1. Definitions Terms & conditions
‘Adult Services’ or ‘Adult Performances’ means Promotional Models, Female Topless Waitresses, Bikini Waitresses, Lingerie Waitresses, Female Strippers, Nude Shows, Topless Waiters, Male Strippers and any nude services, or other service as Evotique may from time to time list or classify as an Adult Service or Adult Performance.
‘Artist’ means any individual or individuals representing Evotique Entertainment at any Event for any Event, also herein referred to as consultant, contractor, associate, entertainer or performer.
‘Booking Confirmation’ means the confirmation of the booking sent with these terms and conditions.
‘Booking Fee’ means the booking fee described in the Booking Confirmation.
‘Contractor Fee’ means the fee payable to the Artist on the Event Date.
‘Customer’ means to include the person or persons who have made the booking, any invitees to the Event of or by the person or persons who have made the booking, and all attendees at the Event (excluding Artists) whether or not so authorised to be there by the person or persons who have made the booking.
‘Event’ means the services, packages, entertainment and activities as specified in the Booking Confirmation and the place and circumstances within which the Artist performs.
‘Event Date’ means the date of the Booking as specified in the Booking Confirmation.
‘Evotique Entertainment’ means the agency, business or service provider with which the Customer makes the booking.
‘Third party’ means any person, business, group, entity, entitlement, premises or other with which the Customer has a separate agreement or booking.
2. Payment Requirements Terms & conditions
2.1 The Booking Fee must be paid immediately upon Booking Confirmation to secure the Artists you desire for your Event, via credit card, direct deposit, or cash. A GST compliant tax invoice will be supplied from Evotique Entertainment upon booking within a reasonable period of time, if requested by the Customer.
2.2 The Contractor Fee is payable direct to the Artist individually as stated in the Booking Confirmation. The Artist shall be paid by cash only, prior to commencing their shift or performance on the Event Date. A Tax Invoice can be supplied by the individual Artist if requested at least 24 hours in advance of the Event Date. Please note GST will be added to the Contractor Fee if applicable.
3. Cancellation Policy Terms & conditions
3.1 Any cancellations made will result in loss of booking fee paid.
3.2 If the booked Artist has cancelled their booking and Evotique Entertainment is unable to find a suitable replacement (approved by the Customer), the Booking Fee will be fully refunded.
4. Refund Policy Terms & conditions
4.1 No refund will be given as a result of harassment of any kind, as referred to in Clause 12.1, that resulted in the Artist removing themselves from the venue or Event.
4.2 No refund will be given as a result of the Artist removing themselves from the venue as a result of the unauthorised photograph or video recording of the Artist, or unauthorised social media activity, as referred to in Clause 12.2
4.3 No refund will be given for the Customer’s inability to access the Third Party’s venue as referred to in Clause 7.3.
4.4 If the Customer is unsatisfied with the service provided, no payments made to the Artist will be refunded subsequent to the Artist leaving the venue. All issues must be addressed with Evotique Entertainment and the Artist on the Event Date.
5. Non-Circumvention Terms & conditions
5.1 The Customer shall at no time directly correspond with any Artist representing or supplied by Evotique Entertainment.
5.2 The Customer shall at no time directly book an Artist represented by Evotique Entertainment.
5.3 Contravention of Clause 5.2 of these Terms and Conditions by the Customer will result in the Customer being liable for the booking fee payable, as though the booking been made through Evotique Entertainment.
6. Tax Invoice Terms & conditions
6.1 The Artist will supply a tax invoice to the Customer if requested by the Customer at least 24 hours in advance of the Event Date.
7. Public Liability & Insurance Policies Terms & conditions
7.1 It is the sole responsibility of the Customer at all times to ensure adequate levels of Public Liability Insurance are in place to cover all Artists.
7.2 For the avoidance of doubt, Evotique Entertainment is not liable for any loss or liability that may incur, including but not limited to personal injury and/or loss and damage to any Artist or property of the Artist.
7.3 Where an Event venue is managed by a Third Party, the Customer acknowledges Evotique Entertainment will not be liable for failing to comply with the Third Party’s terms and conditions. No refund will be given for the Customer’s inability to access the Third Party’s venue, or for any cancellation by the Third Party for any reason whatsoever.
8. Images, Video Footage, and Social Media Terms & conditions
8.1 The Customer agrees and acknowledges that there is to be no images and/or footage taken of any Artist, including but not limited to, mobile phone cameras or any other device capable of taking photographs and recording video footage, at any time whatsoever without prior written consent of the individual Artist.
8.2 The Customer agrees not to upload any images, photos, videos or information in relation to the Artist, onto any device, server, or social media site. A breach of Clause 8 will result in an immediate termination of services any may attract further actions by the Artist or Evotique Entertainment for a breach of privacy.
9. Copyright Laws Terms & conditions
9.1 If prior consent is given by the Artist to take pictures or recordings of the Artist, the ownership of all images of the Artist remain with the Artist at all times. The Artist and Evotique Entertainment reserve their rights completely in respect to any unauthorized use or replication of the images or footage.
9.2 All Intellectual Property Rights in all designs, drawings, technical information and documents created by the Artist in relation to the services provided will remain with the Artist and will not be assigned to the Customer and no supply of services to the Customer will grant to the Customer any Intellectual Property Rights in respect of the Goods and/or Services or such designs, drawings, technical information or documents.
