The Pushworth Group is a Marketplace and as such it operates under the Private Employment Agenct Act 2005. Licence: 4456. Licensee: Nichola Burton
Last Updated: 1 November 2025
PREAMBLE
These Terms and Conditions (“Terms”) constitute the entire agreement between Pushworth Pty Ltd (ABN 91059294674) and its Clients, governing all services provided by Pushworth including Event Producer, Event Management, Program Curation, Supply Chain Management and the use of Pushworth’s digital services, including the Pushworth Live platform.
By accessing or using any Pushworth services, including live.pushworth.com , you agree to be bound by these Terms.
1. DEFINITIONS
1.1 Supplier means any Supplier of a Service engaged or introduced by Pushworth for the benefit of the Client.
1.2 Booking Protocol means the non‑circumvention provisions in clause 15.
1.3 Business Day means a day other than a Saturday, Sunday, or Public Holiday in Queensland.
1.4 Client means any User contracting to access Pushworth Services.
1.5 Force Majeure Event has the meaning in clause 13.3.
1.6 GST, Tax Invoice, and Taxable Supply have the meanings in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
1.7 Program means any curated Sequence of Entertainment, Event, or Service supplied by Pushworth under these Terms.
1.8 Platform or Pushworth Live means Pushworth’s client-facing Web Application or Digital System through which Clients access Services, Calendars, Assets, Invoices and Financial Status updates.
2. APPOINTMENT & SCOPE OF SERVICES
2.1 The Client nominates Pushworth as Supply Chain Management for the Services selected in the onboarding process, which may include service options such as Preferred Entertainment Supply, Casual Entertainment Supply, Program Curation, Event Management, Premium Brand Bookings, Side‑of‑Stage and Technical Services, and other services specified from time to time.
2.2 Pushworth acts solely as Supply Chain Management: contracting services between the Customer and the Supplier.
2.3 Under the Private Employment Agent Act 1983/2005/2015. (Licence: 4456. Licensee: Nichola Burton), Pushworth is not a party to the contract.
2.4 Pushworth may, as required, subcontract or delegate any obligation without the Client’s consent.
3. ELIGIBILITY
3.1 Clients accessing Pushworth services must be over 18 years of age and have full authority to bind their business.
3.2 By using the Booking Portal Platform (live.pushworth.com) or any of the Pushworth suite of Services, the Clients represent that they have the legal authority to accept these Terms.
4. ONBOARDING & CLIENT OBLIGATIONS
4.1 The completion of The Pushworth Onboarding constitutes an offer by the Client to engage Pushworth subject to these Terms. Acceptance occurs when Pushworth activates the Client’s profile in the Live Booking Portal.
4.2 Clients warrant that all information supplied is true, complete, and not misleading, agreeing that they are obligated to update any change within 48 hours.
4.3 Clients must provide and maintain all required Event information requested by Pushworth: (eg Production, OHS, Marketing, Logistics etc)
5. PROGRAM BRIEF & ACCESS
5.1 Pushworth will issue each Client with the following:
- Access to the Live Booking Portal (live.pushworth.com) to the Primary Contact providing them with access to Dashboards:
- Booking Overview
- Billing Overview (including access to Invoice downloads)
- Calendar Overview per Location (Specific Venue or Bar)
- Marketing Asset Downloads per Supplier Service (Specific Show)
- OHS Compliance Drive – COC Pub Lib PDFs
5.2 Pushworth will grant each Client a revocable, non-exclusive licence to use the supplied marketing materials strictly for promoting the relevant Program. All intellectual property remains owned by the Supplier, and must not be modified without written consent.
6. Client RESPONSIBILITIES – STAGING THE SHOW
6.1 The Client shall at its cost:
(a) provide a safe, clearly defined stage area with appropriate power and access;
(b) supply adequate security, parking, and staff;
(c) maintain public liability insurance of at least AUD$20 million and provide certificates on request;
(d) comply with all applicable laws, including Liquor Act 1992 (Qld), WHS Act 2011 (Qld), and local directives.
6.2 Provide all additional requirements for Feature or Touring Shows are negotiated and set out in each Contract and Worksheet.
7. SAFETY & COMPLIANCE
7.1 Client-provided electrical equipment must be tagged and tested to AS/NZS 3760.
7.2 Show Service Suppliers who are contracted by Pushworth to perform at your specific Location will hold Public Liability Insurance of at least AUD$20 million, maintain test and tag compliance, and provide site-specific SWMS upon request. They are responsible for their own Personal Injury Cover and Workers Compensation.
