Live Music + Theatre
Venue Hire terms + Conditions.

1.0 Definitions
1.1 “Event” means the event which is subject of the Venue Hire Agreement;
1.2 “Client” means the legal person primarily responsible for the submission to Night Owl Studio of the Live Music Venue Hire Agreement;
1.3 “Venue Hire Agreement” means the form submitted to Night Owl Studio in a layout required by Night Owl Studio containing details, dates and times of the proposed activities at the venue for which Night Owl Studio’s permission is sought and to what Night Owl Studio has agreed to;
1.4 “Fee” means a fee to be agreed in writing between Night Owl Studio and the client and to be paid with any applicable GST by the client to Night Owl Studio as consideration for the permission to hold the Event at the Venue and for any ancillary services to be provided by Night Owl Studio;
1.5 “Guests” means all persons attending the Event at the Venue, whether or not with the express permission of the client, including any employees, sub-contractors and/or agents of the client;

1.6 “Venue” means the property and/or areas identified by Night Owl Studio to the client within the Venue Hire Agreement for the purposes of the Event;

1.7 “Venue Hire Fee” means all fee and charges to the client in relation to the Event.

2.0 Booking Procedure

2.1 No booking will be deemed confirmed until Night Owl Studio has formally acknowledged in writing the approval of the artists and the specific date and time:

2.1.1 The non-refundable and non-transferable booking fee of 50% will automatically be charged to the nominated card used upon Night Owl Studio confirmation. Failure of payment to the nominated card will incur an invoice payable immediately. If payment is not made within 24hrs of approval, Night Owl Studio reserves the right to decline your reservation 

2.1.2 The balance of the booking fee will be deducted from the ticket sales in the show breakdown post-show.

2.2 The client acknowledges the venue guarantee that the client must pre-sale 30x paid tickets. If the client has under 30 purchased ticket sales (not including door list) there is a $150.00 surcharge which will be charged at settlement. Once you have hit over 30 purchased ticket sales, we will waive the surcharge.

2.3 The client acknowledges that Night Owl Studio requires an EPK (Electronic Press Kit) 

2.4 The client acknowledges that Night Owl Studio will create the promotional poster unless otherwise organised and discussed with Night Owl Studio

2.5 A valid ABN and correct Invoice/Tax Invoice must be provided for Night Owl Studio to settle your ticket sale profits

3.0 Venue Access
3.1 The client must arrive and vacate at the agreed time, as stated on the Venue Hire Agreement. Failure to adhere to the agreed times may incur additional charges. In the event of unauthorized overrunning, the Venue withholds the right to interrupt the Event with or without the assistance of security. If this does occur Night Owl Studio will charge additional charges to the Client accordingly.
3.2 Additional time over the 6hrs time slot must be approved and paid for at ($155.00 per hour) prior to the event date
3.3 Use of the main floor space and green room only detailed on the Venue Hire Agreement does not imply any right to use any other part of the building, for deliveries, storage or any other access except where Night Owl Studio has agreed to such use. If this occurs Night Owl Studio will charge additional charges to the Client accordingly.

3.4 Wheelchair access is available to gain entry to the venue and to access the stage. Wheelchair access is NOT currently available in the bathrooms (toilets) and upstairs

4.0 Equipment, Setup & Staff

4.1 No equipment is to be delivered to the Venue without the prior agreement of Night Owl Studio. Night Owl Studio reserves the right to refuse delivery of equipment if it is considered to be dangerous, serious or harmful to the building and contents or to its employees, agents or guests.

4.2 All venue dressing must be free-standing. i.e. not touching the fabric or contents of the venue without prior agreement of Night Owl Studio. All dressing must be removed without damage to the fabric or contents of the venue.

4.3 At all times the safety of all personnel in the venue is paramount. Other people working in the venue ( ie Night Owl Studio staff must not be hindered in any way during the setting up and striking down of equipment)

4.4 Bump in and Bump out. Load-in for soundcheck is 2hrs prior to your doors open time. If the client wishes to have access prior, additional charges will be applied. Load in is right at the roller door and then you will need to move your car and park further up the driveway. Night Owl Studio can not access any responsibility for equipment and effects left at the venue after an event.

