Our Terms & Conditions

We want to ensure we are transparent about our terms and conditions when booking us! It is important you know where you stand at all times...

​1) Payments & Pricing:

​a) To secure a booking date a 25% booking fee of the initial quote must be paid by direct deposit bank transfer in order to confirm a booking, date, and time. Cheques are not accepted. 50% of your initial invoice is required at or within 3 months from your booking date. Touch of Sound Entertainment reserves the right to adjust the booking fee percentage. The booking fee may be the full amount if the event is on short notice.

​b) All booking fee payments (25% booking fee) are NON-REFUNDABLE.  The client agrees to revoke any and all claims for a refund on this payment and understands that this payment is NON-REFUNDABLE.

​c) Final payment via EFT (direct bank deposit), or credit card is due 3 days prior to the event. If final payment is not received by the date of the event, we reserve the right to withhold the performer from attending the event. Unless an agreement with Touch of Sound Entertainment is made to accept payment on-site prior. Payment must be made to the DJ commencing any music.

​d) Credit card payments will incur a 3.2% surcharge. Please advise us in advance on your payment preference.

​e) Stair fees must be paid on the night if the firm is not advised prior to the event. The standard stair fee is $80 per story. The stair fee is non-negotiable. Touch of Sound Entertainment reserves the right to cancel a performance/booking if the stair fee is not paid. Stair fees may not be applicable if the venue provides lift access.

​f) Failure to make full payment before the due date will result in a 10% administration fee added to the full cost of the booking.

​g) Overdue payments that exceed one month of the due date will be referred to a collection agency, with the client being liable for the additional collection fees.

​h) Touch of Sound Entertainment reserves the right to charge additional fees, should the client request an earlier setup time than the hour slot allocated.

​i) Touch of Sound Entertainment reserves the right to amend pricing based on additional requirements. Additional requirements include any extra costs that we may incur to meet the requirements of the venue. This may occur when a client and or venue has withheld or failed to provide information about performer requirements prior to booking us.

​j) Pricing is firm and Touch of Sound Entertainment will not enter into price haggling.

​k) Touch of Sound Entertainment reserves the right to amend pricing based on limited access to the venue, resulting in additional logistical actions being taken by us. For example, arriving earlier than scheduled in the booking form. Areas with limited access include but are not limited to the Docklands, South Wharf, Albert park, City Locations etc.

​l) The client is responsible for any parking fees that the firm may incur that is a result of limited access to the venue.

​2) Cancellations/ Rescheduling:

​a) Cancellations are considered a change of mind and refunds are subject to Touch of Sound Entertainment discretion. Should you wish to cancel your service, we require 12 weeks’ notice in writing to be eligible for a partial refund. The initial booking fee payment is non-refundable, any payments made after the booking fee will be refunded at our discretion. Normally additional fees may be held if significant work has been undertaken in the planning of the event with the client.

​b) Failure to pay a cancellation fee will result in us referring the debt to a debt collection agency.

​c) This cancellation fee is in process as soon as the booking is made, with no gestation period.

​d) The firm reserves the right to refuse a reschedule. The firm may allow one rescheduling based on availability. Exceptions will be accounted for due to COVID-19 restrictions being enforced on the client and at the discretion of Touch of Sound Entertainment.

​e) Rescheduling of the length of the booking is permitted by the firm. The firm reserves the right to issue a new fee structure based on the length of the booking. Please note our minimum package booking times.

​f) Rescheduling of the date is subject to availability. Touch of Sound Entertainment reserves the right to issue a new invoice based off the date of the new booking.

​g) Refunds of the booking fee will be forfeit if Touch of Sound Entertainment is not available on the date of a requested reschedule.


​3) Refunds:

​a) Once entered into this contract, full refunds are not permitted, only partial refunds.

​b) You are not entitled to a refund if you are simply unhappy with the performer.

​c) All refunds are taken on a case-by-case basis and are NOT GUARANTEED by this contract.

​d) Partial refunds are only given in the case of equipment being faulty at the fault of us (see section 5f)

​e) Any disputes are to remain private between yourself and Touch of Sound Entertainment.

​f) Should you breach this contract by publicly renouncing Touch of Sound Entertainment on any third-party public forum, social media, online, verbal, printed etcetera, the firm retains the right to refuse a refund.

4) Event conduct & venue specifications:

​a) We require a minimum of two hours to enter a venue and set up prior to the start time and also a similar time allowance at the end of the function to pack up.

