be eligible for a partial refund. The initial booking fee payment is non-refundable, any payments made after the booking fee will be refunded at the firm’s discretion.
Should the client cancel/reschedule within 10 business days of the event, the cancellation/reschedule fee is 50% of the initial quote/booking price. Any other payments that have been made will only be credited and not refunded.
Failure to pay a cancellation fee will result in the firm referring the debt to a debt collection agency.
This cancellation fee is in process as soon as the booking is made, with no gestation period.
The firm reserves the right to refuse a reschedule. The firm may allow one rescheduling based on availability. The firm requires a minimum of 12 weeks notice for a non COVID related reschedule.
Rescheduling of the length of the booking is permitted by the firm. The firm reserves the right to issue a new fee structure based on the length of the booking. Refunds will not be provided if the client chooses to end their event early.
Rescheduling of the date is subject to availability and prices may change to reflect demand. Booking fees may be forfeit as you will be entering into a new contract with the firm. The firm reserves the right to issue a new invoice based on the date of the new booking. I.E Peak period and off peak. See bottom of the page for Definition.
Refunds of the booking fee will be forfeited if the firm is not available on the date of a requested reschedule. The firm may allow for the booking fee to be credited to an alternate event.
The firm reserves the right to cancel a booking. Any monies paid will be refunded via EFT at the firms discretion.
When rescheduling a booking, the client will be informed by the firm of date availability. If the client chooses a date the firm is not available, the said decision does constitute a change of mind. This change of mind may result in the loss of any booking fees paid. Credits may be applied for future bookings.
Should the client, conduct any deceptive and/or fraudulent activity that the firm deems is fraudulent, the firm reserves the right to cancel all services without any refund with no credits being applied. The client will subsequently be banned from any future bookings.

REFUNDS & CREDITS

Once entered into this contract, full refunds are not permitted, only partial refunds.
You are not entitled to a refund if you are simply unhappy with the performer.
All refunds are taken on a case by case basis and are NOT GUARANTEED by this contract.
Partial refunds are only given in the case of equipment being faulty at the fault of the firm (see section 5, 6)
Any disputes are to remain private between yourself and the firm, and signed documentation stating that you adhere to this is to be signed before any refunds can be given.
Should you breach this contract by publicly renouncing the firm on any third party public forum, social media, online, verbal, printed etcetera, the firm retains the right to refuse a refund.
All credits will expire 2 years from when payment has been received. The client has a responsibility to engage in our services, the firm will not actively pursue the use of said credits.
Credits may be sold to the credit value stated by the firm. A quotation will be issued to the third party prior to purchasing the credit. The firm will not accept credits sold without its knowledge.
Credits are to the value paid, the original total booking costs will not apply to any credits sold.
Any credits that are purchased are subject to availability by the firm. If the third party chooses a date where the firm is not available after having received a quotation for a different date, the firm will not be liable for any losses or damages to the client.
Credits may only be sold once. The new third party revokes their right to resell the credit.

