Terms and Conditions:
These are the terms and conditions on which Leading Workplace Wellbeing and the Client (booking agent or event management) for the specified engagement, of Toni Powell’s Keynote or Presentation. These terms constitute the entire agreement between the parties in relation to the subject matter. No other terms apply. Variations will only apply if agreed by the parties in writing.
Payment and Commission
The Client will pay all fees due to Toni Powell for the specified engagement prior to the engagement, without deduction or set-off. Time for payment shall be of the essence, usual terms 50% on booking, 50% 14 days prior to the event or as per the invoice or if otherwise agreed & noted on page one of this contract. In default of full payment, the Speaker will not attend the engagement but the fees will remain payable by the Client in full.
2.1 If Toni Powell becomes unable to fulfil the specified engagement for any reason she will inform The Client as soon as reasonably practicable by phone. Whereupon Toni Powell will provide a suitable alternative speaker or refund of 100% of any paid speaker fees (whichever the client chooses), whereupon Toni Powell will have no further liability to the Client.
2.2 If the Client cancels the specified engagement for any reason the Client will remain liable to pay Toni Powell 100% of all fees without deduction (whether or not, by agreement of all parties, the engagement is re-arranged for a different date). The Client will wherever possible offer a reasonable alternative date for the engagement of the Speaker.
3. Liability of Toni Powell
3.1 Save for death or personal injury caused by her negligence, Toni Powell excludes liability hereunder for any form of indirect, consequential, financial or economic loss howsoever arising.
3.2 Without prejudice to the above, Toni Powell limits her liability to the Client hereunder to the amount of the fees payable in each case.
4.1 The engagement may be terminated forthwith at any time on written notice to the others (without prejudice to any accrued rights or liabilities) if –
4.1.1 the other party commits a material breach and such breach is not remediable or is not remedied straightaway; or 4.1.2 the other party suspends payment or is unable to pay his or its debts; or
4.1.3 the other party negotiates with his or its creditors for rescheduling of his or its debts or makes a proposal to or compounds with his or its creditors; or
4.1.4 the other party becomes bankrupt or enters administration or insolvency or suffers any similar action; or
the other party suspends trading, ceases to carry on business, or threatens to do either; or 4.1.6 the other party (being an individual) dies or ceases to be capable of managing his own affairs.
5.1 The Client agrees that no audio or video recordings may be taken of the specified engagement, or used, without the prior written consent of Toni Powell.
5.2 The Speaker reserves the right to audio or video record their speaking performance for their own professional and promotional purposes, unless the client specifically requests otherwise in writing to Toni Powell.
5.3 The Speaker reserves the right to comment on social media and other marketing regarding the event, unless the client specifically requests otherwise in writing to Toni Powell.
5.4 The Client agrees to have in effect public liability insurance, plus any other required insurance for the specified event.
5.5 Any complaint by the Client should be notified to Toni Powell in writing forthwith and Toni Powell shall use its reasonable endeavours to investigate and resolve such complaint, subject to clause 3 above.
5.6 If any part of these terms is found by a court of competent jurisdiction to be unenforceable or invalid for any reason, that provision is to be severed from these terms and the remaining provisions of these terms shall otherwise remain in full force.
5.7 No delay, act or omission by Toni Powell in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
5.8 A reference to a gender includes each other gender.
5.9 These terms prevail over those of any order or acknowledgement by the Client or the Speaker.
6. Force Majeure
6.1 Force majeure means an event or events beyond a party’s reasonable control preventing or delaying it or him from performing its or his obligations, including fire, flood, lightning, earthquake or other natural disaster, war, riot, civil unrest, strike or lockout.
6.2 A party will not be liable if delayed in or prevented from performing its or his obligations due to force majeure provided it or he –
6.2.1 promptly notifies the other parties of the force majeure event and its expected duration, and
6.2.2 uses reasonable endeavours to minimise the effects of that event (s).
6.3 If, due to force majeure, a party –
6.3.1 is or will be unable to perform a material obligation, or
6.3.2 is delayed or prevented from performing its or his obligations the parties shall endeavour to agree upon a suitable future date for the engagement to be performed when the force majeure event is at an end.
6.4 In the event that the parties cannot agree a suitable future date for a period of 12 months after the end of the force majeure event, then any party may by notice terminate the engagement, with 50% of the fees retained by Toni Powell, and any pre-paid travel or other associated costs to be paid immediately by the Client.
6.5 The Client may wish to ensure they have appropriate insurance to cover these costs, and any other associated liabilities due to force majeure.
The contract between the parties shall be governed by the laws of Queensland, Australia. Disputes will be submitted to the exclusive jurisdiction of the Courts of Queensland, Australia.
8. Intellectual Property includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.
For any questions or notices, please contact us at:
Leading Workplace Wellbeing ABN 57660896944
PO Box 100 Scarborough QLD 4020
Phone: +61 427 000 359
Email: admin @ tonipowell.com