​b) If you are booking other entertainment as well as hiring our services, please consider the amount of space available and where you require the performer to set up. Speaker location is usually best if it is no greater than 3 metres either side of the performer.

​c) All bookings should be taken on the understanding that the venue is in possession of the necessary entertainment & liquor licenses. We are not responsible if the venue is found to be in breach of the terms of their license.

​d) If using a venues equipment, it is the client’s responsibility to ensure the equipment booked is suitable for use at the event venue. No refunds, part or full, will be given for non-use of specific equipment that cannot be used due to any venue restrictions imposed. No refunds, part or full, will be given if the client book insufficient sound equipment. Some venue layouts require additional speakers, failure to provide a floorplan will result in the client revoking any right to complain if the sound system is insufficient.  Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform us of any access restrictions that may impede set up or restrict equipment use.

​e) We do not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. We also reserve the right to terminate our services at any time that we feel our personal safety is under threat. We do not take responsibility for ejecting any unwanted persons from any venue. You will be advised of any problems that we may have in this respect with any of your guests.

​f) We will not be responsible for any damage or loss to private or public property caused by invited or uninvited guests.

​g) It is the responsibility of the client to make sure that there is an adequate provision of electrical power within five metres of our set-up point. We require a minimum of 3 x power outlets dedicated purely for our equipment (not in the form of an extension lead). Any damage caused to our equipment by an inadequate power supply or power interruption is the responsibility of the client. The client is fully responsible for any damage caused to the equipment caused by the use of noise limiters and the subsequent cut off and reintroduction of power without our consultation.

​h) Should the booking end time pass, the firm retains the right to refuse to continue to play unless remunerated on the agreed-upon hourly rate. The firm will offer leeway in respect to precise time. For example, the firm is booked until 12 am and the music concludes at 12:04 am.

​i) Should our DJ’s be performing outside, the client has a duty of care to provide heating, cooling and shelter in the event of extreme weather conditions. If heating is not supplied and temperatures drop below 10 degrees, the firm reserves to right to stop performing.

​j) A meal and water/soft drinks must be provided to the DJ. Failure to do so will result in the performer taking a legally required break and the firm accepts no responsibility for any refunds for non-performance during this break period.

5) Equipment:

​a) The agreed equipment supplied is subject to change depending on the requirements of the venue (i.e. size and acoustics), number of guests and availability of equipment.

​b) Only staff employed by us may operate our equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use the equipment owned by the firm. We cannot accept responsibility for damage to property, or injury to persons caused directly by third-party intervention.

​c) All equipment is to be returned in the same condition it went out. The client is responsible for any damage to our equipment caused by yourself or any person at your function. Client agrees to be charged for the full cost of any repairs or replacements required. (You will be advised of any damage as soon as it is caused). This is to be charged to the specified credit card at retail value (-) any discounts.

​d) For bubble machines, snow machines & smoke machines, it is the client’s responsibility to ensure they have the relevant permission from the venue for use of these services. Should there be any additional charges for cleaning up of the discharge from these machines, this is to be stood by the client.

​e) If we are linking our equipment within a fixed in-house audio system, we reserve the right to refuse to do so if the equipment is considered to be unsafe or liable to cause damage to any component linked to it. The client is liable if post inspections prove that damage has been caused by faulty equipment other than ours.

​f) We operate regularly serviced and maintained sound and lighting equipment and carry essential backup equipment. In the rare event of any equipment failure, an onsite repair will be attempted. If however there is an irreparable breakdown in lighting and/or sound a partial refund will be given, decided upon by us.

​g) Lighting, sound and any other equipment may not be used by other entertainers or by any other person(s) except with the written permission of Touch of Sound Entertainment management prior to the event.

​h) Any intentional microphone drops will result in the client paying for the full replacement of a new microphone, irrespective if the damage is apparent or not. The client has a duty of care to inform all their guests using the microphone that dropping of the microphone is strictly prohibited.

​i) Touch of Sound Entertainment will reserve the right to be present during the entire booking, equipment will not be set up and left unattended to comply with WHS standards.

​j) If the firm is required to use in house equipment and a failure occurs. The firm accepts no responsibility for the broken equipment.

6) Termination of contract:

​a) We will not be liable for non-fulfilment of this contract by the Management and, or the performer, although every reasonable precaution will be taken. In the event of the client seeking compensation, we will not be liable under any such claim, and the contracted performer will only be liable for a sum up to and not exceeding the contracted amount.