EVENT CONDUCT, VENUE SPECIFICATIONS & COMMUNICATION

We require a minimum of one hour to enter a venue and set up our basic DJ console prior to the start time and also a similar time allowance at the end of the function to pack up.
If you are booking other entertainment as well as hiring our services, please consider the amount of space available and where you require the performer to set up. Speaker location is usually best if it is no greater than 3 metres on either side of the performer.
All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment & liquor licenses. We are not responsible if the venue is found to be in breach of the terms of their license.
It is the client’s responsibility to ensure the equipment booked is suitable for use at the event venue. No refunds, part or full, will be given for non-use of specific equipment that cannot be used due to any venue restrictions imposed. No refunds, part or full, will be given if the client book insufficient sound equipment. Some venue layouts require additional speakers, failure to provide a floorplan will result in the client revoking any right to complain if the sound system is insufficient. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform us of any access restrictions that may impede set up or restrict equipment use.
We do not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problems that we may have in this respect with any of your guests.
We will not be responsible for any damage or loss to private or public property caused by invited or uninvited guests.
It is the responsibility of the client to make sure that there is an adequate provision of electrical power within five metres of our set-up point. We require a minimum of 2 x power outlets on individual circuit breakers dedicated purely for our equipment (not in the form of an extension lead or power board). Any damage caused to our equipment by an inadequate power supply or power interruption is the responsibility of the client. The client is fully responsible for any damage caused to the equipment caused by the use of noise limiters and the subsequent cut off and reintroduction of power without our consultation.
Should the booking end time pass, the firm retains the right to refuse to continue to play unless remunerated on the agreed-upon hourly rate, the payment must be made as a cash payment before the performance is continued. The firm will offer leeway in respect to the precise time. For example, the firm is booked until 12 am and the music concludes at 12:07 am.
Should our DJ’s be performing outside, the client has a duty of care to provide heating, cooling and shelter in the event of extreme weather conditions. If heating or cooling is not supplied and temperatures exceed 35 degrees or drop below 5 degrees the firm reserves to right to stop performing.
A meal and water/soft drinks must be provided to the DJ and/or technicians if the event exceeds 3 hours. Failure to do so will result in the performer taking a legally required break and the firm accepts no responsibility for any refunds for non-performance during this break period.
The firm will endeavour to communicate with the client to ensure no details are missed, however, the client has a duty of care to inform the firm of any changes. The client is solely responsible for communicating changes in a timely manner.
The firm will endeavour to keep within the promised communication level as stated however, during peak periods this may not always be possible. The firm will endeavour to make contact throughout the week leading up to the event.

EQUIPMENT

Equipment supplied is subject to change depending on the requirements of the venue (i.e. size and acoustics), number of guests and availability of equipment.
Only staff employed by us may operate our equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use the equipment owned by the firm. We cannot accept responsibility for damage to property, or injury to persons caused directly by third-party intervention. The firm reserves the right to cancel a booking if patrons attempt to use any equipment without any refund. The firm will not be liable for any non performance. The client will also be charged for retesting and tagging of all equipment in use.
The client agrees that they have a duty of care to ensure guests do not enter the DJ booth, use any of the equipment or place drinks in the vicinity of the booth and/or on speakers. If guests or patrons do use equipment without consent, all items will be retested at the cost to the client. Unauthorised use of equipment may result in the cessation of the entire performance with the firm terminating this contract without liability to the firm. All equipment will be retested and tagged at the clients expense.
All equipment is to be returned in the same condition it went out. The client is responsible for any damage to our equipment caused by yourself or any person at your function. The client agrees to be charged for the full cost of any repairs or replacements required. (You will be advised of any damage as soon as it is caused). This is to be charged to the specified credit card at retail value (-) any discounts.
For bubble machines, snow machines & smoke machines, it is the client’s responsibility to ensure they have the relevant permission from the venue for use of these services. Should there be any additional charges for cleaning up of the discharge from these machines, this is to be paid by the client.
If we are linking our equipment within a fixed in-house audio system, we reserve the right to refuse to do so if the equipment is considered to be unsafe or liable to cause damage to any component linked to it. The client is liable if post inspections prove that damage has been caused by faulty equipment other than ours.
The firm regularly services and maintains all sound and lighting equipment and carry essential backup equipment. In the rare event of any equipment failure, an onsite repair will be attempted. If however there is an irreparable breakdown in lighting and/or sound a partial refund will be given, decided upon by the firm.
Lighting, sound and any other equipment may not be used by other entertainers or by any other person(s) except with the written permission of Tubbzmix Entertainment Company management prior to the event.
Any intentional microphone drops will result in the client paying for the full replacement of a new microphone, irrespective if the damage is apparent or not. The client has a duty of care to inform all their guests using the microphone that dropping, mishandling or throwing of the microphone is strictly prohibited.
The firm will reserve the right to be present during the entire booking, equipment will not be set up and left unattended to comply with WHS standards. Additional fees will be applicable.
If the firm is required to use in house equipment and a failure occurs, the firm accepts no responsibility for the broken equipment, sound quality or sound volume.
Equipment supplied is subject to change depending on the availability & functionality of the equipment. In the event equipment has been double-booked, the firms reserve the right to allocate new equipment or cancel the booking at their complete discretion.
Any equipment that is not supplied by the firm must be within test and tag date by a licensed testing agent with a license number. The firm reserves the right to refuse connection to any untested equipment at no liability to the firm.
The firm reserves the right to withhold the use of microphones if the DJ deems the people intending to use it being highly intoxicated or under the influence of drugs. The firm will not be liable for any damages as a result of this.
In some weather conditions or outdoor settings some equipment may not work as intended. The firm will endeavour to resolve this issue however the firm will not be liable for damages in extreme weather conditions.
The firm will not be liable for any recorded material or microphone issues that may result from speech takers not speaking into the microphone.
The firm reserves the right to refuse items or signs to be attached to the DJ booth. The item must be tested and tagged as per Section 5, clause 1 to be considered for mounting. The firm will not be liable for any damaged done to the items that mounted onto the DJ booth if the firm has consented.
Any item that is not tested and tagged and is subsequently faulty and causes damage will result in all damages and costs being passed onto the client.