4.5 Night Owl Studio will take appropriate measures, within its control to supply lights and equipment in good working order. Night Owl Studio reserves the right to insist that their technician be present at an event and charge appropriately.

4.6 The client agrees to use equipment belonging to the venue in a safe manner and return it in good working order. Where equipment is damaged charges will be made to the client.

4.7 The Venue must be clear of all client’s property and in a clean and useable condition by the Time stated on the Venue Hire Agreement. Failure to comply with this may result in Night Owl Studio disposing of the property and charging the client extra cleaning expenses.

5.0 Noise and Disturbances: 

5.1 The client must comply with local noise regulations and ensure that the event does not disturb neighboring properties. 
5.2 Night Owl Studio reserves the right to intervene if noise levels are deemed excessive and may request volume reduction.
5.3 The client must cease live music by 2300hrs

6.0 Indemnification
6.1. The hirer agrees to indemnify and hold Night Owl Studio harmless from any claims, liabilities, damages, or expenses arising from the event.
6.2 Night Owl Studio does not accept any responsibility to provide indemnity for an injury that may occur to any artist within the venue for their performance. The client is solely responsible for any workers compensation claim and is responsible for any artist member for an injury that may occur whilst within the venue		 	 	 		

7.0 Cancellations

7.1 All payments to Night Owl Studio in respect of an event are non-refundable and will be transferred to a cancellation fee in the event of a full or partial cancellation or postponement.

7.2 In the event of a full or partial cancellation of a confirmed booking by the client any additional charges which have or will be incurred by Night Owl Studio in respect of the booking will be charged to the client.

7.3 If a confirmed booking is postponed, transfer of the deposit against cancellation fees may be agreed upon at the sole discretion of Night Owl Studio

7.4 Night Owl Studio properly and reasonably reserves the right to cancel or terminate wholly or in part any booking at any time for any reason including but not limited to the following:

7.4.1 If the client becomes bankrupt or insolvent or enters into liquidation or receivership.

7.4.2 If the client is more than 14 days in arrears in respect of payments due to the Venue in respect of previous or current bookings or parts thereof.

7.4.3 If the booking might, in Night Owl Studio’s reasonable opinion, prejudice the reputation of the Venue Night Owl Studio.

7.4.4 If the behavior of the Client or Guests (whether as individuals or as a group) is deemed by the Venue to be unacceptable. Partial termination could result in a number of Guests being asked to leave the Venue.

7.4.5 If the activity of the Client or Guests (whether as individuals or as a group) breaches Fire/Health and Safety or any legislation in any way or seemed unsafe for staff, performers or public.

7.4.6 Any such amendment/cancellation/termination shall be without prejudice or any right of action of the Venue or Night Owl Studio in respect of non-payment or any breach of the terms and conditions.

7.4.7 In the event that Night Owl Studio receives a higher-profile booking or an opportunity that is deemed more strategically beneficial, Night Owl Studio reserves the right to request the client to consider rescheduling their performance.

Night Owl Studio will make reasonable efforts to provide the artist/performer with advanced notice, and both parties will work collaboratively to find a suitable alternative date for the performance.

If the client agrees to reschedule, Night Owl Studio will make every effort to compensate the artist/performer fairly and equitably for any inconvenience caused.

7.5 Force majeure: If, due to an event beyond its control Night Owl Studio is (in its opinion) unable wholly or substantially to perform its obligations to a client the Venue will promptly notify client accordingly and will refund any booking fee or other prepayment to it in respect of the Booking,

to the client.

7.6 Protocols in Event of Health Pandemic or State Of Emergency: 

1.  The Parties agree that no performance will be required of either Party that would knowingly run counter to any laws, health and safety regulations, directives, or executive orders. if, during the Term of this Agreement, any Health Pandemic, would put the client(s), other vendors, the owner’s staff or personnel at risk, it is in the sole exclusive discretion of the owner as to whether or not the services/event must be cancelled or postponed. 
   
   

2. In the event that the owner does deem a cancellation or postponement due to a Health Pandemic, no monies paid to the Client shall be refunded. However, the owner shall provide the client(s) with available options for a date transfer as soon as is reasonably practical. 
   