​b) We shall be entitled to terminate this contract without liability if for any reason beyond its control the performer is unable to perform, due to fire or theft of equipment, illness, or breakdown of the vehicle. The entertainer will use all reasonable endeavours to locate a replacement performer. However, in the unlikely event of a non-performance all monies paid will be refunded and this will be the limit of our liability to you.

​c) Under Health & Safety laws, we can withdraw or refuse to perform in any unsafe building, access, or venue where the safety of our representatives or the public may be jeopardised. In this unlikely event the booking will be terminated and the full booking fee payable.


​7) Privacy:

​a) We reserve the right to use any photography taken during the function period for promotional purposes. School and children events are exempt from this.

​b) The client must advise the firm in writing if they do not wish photography and/or videography to be placed on social media.

​c) touch of Sound Entertainment the right to use any photography on social media platforms and the client revokes their right to have it taken down.

​d) The firm reserves the right to take Photography & Videography as evidence for the work being completed.


​8) Laws of Victoria

​a) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and you irrevocably submit to the non-exclusive jurisdiction of the Courts of Victoria, Australia. If any provision of these terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of this agreement, which will continue in full force and effect.

​b) If you access the website in a jurisdiction other than Victoria, Australia, you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply. The Firm makes no representations that the content of the website complies with the laws of any country outside Australia.

​c) If any part of these terms are found to be void, invalid, unlawful, or unenforceable then that provision or part will be deemed to be severed from these terms and the remaining terms and provisions of these terms will remain in force and constitute the agreement between you and Touch of Sound Entertainment.

​d) The failure by Touch of Sound Entertainment to exercise or enforce any right or provision under these terms will not constitute a waiver of such right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by The Firm.

9) Playlists

​a) Playlists will only be accepted in Word document, PDF, or excel spreadsheet format. The firm reserves the right to reject playlists that are:​

  • Handwritten

  • Images were taken by phone from a printed copy

  • Screenshots

  • Spotify or music subscription playlists

​b) Touch of Sound Entertainment will provide our clients with a suggested playlist in advance for approval by the client before the event.


​10) Dry ice, low lying, Fireworks & Sparkular Effects

​Effects in this section is used to describe any effects listed or not listed in this section, including but not limited to Dry ice, low lying fog, Fireworks, Sparkulars, confetti cannons etc.​

a) The firm accepts no responsibly for the run time of the dry ice effect. The run time is an estimation and is a trade-off between run time and a more ambient effect. For example, longer laser effects will result in lighter clouds, shorter effects will result in more dense clouds. Refunds will not be issued on the basis of a short run time or limited effect.

​b) We will not accept responsibility if the air conditioning, fans, or other cooling/heating devices interfere with the effect. Venues are requested by Touch of Sound Entertainment to reduce or turn off said devices.

​c) All bookings will receive 5KG of dry ice for this booking unless additional ice is requested. Requests for additional ice must be made in writing 3 days before the event. Due to the volatile nature of dry ice, this weight may not weigh 5KG when the Nimbus dry ice machine is operated.

​d) We will endeavour to slow the decay rate of the dry ice by storing it in a sealed container, storing the sealed container in a freezer, and limiting exposure to the outside environment. Dry ice bookings for Sundays will experience higher decay rates due to the limited availability on Sundays.

​e) In the rare event that all the dry ice has completely decayed, a partial refund will be issued. Proof of purchase of the dry ice will be provided on request.

​f) In the event of a Total Fire ban and we are unable to obtain a Total Fire ban permit a full refund will be provided for the effects affected by the ban minus the delivery and staff costs.

g) We reserve the right to use their choice of dry ice supplier. Dry ice provided by the customer will not be accepted unless arranged prior.

​h) We reserve the right to charge for each use of the dry ice effects. For example, if we agree to allow the customer to use additional dry ice and the operator has used the initial 5KG of dry ice, an additional hire fee will be charged.

​i) The dry ice machine must be operated by our technician. Any unauthorised use or operation will void the booking and result in the full fee being charged and the booking being cancelled.

​j) Touch of Sound Entertainment will accept no responsibility if anyone is injured due to lack of security or unprofessional/unsafe handling of the dry ice by patrons/guests.