TERMINATION OF CONTRACT

We will not be liable for non-fulfilment of this contract by the Management and, or the performer, although every reasonable precaution will be taken. In the event of the client seeking compensation, we will not be liable under any such claim, and the contracted performer will only be liable for a sum up to and not exceeding the contracted amount.
We shall be entitled to terminate this contract without liability if for any reason beyond its control the performer is unable to perform, due to fire or theft of equipment, illness or breakdown of the vehicle. The entertainer will use all reasonable endeavours to locate a replacement performer. However, in the unlikely event of a non-performance, all monies paid will be refunded and this will be the limit of our liability to you the client. The client agrees that this is the limit of our liability when entering this contract.
Under Health & Safety laws, we can withdraw or refuse to perform in an unsafe building, access or venue where the safety of our representatives or the public may be jeopardised. In this unlikely event the booking will be terminated and the full booking fee payable.
Any unauthorised use of equipment by guests, patrons or the client, may result in the cessation of the entire performance with the firm terminating this contract without liability to the firm.

PRIVACY

We reserve the right to use any photography taken during the function period for promotional purposes. School and children events are exempt from this.
The client must advise the firm in writing if they do not wish photography and/or videography to be placed on social media.
To have no media placed on social media the client must advise the firm no later than 2 business days before the event.
The firm reserves the right to use any photography/videography on social media platforms if the client has not provided in writing a requested to not do so.
The firm reserves the right to share images of their DJ console and the venue on social media platforms.
The client agrees that once the event has transpired any and all images remain the right and property of the firm.
The firm reserves the right to take Photography & Videography as evidence for the work being completed. If a dispute arises the firm reserves the right to share the link on social media platforms to demonstrate the service provided. Any unused data will be deleted in 12 months if requested in writing.
For copyrighted images the client has also obtained the rights for the firm to use said copyright images. Any images that are copyrighted and permission is given to the client is also extended to the firm.

LAWS OF VICTORIA

These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.
If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.
If any part of these terms are found to be void, invalid, unlawful or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and the firm.
The failure by the firm to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by the firm.

PLAYLISTS, RUNSHEETS & REQUESTS

Runsheet modifications must be approved by the firm if they are within 3 days of the event.
The firm accepts no responsibility for any errors that may occur from last-minute changes that are made on the day or in the 3 day period.
Requests lists should consist of no more than 30-40 songs.
Requests lists consisting of 70+ songs will have most played, however, the firm does not guarantee this. This is due to the average song consisting of approximately 3-4 minutes. With formalities, background music and structuring the event. There is a significant level of difficulty to incorporate all the different genres into the night and make it a successful event. The firm and the DJ reserve the right to make judgement calls on what will or will not be played. but will happily play the song if requested by the client.