7.3 Show Service Suppliers may suspend or cancel performances in unsafe conditions, with fees remaining payable if the Client is deemed to be at fault.
8. PRODUCTION – Client OR Supplier SUPPLIED
8.1 The Client must provide pre-contract technical specifications and a dedicated technical contact should they be providing In House Production as part of a specific show negotiation.
8.2 Client- Supplied Production is the Client’s responsibility to maintain and operate safely in accordance with the Client Risk Management Policy and SWMS.
8.3 Supplier-Supplied Production will meet the Client’s Capacity Requirements to maintain and operate safely in accordance with the Client Risk Management Policy and SWMS.
9. SCHEDULES & TIME MANAGEMENT
9.1 Load-in, sound-check, performance, and load-out times are binding.
9.2 The Client must nominate an Official Gig Time (“OGT”) to synchronise all schedules.
9.3 To honour the integrity of the negotiated Show Contract, if a Supplier is 15+ minutes late for the agreed load-in time, the Client must contact Pushworth’s Emergency Line as part of the Event Management best practice.
9.4. To honour the integrity of the negotiated Show Contract, if a Supplier fails to arrive within 30 minutes of the agreed show start time without acceptable cause, the Client may choose to cancel the Show Contract without liability and, where feasible, source a potential replacement at the Client’s cost.
10. PERFORMANCE STANDARDS & CONDUCT
10.1 To honour the integrity of the contracted Show delivery, Show Service Suppliers agree to report to the Duty Manager on arrival, Undergo a Site Induction and to Confirm all relevant Aspects of the Show Contract Delivery.
10.2 The Client must enforce backstage security and restrict unauthorised stage access.
10.3 The Client must ensure no smoking, vaping, or animals on stage unless expressly permitted by law and prior agreement.
11. HOSPITALITY
11.1 Suppliers are entitled to potable water and non-alcoholic beverages at no cost.
11.2 Alcohol, meals, or other hospitality must be expressly agreed via a signed Hospitality Rider and form part of the Contracted Show Service Supply.
12. ADMINISTRATION & REPORTING
12.1 Pushworth will issue each Client with the following:
- Access to the Live Booking Portal (live.pushworth.com) to the Primary Contact providing them with access to Administration and Reporting Dashboards:
- Booking Overview
- Billing Overview (including access to Invoice downloads)
- Calendar Overview per Location (Specific Venue or Bar)
- Marketing Asset Downloads per Supplier Service (Specific Show)
- OHS Compliance Drive – COC Pub Lib PDFs
12.2 Please ensure you notify your Booker of all required changes PRE the execution of each Show Contract.
13. FINANCIAL TERMS
13.1 Pushworth will issue batched Tax Invoices weekly on the first business day of the Entertainment Week. (Except for Public Holidays this is Monday)
13.2 Payment in full is due within seven (7) days of invoice unless otherwise agreed in writing.
13.3 Late payments may accrue interest at 20% per annum, calculated daily, plus debt recovery costs on an indemnity basis.
13.4 All fees are exclusive of GST unless stated otherwise.
14. CANCELLATIONS & FORCE MAJEURE
14.1 Client Cancellations: Must be in writing with at least 28 Business Days’ notice; otherwise full fees may remain payable subject to negotiation and agreement.
14.2 Supplier Cancellations: For illness, accident, or legitimate cause, Pushworth will use reasonable efforts to secure a replacement. The Client must not unreasonably refuse a substitute Supplier.
14.3 Force Majeure: Neither party is liable for failure to perform due to an event beyond its control (natural disaster, epidemic, government action, civil unrest, utility failure) if prompt notice is given and mitigation attempted.
15. CONFLICT OF INTEREST & RADIUS CLAUSE
15.1 Exclusion Zones will be negotiated between the Client and the Supplier, on a case by case basis according to the Client Brief and based on a five-kilometre radius during a specific term and subject to approval.
15.2 It is recommended that Show Service Contracts within the same postcode at competing Client Locations be booked at least 21 days apart unless Clients are clearly non-competing subject to approval.
16. BOOKING PROTOCOL & NON‑CIRCUMVENTION
16.1 All Suppliers in the Pushworth Marketplace agree that they will not be engaged by you outside of the Pushworth Supply Chain for no less than 12 twelve months thereafter, regardless of changes in Client or Supplier Management, Entity, or Trading Name.
