Michael Webb Magic
ABN127 Old South Head Road,
Bondi Junction, NSW 2022
Thank you for choosing Michael Webb Magic.
Please read the following Terms and Conditions carefully. In order for you to book any services, you must first agree to these Terms and Conditions (the Terms) which sets out the general legal relationship between you (as the Client) and Michael Webb Magic (referred to as Michael, we, us or our). Michael provides a range of magical performance experiences including for corporate events, private events, weddings and birthday parties, and is qualified to provide celebrant services (including legal marriage ceremonies, renewal of marriage vows, and commitment celebrations) which are described in more detail in AlakaZoom) (all of these experiences and services are known for the purpose of these Terms as the Services). all event bookings are for a minimum of 60 minutes.
Michael has the right to remove or vary these Terms at any time without notice. It is the Client’s responsibility to be aware of any changes made to these Terms.
The Quotation & the Contract
1. (Obligation-free quotation) Upon request, we will provide you a price list and description of the Services available and confirmation of upcoming availability. We will work with you to clarify what Services you are seeking. Once we understand the scope of your request, we will issue a “Quotation” (by way of email confirming the Services, the time/date of the Services and the Price).
2. (Expiry of quote) We are unable to hold our availability for event times and dates indefinitely, so while we will endeavour to contact you if we become aware your preferred time/date will be booked by another person, we reserve the right to allocate the event time/s and/or date/s to another prospective client.
3. These Terms apply to the delivery of all Services by us as set out in the Quotation. Together the Quotation and the Terms form the contract between the Client and Michael (the Contract). You can accept the Contract by oral or written acceptance (email is preferred) or by the payment of the Deposit in accordance with clause 8.
4. If you are under the age of eighteen (18) years, then you must have a parent or guardian confirm they agree to the Terms on behalf of the Client.5. You (as the Client) acknowledge that by booking any Services with Michael: a. You are over the age of eighteen (18) years or, you have a parent or guardian’s confirmation of these Terms; and b. You have read and you agree to these Terms (and therefore the Contract).
Payment & Securing Bookings
6. (Price) The Price for the Services is described in the Quotation. All Prices are inclusive of any GST which may be applicable.
7. (Out of Pocket Expenses) The Client acknowledges that where possible the Quotation will also set out an estimate of the additional out-of-pocket costs that the Client is responsible for, for example travel and/or accommodation costs (Out Of Pocket Expenses).
8. (Securing a Booking) All Services will require a payment of 100% of the Price to secure the booking (the Deposit). The Deposit will be deducted from the total owing for your event. Bookings are fully secured upon payment of the Deposit and email confirmation sent by Michael.
9. (Balance of the Price) The balance of the Price and Out of Pocket Expenses are due as follows: a. on the day of the event; or b. (if an invoice is requested by the Client in advance of the event, or by prior agreement with Michael) within 14 days after the event.
10. (Additional Services) If, on the day of the event, the Client requests additional Services, Michael may (in his absolute discretion) agree to provide the additional Services (including by extending performance/event hours). The cost of those additional Services will be calculated using the hourly rates set out in the applicable price list. The parties should agree the timing of payment but if no agreement is reached on the timing of payment, the Client must pay the cost of those additional Services within 14 days after the event.
11. (Method) Payments can be made by cash, Electronic Funds Transfer, VISA or MasterCard. All credit card payments attract an additional 2.5% surcharge.
12. (Description of transfer) When paying via Electronic Funds Transfer, please put in the either the invoice number, or a description of your name and date of the event. For example, Invoice 12345 or Katie 04.08.21.
13. (Interest and Costs) Failure to pay the Price, any Out of Pocket Expenses and any additional charges (or any part of those amounts) by their due date may result in interest being charged on the outstanding balance calculated daily at an annual rate of 6%, and we reserve the right to charge any costs of enforcement (including legal fees).
14. (Your right to terminate) You may terminate or cancel this Contract (and the Services) at any time with immediate effect by giving us notice in writing to firstname.lastname@example.org.
