General Booking Agreement

 

For a mutually happy and effective working relationship, please take good note of the following general terms and conditions—and then let’s concur.

Note: we may provide you with a tailored agreement before confirmation.


 
 

Your obligations
To ensure you get the most from us in respect of the Services we provide, you agree to:

  • provide us with all reasonable assistance we may require to allow us to deliver the Services in a timely and professional manner; 

  • do all things necessary to fulfil the Audio Visual Requirements; and

  • pay our Service Fee on time and email remittance advice as soon as possible to kim@cleverness.com

Our obligations
When delivering our Services to you, we agree to comply with:

  • any relevant and applicable laws;

  • any health and safety requirements applicable at the Venue; and

  • any reasonable directions given by you.

Service Fee
We will provide you with an invoice for the Service Fee within 14 days of you providing us with a signed copy of this Agreement as follows:

(A) If the Services Fee is under $20,000 AUD we will invoice you for the entire Service Fee (payable within 7 (seven) days).
(B) If the Service Fee is over $20,000 AUD we will invoice you for the entire Service Fee: (i) 50% of the Service Fee will be due within 7 days; and (ii) the balance will be due at least 30 days prior to the Delivery Date.

As your request for us to provide the Services effectively removes us from the market for the agreed Delivery Period, we require payment of the Service Fee for you to secure the Services. Your prompt payment of the Service Fee allows us to commence all preparation work required to complete the Services.

If your business is based in Australia we are required to add Australian Goods and Services Tax to the Service Fee.  

Travel / Accommodation Costs

If the Venue is outside of Melbourne, we will book and invoice you for our reasonable expenses relating to the Services which may include Travel Costs, Accommodation Costs and Other Expenses (“Expenses Invoice”). Any Expenses Invoice we provide must be paid within 14 days.  

Travel Costs: If we require air travel to provide the Services, we will book:

(A) Return flexible (Premium Economy) airfares for flights under 3 hours; and
(B) Return Business Class airfares for all flights over 3 hours duration.

Accommodation Costs: If we require accommodation to deliver the Services, we will reserve no less than 4-star rated accommodation as required.  

We provide an itemised account of our Travel and Accommodation Costs in our Expenses Invoice. We do not provide copies of receipts related to individual items on an Expenses Invoice unless you request these receipts in writing within seven (7) days of the commencement of this Agreement.

Termination / Cancellation by us  
While we are honoured to provide our Services to assist your organisation, we may terminate this agreement where you breach an essential term (i.e. nonpayment of the Service Fee). We will only cancel this Agreement if:

(A) a situation arises which is out of our control (i.e. ‘acts of God’, war, strikes or labor disputes, embargoes, government orders or any other);
(B) you repeatedly postpone the Delivery Date or request to change the Services under clause 8.3; or
(C) an irreconcilable conflict of interest arises in relation to the delivery of the Services.

In the extremely unlikely event of a cancellation by us, all monies paid by you will be either refunded immediately, or invested in credit towards alternative services we may provide you. If you elect a refund, we will process the refund within 3 business days.  

Cancellations by you

  • Cancellation more than 30 days from the Delivery Date: In the event that you wish to cancel or reduce the scope of the Services outside of 30 days of the Delivery Date, then we will retain 50% of the Service Fee.

  • Cancellations by you 30 days (or less) from the Delivery Date: In the event that you wish to cancel or reduce the scope of the Services within 30 days of the Delivery Date, you will be liable for the whole Service Fee and will not be entitled to receive, in whole or in part, any refund of the Service Fee.  

Postponements / Changes

Postponements Generally: We will try our best to accommodate any requests to postpone the Services / Delivery Period under this Agreement. However, if you request that we postpone or change the scope of the Services, we may retain / allocate any monies received from you to o set any losses we may su er resulting from your request to postpone / change the Services. In this regard, our losses may include:

(A) the opportunity cost of us prioritising the provision of the Services to you over time spent with or for other clients; and /or
(B) any pre-incurred Travel Costs, Accommodation Costs or Other Expenses that cannot be refunded).

Change of Services / Delivery Date: If you require us to change the Services and/or the Delivery Date we will provide you with a proposal for your approval. This proposal will be sent in the form of a new Schedule which will replace Schedule 1 to this Agreement. Once the new Schedule is approved by you, we will:

(A) allocate all remaining monies we have received from you to the new Service Fee stated in the proposal; and
(B) send you a further invoice for any additional service fees / expenses which relate to the items agreed under the new Schedule.

Repeated Postponements: We will do our best to accommodate a request to postpone the Services or change the Delivery Period. However, where you repeatedly request that we postpone the Services / Delivery Period, we reserve the right to terminate this Agreement and retain all monies received from you to o set our losses.  

Intellectual property
You acknowledge that we own (and retain ownership of ) all intellectual property rights in the Services and DJF Materials. You may only record the Services if you have obtained our prior written approval. We may, in our sole discretion, withhold our approval for any reason.  

Where we authorise you to record the Services, you must:

(A) provide us with a master copy of the recording prior to publishing and/or distributing;
(B) only publish and/or distribute the recording a er receiving written approval from us (we may, in our sole discretion, withhold our approval for any reason);
(C) only use the recording for education within your organisation; and
(D) not reproduce, distribute, publish or on-sell the Services / DJF Materials to any person or organisation outside of your organisation (this includes uploading the recording to YouTube, LinkedIn, your public blog or any other open platform).

You must always acknowledge and correctly attribute us and Dr Jason Fox:

(A) in any recording of the Services; and
(B) as the author of the DJF Materials.


Well—there you have it, in all it’s glory. Thus, there ought be no surprises. As always: should you have any questions—or should any item require clarification—simply get in touch and we'll be happy to illuminate.

Here's looking forward to working together.

jason & kim