DJ MEETINGS

The firm reserves the right to choose a venue that is close to or a reasonable distance to the DJ.
Meetings will only be arranged once a booking has been made and the booking fee has been paid.
Meetings will last for a maximum of 1 hour unless arranged prior.
Any food or beverages ordered will be paid for by the client, not by the firm.
By requesting and completing a meeting the client or persons requesting the meeting have agreed to give up their right to a refund in the event of a cancellation, regardless of the notice period.
Failure to attend a meeting by the client without 24 hours notice will result in additional charges for any future meetings.

MASTER OF CEREMONY MC DUTIES & RUNSHEET CHANGES

MC duties that are provided are of a general nature. The firm may not detail lengthy stories or make jokes.
MC Duties are light and are basic.
MC duties will be completed to the best of the firms and the DJ’s ability.
Human error may result in minor mistakes. The firm reserves the right to refuse a refund if minor errors occur. The client agrees to accept human error within reason. For example, not proposing a toast.
The firm reserves the right to charge additional fees for more heavily involved MC duties. For example, telling stories or reading scripts.
The client agrees to communicate all changes to the run sheet with the firm. The firm will not accept responsibility for any failure or breakdown of communication on the part of the client. The firm will take measures to prevent failures or breakdowns in communication, with emails and calls.
If the DJ/MC mispronounces a name the firm will not be liable. This is considered human error by the firm and the client accepts this by entering into this contract.
MC duties are only available in English, by booking us the client acknowledges this.

DJ’S

The firm reserves the right to allocate DJs to events based on skills and availability. All bookings are booking the firm and not a specific DJ. The firm will allocate DJs in accordance with their skills or niche abilities to perform and give priority to those bookings over others.
In the event the firm must allocate an external contractor, the equipment shown in the initial quote may change. The firm reserves the right to adjust pricing and issue refunds at their discretion.
If the client fails to request a DJ with a specific skill set and the DJ already is booked for their niche area. Then the firm will not be liable for the allocated DJ’s performance. Niche music is not shared with other DJs.

WORK HEALTH & SAFETY

The firm reserves the right for all their DJ’s & contractors to work in a smoke & vape-free environment.
The firm reserves the right to have a safe work environment.
The firm reserves the right to decline service if a safe working environment cannot be provided.

PHOTOBOOTHS

The firm reserves the right to change booths. The firm may change the booth if one has developed a fault or has been damaged and cannot be repaired prior to the clients booking date.
Internet access is required from the venue to provide instant email and sms photos. If there is no internet access provided any photos will be sent when the booth operator has a stable unlimited internet connection.
There is to be no food, drinks, cigarettes or e-cigarettes inside the booth or in the photo booth area.
There is to be no chairs or other objects to stand on to be taken into the photobooth.
There is to be no lifting up guests, piggy backing or hand stands, or any kind of gymnastics inside the photobooth.
The firm reserves the right to deny use to guests of the photobooth if they are intoxicated or under the influence.
The firm reserves the right to close the booth if repeated violations of these terms and conditions are breached.
The firm reserves the right to adjust floorplans to ensure the photobooth is within close proximity and visual distance from the DJ when the client has booked a DJ and photobooth.
Photobooths booked with a DJ are for a maximum duration of 5 hours from the first photos. The firm may offer a grace period.
Any digital copies will be sent within 40 business days after the event. The firm will endeavour to send them as soon as possible. A digital link to download them will be created that will expire in 5 business days. Should the client fail to access the link it may take up to an additional 40 business days to reupload the images.

DEFINITIONS
Peak days: are days in which the demand for our services are at their highest. Peak days are every Saturday all year round. Friday and Saturdays are considered peak days from September 1st to March 31st.
Off peak days: Are days where demand is lower for our services, which include Sunday to Friday up until August 31st. From September 1st to March 31st off peak days include Sunday to Thursdays.
Our 20% booking fee covers all our reasonable expenses incurred leading up to your event.