​k) We reserve the right to issue an additional fee if the client fails to complete the effect service within 15 minutes of the designated time. The 15-minute grace period is a right reserved by the technician and the firm, not the client. This fee must be paid prior to the use of any effects, failure to make payment will result in the termination of the effects.

​l) We are not responsible for any refunds if the client has failed to attain appropriate approval from the venue for the use of dry ice, fireworks, sparkular or low-lying effects inside or outside of the venue.

​m) Event Runsheet must be submitted at a minimum of 14 days prior to the event. Failure to provide correct timing information may result in additional fees if the event is behind or ahead of schedule.

​n) Any changes to the run sheet must be within the 14 days’ notice period must be approved by us.

​o) Outdoor & Indoor Fireworks must adhere to the greed-on time stated in the paperwork submitted to the regulatory body. Due to regulatory requirements once this is submitted it cannot be changed on the day.

​p) Touch of Sound Entertainment accepts no responsibility for the cleaning of confetti, damages to any property, or injuries. This is the client’s responsibility and by making payment they have acknowledged this responsibility.

​q) In cases where there is no MC or event coordinator the technician must be made aware and must be allowed to control the dancefloor and/or other sections for safety purposes.

​r) In extenuating circumstances, we reserve the right to change the type of effects used. For example, using low lying instead of dry ice or sparkulars instead of fireworks. Any refund that may be given is a right reserved by the firm.

​s) If any firework or pyrotechnic effect does not fire or does not burn as it should, it is at the discretion
of Touch of Sound Entertainment to decide if a refund will be given for that effect.

​t) If any engagement is cancelled by the customer within 14 working days of the event date, all monies paid for our services, less any security bonds will be forfeited by the customer. If any engagement is
cancelled with less than 28 working days’ notice, all monies paid, less 50% of the total will be refunded to the customer. If any engagement is cancelled with more than 28 working days’ notice, all monies paid, less 25% of the total will be refunded to the customer.

​11) Master of ceremony MC duties

​a) MC duties that are provided are of a general nature. The firm will not detail lengthy stories or make jokes.

​b) MC Duties are light and are basic.

​c) MC duties will be completed to the best of our ability.

​d) Human error may result in minor mistakes. The firm reserves the right to refuse a refund if minor errors occur. The client agrees to accept human error within reason. For example, not proposing a toast.

​e) The firm reserves the right to charge additional fees for more heavily involved MC duties. For example, telling stories or reading scripts.

​f) The client agrees to communicate all changes to the run sheet with the firm. We will not accept responsibility for any failure or breakdown of communication on the part of the client. We will take measures to prevent failures or breakdowns in communication, with emails and calls.

12) DJ’s

​a) Touch of Sound Entertainment reserves the right to allocate DJs to events based on skills and availability. All bookings are booking the firm and not a specific DJ. 

​We will allocate DJs in accordance with their skills or niche abilities to perform and give priorities to those bookings over others.

13) Work Health & Safety

​a) The firm reserves the right for all their DJ’s & contractors to work in a smoke-free environment.

​b) The firm reserves the right to provide a 12″ subwoofer in exchange for the 15′ subwoofer if the DJ or contractor has a medical condition that limits their ability to lift DJ equipment.

14) COVID-19 Terms & Conditions

a) The firm will allow rescheduling of bookings to later dates. Exempting the 4 weeks in writing clause for those directly affected by the Coronavirus.

​b) To be eligible for a reschedule, the rescheduling of an event must be as a direct cause of the Coronavirus and the venue, not the client choosing to cancel the event. The venue must provide in writing that the cancellation is due to coronavirus.

​c) We will not refund cancellations that are made as a result of the Coronavirus and will retain the original booking fee.

​d) Cancellations as a result directly of COVID-19 may be eligible to receive a 50% of their booking fee to a new booking. The credit will only be available for 2 years after the original payment. The firm reserves the right to apply this at their own discretion.

​Definition:

The Coronavirus terms and conditions are in line with the recommendations made by Consumer affairs. Click here for more information.

​Our 25% booking fee covers all our reasonable expenses incurred leading up to your event.

​For Fireworks & Dry ice/ other effects we reserve the right to retain a 50% booking fee to cover the expenses involved including but not limited to paperwork, procuring the fireworks, dry ice and/or other effects.

​These effects are a volatile nature that have a limited shelf life.

​For further information from the ACCC for weddings and events please click HERE.

We are adhering with their guidelines.

Discounts:

The firm reserves the right revoke the special at any given time or to extend the offer period.