TERMS & CONDITIONS

Engagement of Services

1. By signing and returning the contract as issued, the hirer(s)/client(s)/customer(s), who will be referred to hereinafter as “the engager”, is formally engaging Imessa to perform at their event as the details specify in the Services Agreement, which will be referred to hereinafter as the “contract”.

2. The contract serves as confirmation of Imessa performance in conjunction with a non-refundable deposit: deposit amounts are specified in clause 2 of this document.

3. The deposit is non-refundable because by entering into this contract you are securing a particular event date that cannot be offered to another party and resources will be secured on the engager’s behalf from the time a booking is confirmed until the event date, so that Imessa can fulfil their obligations at that time.

4. A booking cannot be considered 100% confirmed and locked-in until the contract has been signed and returned to Imessa and by doing so, the engager is agreeing to the specified terms and conditions in their entirety.

Deposits & Fees

5. Bookings confirmed 71 days (10 weeks and 1 day) or more before an event

a. A 30% deposit of the total booking cost is required to reserve Imessa services for the engager’s chosen event date and payment is due within 30 days of the engager returning their signed contract.

b. The remaining 70% balance of the total booking cost must be received by Imessa no later than 14 days before the engager’s confirmed event date.

6. Bookings confirmed 29 days (4 weeks and 1 day) or more before an event

a. A 30% deposit of the total booking cost is required to reserve Imessa services for the engager’s chosen event date and payment is due within 14 days of the engager returning their signed contract.

b. The remaining 70% balance of the total booking cost must be received by Imessa no later than 14 days before the engager’s confirmed event date.

7. Bookings confirmed 15 days (2 weeks and 1 day) or more before an event

a. A 30% deposit of the total booking cost is required to reserve Imessa services for the engager’s chosen event date and payment is due within 7 days of the engager returning their signed contract.

b. The remaining 70% balance of the total booking cost must be received by Imessa no later than 14 days before the engager’s confirmed event date.

8. Bookings confirmed 8 days (1 week and 1 day) or more before an event

a. 100% of the total booking cost is required to reserve Imessa services for the engager’s chosen event date and payment is due within 3 days of the engager returning their signed contract.

9. Bookings confirmed 7 days (1 week) or less before an event

a. 100% of the total booking cost is required to reserve Imessa services for the engager’s chosen event date and payment is due within 24 hours of the engager returning their signed contract.

Grace Period

10. Bookings confirmed 71 days (10 weeks and 1 day) or more before an event

a. If the engager makes a cancellation request within 14 days of the engager’s signed contract being received by Imessa, the 30% deposit, minus a $150 administration fee, will be refunded.

b. If any other monies have been paid in addition to the deposit, those monies will also be refunded.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

d. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

11. Bookings confirmed 29 days (4 weeks and 1 day) or more before an event

a. If the engager makes a cancellation request within 7 days of the engager’s signed contract being received by Imessa, the 30% deposit, minus a $150 administration fee, will be refunded.

b. If any other monies have been paid in addition to the deposit, those monies will also be refunded.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

d. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

12. Bookings confirmed 28 days (4 weeks) or less before an event

a. If the engager makes a cancellation request during this timeframe, the standard Imessa terms and conditions are applicable in their entirety: there is no grace period applicable.

Cancellation by Engager

13. Bookings cancelled 71 days (10 weeks and 1 day) or more before an event

a. If the engager makes a cancellation request during this period, 30% of the total booking cost will be non-refundable (unless it falls within a grace period).

b. If any or all of the remaining 70% balance has also been paid, that amount will be refunded to the engager.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

d. Any outstanding amounts owing must be paid by the original due date or within 30 days of making the cancellation request (whichever comes first).

e. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

14. Bookings cancelled 29 days (4 weeks and 1 day) or more before an event

a. If the engager makes a cancellation request during this period, 50% of the total booking cost will be non-refundable (unless it is within a grace period).

b. If any or all of the remaining 50% balance has also been paid, that amount will be refunded to the engager.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

d. Any outstanding amounts owing must be paid by the original due date or within 30 days of making the cancellation request (whichever comes first).

e. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

15. Bookings cancelled 15 days (2 weeks and 1 day) or more before an event

a. If the engager makes a cancellation request during this period, 70% of the total booking cost will be non-refundable (unless it falls within a grace period).

b. If any or all of the remaining 30% balance has also been paid, that amount will be refunded to the engager.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

d. Any outstanding amounts owing must be paid by the original due date or within 30 days of making the cancellation request (whichever comes first).

e. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

16. Bookings cancelled 14 days (2 weeks) or less before an event

a. If the engager makes a cancellation request during this period, 100% of the total booking cost will be non-refundable (unless it falls within a grace period).

b. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the cancellation.

c. Any outstanding amounts owing must be paid by the original due date or within 30 days of making the cancellation request (whichever comes first).

d. Cancellation requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

Downgrade by Engager

17. Bookings downgraded 71 days (10 weeks and 1 day) or more before an event

a. If the engager makes a downgrade request during this period, and consequently, a booked musician’s services are no longer required, this is considered a cancellation of that musician’s services and 30% of each cancelled musician’s fee will be non-refundable.

b. If the downgrade request falls within the 14 day grace period, a $75 administration fee will be applicable and the final balance will be adjusted to reflect the booking amendments.

c. If any or all of the remaining 70% balance of each cancelled musician’s fee has already been paid, that amount will be deducted from the final balance (no refunds will be provided at the time of downgrading).

d. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the downgrade.

e. Downgrade requests must be made in writing directly to Imessa by the engager.

18. Bookings downgraded 29 days (4 weeks and 1 day) or more before an event

a. If the engager makes a downgrade request during this period, and consequently, a booked musician’s services are no longer required, this is considered a cancellation of that musician’s services and 50% of each cancelled musician’s fee will be non-refundable.

b. If the downgrade request falls within the 7 day grace period, a $75 administration fee will be applicable and the final balance will be adjusted to reflect the booking amendments.

c. If any or all of the remaining 50% balance of each cancelled musician’s fee has already been paid, that amount will be deducted from the final balance (no refunds will be provided at the time of downgrading).

d. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the downgrade.

e. Downgrade requests must be made in writing directly to Imessa by the engager.

19. Bookings downgraded 28 days (4 weeks) or less before an event

a. If the engager makes a downgrade request during this period, and consequently, a booked musician’s services are no longer required, this is considered a cancellation of that musician’s services and 100% of each cancelled musician’s fee will be non-refundable.

b. Grace periods are not applicable during this period.

c. If no monies have been paid yet, the engager may be invoiced for any additional fees due as a result of the downgrade.

d. Downgrade requests must be made in writing directly to Imessa by the engager.

Reschedule by Engager

20. Booking reschedule requests made 183 days (26 weeks and 1 day) or more before an event

a. If the engager makes a reschedule request during this period, a $75 administration fee is applicable.

b. Payment is due within 3 days of making the reschedule request.

c. Reschedule requests must be made in writing directly to Imessa by the engager.

21. Booking reschedule requests made 71 days (10 weeks and 1 day) or more before an event

a. If the engager makes a reschedule request during this period, a rescheduling fee of 30% of the total booking cost is applicable.

b. Payment is due by the original due date or 6 weeks from making the reschedule request (whichever is first).

c. Reschedule requests must be made in writing directly to Imessa by the engager.

22. Booking rescheduling requests made 70 days (10 weeks) or less before an event

a. If the engager makes a reschedule request during this period, a rescheduling fee of 50% of the total booking cost is applicable.

b. Payment is due by the original due date or 6 weeks from making the reschedule request (whichever is first).

c. Reschedule requests must be made in writing directly to Imessa by the engager.

Covid-19/The Pandemic

23. If the engager’s event cannot proceed as planned due to a Covid-19 government imposed lockdown that directly prevents the wedding couple from attending their wedding, the engager may reschedule the booking with no financial penalty by nominating another future date (a date must be chosen: it cannot be left open).

24. A Covid-19 reschedule request will not be granted for any other person or vendor that is directly prevented from attending or hosting the wedding or event, including but not limited to: guests; members of the bridal party; venue and event staff; the celebrant.

25. If Imessa are unavailable on the engager’s new event date (I.e. due to already being booked by another engager or for any other reason), a refund of any monies paid, minus a $150 administration fee, will be provided to the engager.

26. Covid-19 reschedule requests must be made in writing directly to Imessa by the engager and any applicable refunds will be processed within 14 days of Imessa receiving the request.

27. Complete cancellations or downgrades due to Covid-19 are subject to the Imessa standard terms and conditions.

Quotes

28. All quotes from Imessa are valid for 30 days, excluding quotes for flights, transport and/or accommodation as these may be subject to change.

Payment Methods

29. Payments to Imessa can be made by direct bank transfer.

Imessa Bands

30. The band’s “start time” is when the band is ready to commence playing and the “finish time” is when the band cease playing and commence packing up equipment. Set up and sound check will begin approximately 60 minutes prior to the start time of an event.

