Service Terms & Conditions


Your purchase of services from Ultima Music A.B.N. 31 905 594 410 (hereby referred to as “The Firm” or “The Performer(s)” in this document), is subject to these Terms and Conditions of Service. “Service” is hereby defined as “an act, deed, duty or labour done by The Performer(s) under the direction and control of the client for monetary compensation” in this document. Upon making a booking, you accept these terms and agree to be bound by them, and an agreement is formed between us and you. If you do not accept these Terms, you must refrain from using this website or making a booking with us. Once you have accepted these terms and conditions by making a booking, damages or other judicial remedies may be sought by us upon any refusal to abide by our terms and conditions.

For future orders, these terms may be different and so we recommend you read these terms carefully each time you agree to them during the booking process.


1) Payments:

a) We require credit card details in order to confirm a booking for cancellation purposes, as well as any damage caused to any of our equipment, and etcetera.

b) The following is regarding EFT and Credit Card payment:

(i) All payments, (deposits included) are NON-REFUNDABLE.

(ii) Full payment via EFT (direct bank deposit), PayPal or credit card is due 14 days prior to the event. If complete payment is not received by then, the Firm reserve the right to withhold the performer from attending the event. Deposit payment will not be refunded.

(iii) Any full payments paid via Credit Card/Paypal or Direct Bank Deposit received later than the required 14 days prior to event allows the Firm to change their work schedule without notice beforehand.

c) The following is regarding cash payment:

(i) If complete cash payment is not made before the commencement of the service, the performer reserves the right to withhold the service without due notice. In this situation, the client will be liable to pay the Firm for the service regardless. The Firm will not be responsible for the inconvenience or misfortune caused by the failure to deliver the service.


2) Cancellations:

a) Should the client wish to cancel the service more than 14 days prior to the event date, a cancellation fee of 50%, as well as any additional fees, is charged to the credit card provided or any other means. This is non-refundable.

b) Should the client wish to cancel the service 14 days or within 14 days prior to the event date, a cancellation fee of 100%, as well as any additional fees, is charged to the credit card provided or any other means. This is non-refundable.

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

d) All prior payments, whether they be deposits or full payments are non-refundable.

e) The Firm reserves the right to charge the cancellation fee in the event that the customer is unable to move forward with the order due to insufficient I.D., specified service amount, etc.

f) Without prejudice to any other rights or remedies, the Firm reserves the right to refuse service to any customer.


3) Refunds:

a) Once entered into this contract, refunds are only permitted in accordance with the terms of this contract; and the Australian Consumer Law, to the extent that the prior does not contravene the latter.

b) The client are not entitled to a refund if they 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) Only partial refunds are given in the case of equipment being faulty at the fault of the Firm.

e) Any disputes are to remain private between the client and the Firm, and signed documentation stating that they adhere to this is to be signed before any refunds can be given.

f) Should the client breach this contract by publicly renouncing the Firm on any third party public forum, online, verbal, printed etcetera, the Firm retains the right to refuse a refund.


4) Event Conduct & Venue Specifications:

a) The performer(s) require a minimum of 45 minutes 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) The client is to provide and/or pay for parking for one vehicle, as near to the performance area as possible.

c) If the client is booking other entertainment as well as hiring the performer’s services, the client is responsible to ensure that there is the sufficient amount of space available for the aforementioned entertainment and hire, as well as sufficient space for where the client requires the performer to set up.

d) All bookings will be taken by Firm as a confirmation that the venue will have possession of the necessary entertainment and liquor licences on the date of the event. The Firm are not responsible if the venue is found to be in breach of the terms of their license.

e) It is the client’s responsibility to ensure 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. Not all equipment is designed to fit through narrow doorways and/or up staircases. It is the client’s responsibility to inform the Firm of any access restrictions that may impede set up or restrict equipment use.

