FRINGE HQ TERMS AND CONDITIONS
LAST UPDATED: MARCH 2021
VENUE MANAGER DETAILS:
The Sydney Fringe Incorporated (ABN: 16 393 987 277)
5 Eliza Street, Newtown NSW 2042
Phone: 02 9550 6087
‘Event’ refers to both the entire registered Event or individual performances and sessions within the Event.
‘Event Presenter’ refers the person registering the Event, who is responsible and liable for all aspects of production of the Event.
Participation in Fringe HQ is subject to the following terms and conditions.
THE SYDNEY FRINGE IS A COVID-SAFE BUSINESS, AND ABIDES BY ALL GOVERNMENT HEALTH ORDERS AND COVID SAFETY GUIDELINES IN ALL OF OUR OPERATIONS. WE ARE CLOSELY MONITORING THE SITUATION AS IT CONTINUES TO DEVELOP. HEALTH ORDERS MAY AFFECT THE OPERATIONS OF FRINGE HQ IN 2021, WE WILL WORK CLOSELY WITH ARTISTS AND OTHER STAKEHOLDERS TO ENSURE CLEAR COMMUNICATION AND RISK MITIGATION AS NECESSARY.
1. Administration and Venue Hire Fees are non-refundable once paid. The Event Presenter agrees that should they withdraw or cancel their Event, the Event Presenter will forfeit any fees paid to The Sydney Fringe.
2. Sydney Fringe (utilizing the services of Eventotron as the Event Registration portal) accepts Mastercard and Visa for Registration and Venue Booking payments.
3. The Event Presenter agrees to read and comply with the Fringe HQ Artist Handbook.
4. The Event Presenter agrees they are responsible for all costs in regard to the development, rehearsal, preparation, production, marketing or (in the event of) cancellation of the Event. The Sydney Fringe is not liable for any of the above costs, or any other expenses, liabilities, or losses incurred as a result of the Event.
5. The Event Presenter is responsible for costs associated with Venue hire as advised in your Managed Venue License Agreement (venue hire contract). The Sydney Fringe is not liable for any other production, technical or associated costs.
6. The Event Presenter is required to undertake Public Liability Insurance for the value of $20,000,000. The Event Presenter is responsible for the cost and implementation of Public Liability Insurance. The Sydney Fringe is not responsible for the provision of Public Liability Insurance cover of any Event. Presenters must provide Public Liability to The Sydney Fringe for Fringe HQ by the date nominated in the Venue Licence Agreement.
7. The Event Presenter warrants that it holds all necessary agreements and licences to perform and present the Event, including but not limited to copyright and music licencing. Sydney Fringe is not liable for any costs, legal or otherwise, if these licences are not in place.
8. The Event Presenter agrees to acknowledge The Sydney Fringe in all marketing material (including but not limited to press releases and publicity materials) produced for the Event and will include The Fringe HQ Logo
9. The Event Presenter agrees to provide complimentary tickets to the Event for the use of The Sydney Fringe staff, sponsors, reviewers and other persons as determined by The Sydney Fringe, upon request of a reasonable number of tickets.The Sydney Fringe acknowledges that any complimentary tickets not collected by The Sydney Fringe nominated personnel 30 minutes prior to the commencement of any performance of the Event may be returned to the door for sale.
10. The Event Presenter agrees not to use The Sydney Fringe or its logo in the title of any social media pages (including but not limited to Facebook, Twitter and Instagram).
11. The Sydney Fringe will include a listing for the Event on the Sydney Fringe website, after contract has been signed and venue hire deposit, and administration fee has been paid.
12. The Sydney Fringe will provide ticketing services for the Event through The Sydney Fringe website box office. These services are provided by ticketing provider Red 61. The Sydney Fringe may provide an allocation of tickets for sale to other ticketing providers at its discretion.
13. The Sydney Fringe will charge a booking fee $4.00+ 2% (GST incl) to the purchaser on each ticket sold through the Sydney Fringe box office’, including managed venue door sales, and phone sales. The $4.00 booking fee will be included in the advertised ticket price, and will show to the customer as a separate fee at checkout.
14. For Artists not registered for GST, the Sydney Fringe will deduct an amount equivalent to 10% GST of the total ticket price for each ticket sold for the Event (including online, phone, box office and door sales where applicable) from the Event settlement payment.
15. If the Event Presenter utilizes any discounts for ticket sales, the final Settlement will be net of the discounted amount.
16. The Sydney Fringe will deduct any other charges incurred on behalf of the Event Presenter, or owing to the Sydney Fringe from the Event settlement.
17. The Event Presenter must provide a valid ABN or a Statement By A Supplier for the Settlement Process to be completed. If either of these are not provided, or deemed invalid, The Sydney Fringe may withhold or deduct tax in accordance with Australian Taxation Legislation.
18. Event Presenters from overseas must be aware of the taxation requirements and laws for performing and earning income in countries where they are not citizens. The Sydney Fringe reserves the right to withhold of deduct tax for overseas performers, in accordance with Australian taxation legislation and international tax agreements.
19. Event Presenters from overseas must have the corrects Visas and/or permits to work/present a production in Australia.
20. Sydney Fringe will charge a fee of $30 (GST incl) to transfer / make payments into a foreign bank account.
21. The Sydney Fringe utilizes the services of Red 61 to manage ticket sales. Red 61 commit to settle with the Sydney Fringe within two weeks of each event conclusion. Artist settlement is contingent upon receipt of funds from Red 61.
22. Sydney Fringe is responsible for Settlement of funds sold via Red 61(online and phone sales) and door sales at Fringe HQ.
23. The Sydney Fringe will provide the Event Presenter with a detailed Event settlement report within four weeks after the final performance of the Event. Provided all paperwork and financial details (including the invoice from the Event Presenter) have been returned, The Sydney Fringe will make payment of the Event settlement thereafter. Failure to produce any outstanding documentation two months after their performance will result in the artist forfeiting their ticket revenue. Invoice payments are made by Sydney Fringe periodically, not the day the invoice is received.
24. The Sydney Fringe reserve the right to issue amended Settlement Statements and to invoice the Event Presenter for any overpayments.
25. Event Presenter agrees to adhere to the conditions of the Venue Licence Agreement, including payment of venue rental fees, technician fees, and cancellation fees.
26. The Sydney Fringe reserves the right to cite and verify any working with children checks in respect of any Artist / Event Presenters who engage in child related work, where applicable.
27. The Event Presenter releases the Sydney Fringe from any loss (financial or otherwise), damage or liability suffered as a result of cancellation of their event.
28. The Event Presenter will not reasonably withhold consent for the Sydney Fringe, and its Partners, to take photographs, recordings and footage of the performance/event (including all performers) for the Sydney Fringes’, and its Partners’, ongoing purposes, including but not limited to promotional activities (including social media), marketing, archival purposes and annual reports. The Sydney Fringe retains ownership of all material.
29. The Event Presenter allows the Sydney Fringe to use any images or materials submitted to the Sydney Fringe for use in the current program calendar year, including but not limited to promotional activities (including social media), marketing, archival purposes and annual reports.
30. The Event Presenter will complete artist surveys as requested, to enable Sydney Fringe to gather data and statistics regarding Festival events.
31. The Sydney Fringe reserves the right to cancel a production if there are no pre-purchased ticket sales.