31. If the engager or venue requests an early set up time and/or sound check, additional costs may apply and are charged to the engager at $83 per hour, per musician or $41.50 per 30 mins, per musician (based on Musicians Australia minimum wage).

32. For any bookings that exceed 12am, an additional $50 per musician, per hour will be applicable.

33. Extended bookings are charged at $150 per musician, per hour (for example, booking a 6 hour reception, instead of the standard 5 hours).

34. There can be a maximum of 4 x 45 minute sets during a 5 hour booking (performance time cannot exceed 3 hours in length) and one or more of those sets must be a dinner/background music set.

35. Sets cannot be longer than 60 minutes in length and must have a set break of at least 15 minutes.

36. During set breaks, the band will play appropriate background music through Spotify from a pre-prepared playlist or from a playlist submitted in advance by the engager.

37. If at a later date the event schedule and/or details specified by the engager contradict previous communications with Imessa, the contract, booking inclusions and/or original quote(s), additional costs may apply.

Band Meals & Beverages

38. It is a requirement that the engager provides Imessa and all contracted band members with a basic crew meal. This is industry standard and the venue or catering company can assist the engager in organizing this.

39. Access to drinking water is required at all times for Imessa and all contracted band members during events.

40. The provision of other beverages are greatly appreciated where possible.

Outdoor Events & Weather

41. It is the engager’s responsibility to ensure all band members and their equipment and/or property have sufficient protection from the elements, especially from heat, rain and moisture.

42. During the band’s performance, if the weather becomes unsuitable and/or unsafe (i.e. electrical equipment and/or musicians are getting damp or wet) band members reserve the right to cease performing, and may pack up any electrical equipment at their discretion.

43. In the colder months, it is the engager’s responsibility to ensure that there is appropriate heating provided for all band members, to ensure their health and wellbeing.

44. It is the engager’s responsibility to ensure the band has clear access to an adequate power supply close to the performance location, preferably from a source that is not shared with other electronics, as these can often interfere and cause power cuts.

45. The band requires a dry, flat, hard surface to set up on.

Private Property Events

46. If the engager does not have a venue manager for their event then someone must be appointed as a contact for Imessa to liaise with on-site regarding any issues that may arise.

47. If the private property is difficult to locate, it is the engager’s responsibility to provide detailed instructions on how to locate the venue in advance.

48. If there will be no phone reception at the event location, the engager must notify Imessa in advance.

Travel

49. Travel fees apply for distances that are more than 30km from CBD locations and are charged at 0.78c per km (based on 2022-2023 ATO cents per litre). For example, if the engager’s event is 100km away (70kms further away than the 30 kms from the CBD location) the total cost for travel for both directions of travel would be $109.20 ($54.60 each direction) per musician (who live within the CBD location).

50. On occasion, it may be necessary to source a musician from outside of a CBD location and in this instance, their travel fee is calculated for distances more than 30km from their closest CBD (the CBD must be in the direction of the engager’s event).

51. In the event that flights are required for a wedding or event, Imessa will only be able to quote flight costs that are valid at the time of making an enquiry. If it takes weeks and/or months for an engager to proceed with the booking, the originally quoted flight prices may be subject to change.

52. If the driving distance to a wedding or event is more than 2 hours and 15 minutes away for a band member/band members, accommodation at a suitable hotel/motel must be provided at the expense of the engager. Imessa will happily make these arrangements and add the travel costs onto the engager’s final bill.

53. Bookings requiring flights, transport and/or accommodation may be subject to a larger deposit to cover these additional costs.

54. For bookings requiring long distance travel (weddings or events that are not local and/or are deemed overnight gigs), incidentals and per diems may also be applicable in the engager’s total booking cost.

Noise Level Restrictions

55. It is the engager’s responsibility to verify what (if any) noise level restrictions are in place at the location of the event prior to making a booking and communicate them to Imessa as soon as possible: this is very important as venues can often hide their sound restrictions in the small print.

56. Imessa is not liable for any noise level restrictions that may negatively affect the delivery and quality of live entertainment if they are not communicated at the time of making the booking (i.e. confirming the booking).

Equipment, Property & PA System

57. For bookings that require flights, an AV company may need to be sourced and backline (including instruments) may need to be hired at the engager’s expense.

58. It is the engager’s responsibility to ensure there is access to sufficient power close to the performance location, preferably from a source that is not shared with other electronics, as these can often interfere and cause power cuts.

59. Imessa will provide a suitable PA system for the engager’s event but at times, a venue’s in-house PA system may be utilized instead of or in addition to the PA.