10. Release and Indemnity Terms & conditions
10.1 All Artists are Independent Contractors and not employees of Evotique Entertainment.
10.2 The Customer indemnifies Evotique Entertainment and each member of the Evotique Entertainment’s Personnel from and against any Liability or Claim arising directly or indirectly in relation to:
- the Customer’s breach of any Contract, Agreement or these Terms and Conditions;
- the negligence or wilful misconduct of the Customer, or any member of the Customer’s guests or any of the Event attendees;
- Evotique Entertainment or any member of the Evotique Entertainment’s Personnel delivering services and/or performance in accordance with the Customer’s instructions;
- Evotique Entertainment or any member of the Evotique Entertainment’s Personnel entering the service or performance address;
- damage to the property of the Customer or any Third Party during any delivery of services or performance;
- the Customer or any member of the Customer’s guests directly or indirectly causing any delay in the supply of the Services and/or performance;
- Evotique Entertainment having to resupply the Services or performance, or undertake any rework, as a result of the actions or omissions of the Customer or any third party;
- the Customer or any member of the Customer’s guests refusing to accept the Services or performance;
- the Customer or any member of the Customer’s guests purporting to cancel any Order, Contract, Booking or Agreement.
10.3 Evotique Entertainment does not take responsibility or liability for any loss, damage, injury, or death caused by Evotique Entertainment or any member of the Evotique Entertainment Personnel or Artist delivering services and/or performance to the Customer, except as required by law.
11. Booking Guidelines Terms & conditions
11.1 Please provide Evotique Entertainment with the correct address including: building name, unit number, street number, and an alternative phone number in the event the Artist cannot make contact upon arrival.
11.2 Please provide the Artist with an appropriate area to prepare. A lot of effort goes into the preparation for any shift or service. If there is no appropriate space for the Artist to prepare, please inform Evotique Entertainment in advance so the Artist can make alternative arrangements.
11.3 If your booking involves outdoor areas or you require the Artist to tolerate unpredictable weather issues, please advise Evotique Entertainment in advance. Our Artists pride themselves on quality appearance but may need to cover up with appropriate attire in certain circumstances. They still feel the cold and they work at their best when they are comfortable and warm. To avoid uncomfortable circumstances, try to keep the party indoors in cooler seasons, provide heating (gas heaters) if you are hosting outdoor events. Do not expect Artists to work in poor weather or conditions (e.g. the rain, wind, etc.) when more appropriate areas available to be utilised.
11.4 Please arrange to meet the Artist in a noticeable and well-lit area, and provide a description of yourself and your attire so the Artist can easily identify you
12. Customer Guidelines Terms & conditions
12.1 Harassment of any kind or nature towards the Artist will not be tolerated under any circumstance. Including
between Customers, their guests, their attendees, their invitees, or others. This includes name calling, diminishing comments, sexual requests, violence, aggressive behavior, intimidation, throwing of objects or liquids, touching, cursing or violating the Artist requesting contractors to provide, source or supply illegal substances will result in serious charges, loss of deposit, payment to the contractor & immediate discharge to the contractor from the booking location.. If the Artist is violated or offended in any way, the Artist is permitted to remove themselves from the venue and the entire booking fee will be forfeited.
12.2 Photos and inappropriate touching are strictly prohibited unless the Artist has consented. Please keep cameras and phones away from the Artists range. If you wish to take photos during the event or service, please inform the Artist and ask the Artist to move clearly out of camera view. Respect the Artist’s privacy. If a photo is taken without prior consent, the Artist is permitted to remove themselves from the venue and the entire booking fee will be forfeited.
12.3 Any booking that entails a mixed gender crowd (females at a male party or males at a female party) must be stated upon the Booking request with Evotique Entertainment. If Evotique Entertainment is not informed upon booking, the Artist reserves the right to refuse performance and any deposit paid will be forfeited.
12.4 Any Customer or person attending Event during Adult Services or Adult Performances must be 18 years of age or above. All representatives of Evotique Entertainment are permitted to ask Customers or persons who look under 18 to provide adequate identification. The Artist is permitted to request any individual under 18 years of age to remove themselves from the Event venue. The Artist is permitted to remove themselves from the venue and all money paid will be forfeited in the event adequate identification is not provided or an individual under 18 years of age does not remove themselves from the Event venue.
12.5 Please understand that Artists may have incoming texts allocating work, availability and bookings that they need to attend to, but this should not take much time for them to promptly reply with a short text. Artists are permitted to briefly use mobile devices during bookings. Any excess usage of mobile devices, should be reported to the Evotique Entertainment on the Event Date so this can be addressed immediately.
12.6 Artists are advised to arrive 10 minutes prior to the Booking time. Please ensure the mobile device of the number provided is loud and in range and the Customer has arranged to meet the Artist. Please note the Artist may call from a private number and prepare your phone accordingly. The Customer will not be compensated for time lost as a result of the Customer not being reachable or failing to adequately prepare meeting the Artist.
12.7 If an Artist is not able to arrive by the Event start time or requires more than 10 minutes preparing for their shift, the Artist will notify the Customer and the Event time will be extended accordingly. Please notify Evotique Entertainment if this is not complied with and a reimbursement for lost time calculated in proportion to the hourly rate will be provided.
These terms and Conditions have a copyright and are owned by Legend Legal Group. No part of these terms, conditions, or any part of this document, can be copied without the express authority of Legend Legal Group. If you alter or copy any part of these terms and conditions, you will be prosecuted. These terms and conditions have certain unique clauses and are created for certain defined purpose and for Evotique Entertainment only. If you copy these terms and conditions for another purpose or for other parties, some of the clauses may not be valid in their present form.
Property of Legend Legal Group – www.legendlegal.com.au