f) The Firm does not tolerate violent, aggressive or abusive behaviour from anyone under any circumstances. The performer(s) reserve the right to terminate their services at any time they feel their personal safety is under threat. The performer(s) will not take responsibility for ejecting any unwanted persons from any venue. The client will be advised of any problems that the performer(s) may have in this respect with any of the client’s guests.

g) The performer(s) will not be responsible for any damage or loss to private or public property caused by invited or uninvited guests.

h) 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. The Firm require a minimum of 2 power outlets dedicated purely for equipment (not in the form of an extension lead). Any damage caused to the Firm’s equipment by an inadequate power supply or power interruption is the responsibility of the client and any charges the Firm incurs in its rectification must be borne by the party liable for the damage. 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.


5) Equipment:

a) 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 the Firm may operate our equipment. Under no circumstances may unauthorised personnel tamper, move or attempt to use equipment owned by the Firm. The Firm will not 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 the Firm’s equipment caused by the client or any person at the client’s function. The client agrees to be charged for the full cost of any repairs or replacements required (the Firm will, however, substantiate any repair cost with repairer quotes). The client will be contacted within 3 business days in regards to damage made and the price of rectification; or our progress in analysing the matter. This is to be charged to the specified credit card at retail value.

d) The client shall be responsible for the costs incurred in making good any loss or damage to the equipment whatsoever, costs incurred at recommended retail price regardless of any discounts available, without deduction for depreciation.

e) For atmospheric effects, including but not limited to smoke machines, bubble machines, confetti and snow 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.

f) If the performer is linking the Firm’s equipment within a fixed in-house audio system, the Firm reserve the right to refuse to do so if the equipment is considered to be unsafe or likely 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.

g) 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.

h) Under no circumstances does the Firm take any responsibility for any third party equipment; including but not limited to its’ compatibility with Firm equipment.

i) Lighting, sound and any other equipment must not be used by other entertainers or by any other person(s) except with the written permission of Firm management prior to the event.


6) Termination of Contract:

a) The Firm will take the reasonable precautions to avoid non-fulfilment of the contract by management and or the performer. However, in the event of non-fulfilment on the part of the Firm, the contracted performer will then only be liable for the sum up to and not exceeding the service price. The Firm will not be liable for any further charges or compensation.

b) The Firm are 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, breakdown of vehicle, or any other event beyond the performer or Firm’s control. 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 the client.

c) Under Health & Safety laws, the performer(s) can withdraw or refuse to perform in any unsafe building, access or venue where the safety of the Firm’s 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) The privacy of the client’s personal information is important to The Firm.

b) The Firm and its third parties may collect personal information directly from the client when the client register as a member of the Firm, when the client place an order, or when the client contact the Firm’s Customer Service Team. Personal information may include the client’s name, residential and/or postal address, telephone number and email address.

c) The client’s personal information is not collected if the client only browse this website.

d) Members of The Firm, the franchisor, their related bodies corporate and their authorised third parties, may use the client’s personal information for the purposes for which the client give it to any of them and for their own internal purposes. The client agree that The Firm and/or its third party may use the client’s email address to send the client messages concerning the client’s membership account, any Orders the client place and information about the products sold that The Firm thinks may be of interest to the client. If the client would prefer not to receive promotional or other material from The Firm or its third parties, they may advise the Firm; and the latter will respect the client’s request. The client also agree that The Firm may contact the client to arrange delivery or collection of the client’s order.

e) The client may request the Firm to remove the client’s personal information from its database by contacting the Customer Service Team.

f) Unless otherwise advised by the client, the Firm reserves the right to use any photography and videography taken during the function period for promotional purposes. The Firm will not do so if the client withdraws this authorisation.


8) Laws of Victoria:

a) These terms will be governed by and interpreted in accordance with the laws of Victoria, Australia and the client 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 the client accesses the website in a jurisdiction other than Victoria, Australia, they 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 the client and the

d) The failure by the Firm 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 Firm.