60. It is the engager’s responsibility to provide an accurate guest count for their event at the time of making their booking, to ensure that the band PA system is sufficient in size. For larger events, it may be necessary to source extra sound equipment or even an AV company, which may incur additional fees at the engager’s expense.

61. Band member equipment and instruments are not to be touched, played or used at any time by the engager, patrons, venue staff, guests or any other person present at the event, unless explicit permission has been provided by the owner of said equipment.

62. There is strictly no microphone sharing to occur during a Imessa event for the health, safety and wellbeing of all parties. If the engager is witness to event attendees touching or using the band’s microphones or other equipment, we kindly request the engager to ask them to stop and advise the band so that items can be sanitized with disinfectant wipes.

63. It is recommended that the engager makes enquiries with their venue to determine if a speech microphone is included in their booking. If one is not included and the engager requires a microphone, the band can organize one to be set up at no extra cost, provided the engager gives advanced notice of their requirement.

Equipment and Property Damage

64. Imessa and contracted band member’s equipment and/or property that is damaged by either the engager and/or their guests will incur a damage fee to have the equipment and/or property repaired or replaced. In this instance, a formal quote and invoice will be provided to the engager, with payment required within 14 days of receiving said quote/invoice.

65. Clause 64 is applicable in instances that include but are not limited to the engager and/or their guests: damaging or knocking over equipment; spilling alcohol or other beverages over equipment due to carelessness or intoxication.

Delays/Force Majeure

66. Force Majeure is an event beyond the reasonable control of the affected party, including an unexpected illness (in the case of the performing artist(s)), or any other circumstance including but not limited to: riot; war; hostilities; law; order; acts of government; regulatory, industrial or municipal corporations or authorities; labour disturbance; fire; directions of a trade union; strikes; lockouts; accidents; pandemics (either locally or internationally); sabotage; threatened or actual act of terrorism; fire; acts of God and natural disasters or extreme weather events including but not limited to flooding; cyclones; hurricanes; earthquakes and tsunamis.

67. Imessa and contracted band members are not liable to the engager for any defaults or delays in the delivery of their performance or any other obligations, including being held financially liable, under the Services Agreement if such default or delay is a Force Majeure, in which, the engager is still liable to the terms and conditions of the contract, unless Imessa offers an alternate arrangement. Imessa will make a concerted effort to provide an alternate solution, if time permits.

68. In the event where the engager declines the alternate solution offered by Imessa, where time permitted, it will be considered a termination of the contract, to which the normal cancellation terms and conditions of the contract and booking still apply, unless Imessa has a second alternate solution, if at all possible.

69. In the event of any defaults or delays, Imessa will be in contact with the person nominated as primary contact for the booking, to alert them as soon as possible.

70. In the event that a requested singer or instrumentalist is unable to perform due to Force Majeure, Imessa will make all reasonable attempts to secure a replacement singer or instrumentalist of equal quality and experience.

Non-Payment and Debt Collection

71. If the engager has made a deposit but fails to pay the remaining balance by the due date

a. Imessa will make all reasonable attempts to contact the engager through all means provided.

b. If Imessa has been unsuccessful in contacting the engager up until and including 3 days past due, the lack of contact and payment will result in the booking being deemed as a cancellation and the standard Imessa terms and conditions will apply in their entirety.

c. If the engager makes contact with Imessa on or after 4 days past due and requests to reinstate the booking in writing, a $150 non-refundable reinstatement fee will be applicable.

d. The reinstatement fee and the remaining balance of the booking must be paid within 24 hours of the engager making the reinstatement request in writing and proof of payment must be provided.

e. Failure to provide proof of payment within 24 hours will result in the booking being deemed as a cancellation for a second time and the standard Imessa terms and conditions will apply in their entirety.

f. After a booking has been deemed as a cancellation due to non-payment, Imessa cannot guarantee that the same musicians will be available to perform at their wedding or event if it is reinstated, as they may have sourced other work.

g. In some instances, Imessa may not be able to reinstate a booking at all due to universal unavailability of the band. In this instance, the cancellation would still apply and the engager will still be liable for costs associated with the original contract.

72. In the event of non-payment for any monies owed by the engager where Imessa holds a valid service agreement/contract as signed by the engager, recovery action may be undertaken to seek payment through a debt collection agency. In this instance, the engager will inherit any and all fees or associated costs, including possible interest on the debt.

General

73. Imessa reserves the right to change or update their terms and conditions as they deem appropriate.

74. Please email imessamusic@gmail.com to obtain a copy of these terms and conditions.