15. (Our right to terminate) We reserve our right to terminate this Contract and the Services at any time with immediate effect by written notice to your email account if:
a. You fail to make a payment of the Price (Out of Pocket Expenses, or additional charges) in accordance with clauses 8, 9 or 10 by its due date.
b. You do any act or thing that damages or may damage the goodwill and reputation of Michael or his business;
c. We are unable to supply the Services due to illness, injury, emergency, bereavement, or other cause beyond our control (for example, COVID-19 travel restrictions requiring us to seek permits or quarantine to visit your chosen location); or
d. We give you at least four (4) weeks notice.
16. (Consequences of termination and Refunds):
a. You acknowledge that 25% of the Price (i.e. half the Deposit) which was paid to secure the booking is non-refundable under any circumstances.
b. If you cancel the Services less than 48 hours prior to the event time, then we may keep all payments made toward the Price.
c. If you cancel the Services more than 48 hours prior to the event time but less than 7 days before the event date, then we will keep the Deposit and we will return all other money paid toward the Price.
d. If you cancel the Services more than 8 days before the event date, then we will keep 25% of the Price (i.e. half the Deposit) and we will return all other money paid toward the Price.
e. If we cancel this Contract in accordance with clause 15a or 15b, then we will keep all payments made toward the Price.
f. If we cancel this Contract in accordance with clause 15c or 15d, then we will:
i. work with you to provide the Services via Zoom on the event date/time, or to reschedule the Services to another date or time that suits both the Client and Michael; and
ii. (if the Services cannot be performed via Zoom or rescheduled) refund you all payments made toward the Price and provide you with reasonable assistance to locate another respectable magician or celebrant.
g. No refund will be provided where Services are completed. If you are dissatisfied in anyway, you must discuss this with Michael while he is on location at the event.
h. The amounts kept by Michael under this clause 16 are a genuine estimate of the damages he is likely to suffer as a result of the termination of the Contract (including the administrative costs of the original booking and communication).
17. A start time and end time will need to be agreed for each event at the time of booking.
18. We perform all our Services with due care and skill. We will do our best to ensure that all Services are completed to the Client’s reasonable satisfaction but Michael will not be required to exceed the allotted booking time to do so.
19. If Michael is late for an event by less than 15 minutes, then Michael will continue to perform the Services for the equivalent amount of time after the allotted event time (to ensure the Client gets the benefit of the agreed hours of Services).
20. If Michael is more than 15 minutes late for a event then (depending on other bookings on the day) Michael may:
a. continue to perform the Services for the equivalent amount of time after the allotted event time (to ensure the Client gets the benefit of the agreed hours of Services); or
b. offer the Client a pro-rata discount to the Price.
21. If the Client does not make the venue available for the performance at the agreed start time, Michael will not be required to exceed the allotted and pre-agreed event time but the Client will remain liable for the full Price.
22. For Services of between 3 and 5 hours, the Client must provide one 15 minute break and a meal for Michael.
23. For Services longer than 5 hours, the Client must provide two 15 minute breaks and a meal for Michael.
24. Prior to the event Michael will inform the Client of any special requirements the Client needs to arrange for the event (for example a headset microphone for a corporate event). If the Client cannot supply these, Michael will work with the Client to find an alternative arrangement but if the special requirement is fundamental then Michael may arrange this himself at the Client’s cost.
25. To the fullest extent permitted by law, but subject always to this Contract, all conditions and warranties not expressly contained herein are hereby expressly negated and excluded and in no event will Michael be liable for any claims or damages including, but not limited to, injury or illness to any person, or damages arising from loss of or damage to any of the Client’s property.
Photography, Social Media and Video Recordings
26. (Our Recording) Michael (and any of his contractors) reserve the right to take photos of or video record the performances, and we may use any such photos or film for promotional and/or commercial purposes. You consent to this use by making the booking.
27. (Your Recording) You may take photos of or video record the performance and you may upload to social media (we encourage it!) provided that those videos and photos are for non-commercial use only. You have no right to use any videos or photos for your own commercial benefit/profit.
28. In order to provide you with the Services, we may request personal details like your name, address, telephone number, email address and personal address (personal information). We will take all reasonable steps to protect your personal information from unauthorised use or disclosure.
29. You consent to us providing your personal information to our contractors to provide the Services.
30. The Client may not assign any of its rights under this Contract without Michael’s prior written consent.
31. No variation to this Contract will be effective unless in writing and signed (or acknowledged by email) by all parties.
32. This Contract is governed by the laws in force of the New South Wales, Australia.