   

3. In the event that the client chooses to cancel, the client may be liable for up to 50% of the total fee
   
   

4. If cancellation occurs due to government restrictions and or Perth/Peel and statewide lockdowns. If a booking is cancelled six (6) months or more before the event date: The same conditions apply as stated in 7.6(a) 
   
   

5. If the booking is cancelled between six (6) months to one (1) month before the event date: The Owner will retain the 50% booking fee and refund the ticket holders
   
   

6. If the booking is cancelled between (1) month and seven (7) days before the event date: The Owner will retain the 50% booking fee and refund the ticket holders
   
   

7. Postponements of the event where the 50% booking fee will roll over are if the event date is within one (1) year of the original performance date. The 50% booking fee will not be refunded if the event date is more than one (1) year after the original performance date.
   
   

8. The owner has a covid double vaxxed team and risk management plan in place to ensure that the owner can deliver the event as outlined in these terms and conditions
   
   

7.7 Night Owl Studio reserves the right to cancel the event where the client has not met the agreement of 30x pre-sold paid tickets and the agreed cancellation fee applies with no refunds applicable

8. Food, Bar and Client Rider

8.1 Client riders will be provided at Night Owl Studio’s discretion. This rider is to only be used for drinks unless otherwise approved by the venue manager prior to the show date. 

8.1.2 The client is not permitted to bring in their own drinks as this is in breach of our liquor license and these drinks will be confiscated if they are discovered 

8.1.3 The client is not permitted to take any remaining unused or partial drinks from the client rider home as this is in breach of liquor regulations and RSA.

8.1.4 The venue will not provide a rider in the greenroom for events where the artists are under 18. Please discuss this with Night Owl Studio prior to your show date.

8.2 Night Owl Studio has a bar onsite, Under 18’s are not permitted to approach the bar without a parent or guardian present.

8.3 The client and the patrons are welcome to BYO food and use food delivery services. The use of a food truck is also allowed, however must be disclosed and discussed with Night Owl Studio prior to the show date

9. Ticketing 

9.1 The client acknowledges that they have been advised that Try Booking is the preferred ticketing services provider and that Artist’s should use the Try Booking where possible. Furthermore;				

1. Use of an alternate ticketing service provider is subject to prior agreement by the Venue and will incur additional fees.
    								

2. All Tickets made available for sale via Try Booking must be sold via the Try Booking system.
    								

3. All Tickets for sale via Try Booking shall be sold under the terms and conditions of the Ticket Agreement between the Venue and Try Booking including the ticket fees, Refunds and chargebacks and privacy policy.

4. All ticket prices are inclusive of GST and this must be accounted for in your choice of ticket price. 

10. Promotion 

10.1 Night Owl Studio will help to promote all shows and clients that are booked however this is done in a rotation across all bookings and can not be specifically targeted. All acts/bands are required to actively promote their show via all available avenues and networks to ensure the best possible reach. 

11. Use of images and feedback

11.1 Night Owl Studio will use photos and/or video of the venue set up at the event and the live performance for its own promotional, publicity and marketing purposes (including but not limited to posts across Instagram, Facebook, Tik Tok and YouTube). Such photos and/or videos will include those taken by Night Owl Studio, as well as those already in the public sphere taken by third parties such as the photographer and videographer at the event. 

11.2 Night Owl Studio may ask the client for their feedback (such as a testimonial) (‘Feedback’) in relation to its delivery of the services. If the client is happy to share details of their experience, Night Owl Studio will use this Feedback for future business development, as well as for its own promotional, publicity and marketing purposes. 

12. Miscellaneous

12.1 These terms and conditions are governed by the Laws of Western Australia and the Client and the Owner submit to the jurisdiction of the courts of the State.

12.2 Storage Room. We do have a storage room where all our furniture and equipment is held; this is a STAFF ONLY area and no one is to enter the storage room and get extra furniture or remove any items from this room. All furniture and equipment not in the main space when you arrive which has been arranged prior is not to be taken from the storage room and used for events (unless authorised prior)

I have read and understood the Night Owl Studio’s terms and conditions of venue hire and use of its services. I accept these terms and conditions and have approved the venue hire and show date.