16.2 Breach of this clause entitles Pushworth to liquidated damages equal to the greater of AUD$5,000 or 20% of the gross fees payable for the unauthorised engagement, plus GST.
17. PROFESSIONAL CONDUCT & ZERO TOLERANCE
17.1 All parties agree to communicate respectfully and in good faith.
17.2 Abuse, harassment, discrimination, or unsafe conduct may result in immediate removal from access to live.pushworth.com.
18. INTELLECTUAL PROPERTY & PROMOTION
18.1 Each Client is granted a limited, revocable licence to use Pushworth-supplied Marketing materials to promote the Show Calendar.
18.2 Pushworth and/or the Supplier retains all intellectual property in promotional materials, recordings, and trademarks.
18.3 Supplier assets provided may only be used to market specific booked events; unauthorised copying, reuse, or distribution is prohibited.
19. PLATFORM TERMS – PUSHWORTH LIVE
19.1 Pushworth Live Access
Pushworth will issue each Client with the following:
- Access to the Live Booking Portal (live.pushworth.com) to the Primary Contact providing them with access to Dashboards:
- Booking Overview
- Billing Overview (including access to Invoice downloads)
- Calendar Overview per Location (Specific Venue or Bar)
- Marketing Asset Downloads per Supplier Service (Specific Show)
- OHS Compliance Drive – COC Pub Lib PDFs
19.2 Client Responsibilities
Clients must:
- Provide accurate, current, and complete Onboard details
- Maintain confidentiality of login credentials
- Access only authorised functions and data
- Use the Platform for lawful purposes
- Notify Pushworth immediately of any security concerns
20. Acceptable Use Policy
20.1 Prohibited Conduct
Clients must use the Pushworth Live Platform responsibly and lawfully. The following activities are strictly prohibited:
- Circumventing or attempting to bypass system access controls or security measures;
- Sharing login credentials with, or granting access to, unauthorised persons;
- Scraping, copying, reproducing, or commercially exploiting any data or content from the Platform;
- Introducing viruses, malware, or conducting unauthorised testing or system interference;
- Harassing, abusing, or threatening any other user, staff member, or representative of Pushworth.
20.2 Enforcement
Pushworth reserves the right to suspend or terminate access, without notice, in response to any breach of this Acceptable Use Policy, and may take legal action where appropriate.
- User Access Management and Contact Roles
24.1 Primary User Access
Each Client will be issued one (1) login credential assigned to a designated Primary User.
24.2 Account Management
The Client is solely responsible for managing the email address and password associated with the Primary User account and ensuring access remains secure and current.
24.3 Revocation of Access
The Client must remove or revoke access for any ex-employee, contractor, or unauthorised individual within 24 hours of their role ending or authorisation being withdrawn.
24.4 Monitoring and Notifications
Pushworth may issue periodic notifications or access reports to assist Clients in reviewing and validating authorised Contact Roles.
24.5 Account Suspension
Pushworth reserves the right to suspend, restrict, or deactivate user accounts in cases of inactivity, security concerns, or suspected misuse.
24.6 Indemnity
The Client indemnifies Pushworth against all loss, damage, or liability arising from any failure to properly manage or remove user access, including misuse by former or unauthorised users.
- Data Breach Response Plan
22.1 Contact Role Management
Pushworth recognises that Clients assign Contact Roles with access to Pushworth Live. As part of ongoing risk management:
- Clients must maintain up-to-date Contact Role lists and promptly revoke access for any user who no longer requires it;
- Pushworth may provide periodic access reports or notifications to assist Clients in reviewing active users;
- Failure by Clients to remove obsolete or unauthorised Contact Roles is regarded as a key insider security risk.
22.2 Incident Assessment
When assessing any data breach, the Pushworth Data Breach Response Team will determine whether unauthorised access or exposure resulted from the Client’s failure to manage Contact Roles or revoke access appropriately.
22.3 Remediation
Pushworth will collaborate with affected Clients to update Contact Role lists immediately following a breach and may recommend improvements to Client-side access management policies and staff training.
22.4 Data Breach Register
Pushworth maintains a Data Breach Register in accordance with the Privacy Act 1988 (Cth).
All suspected or confirmed data breaches must be reported to [email protected] for investigation and documentation.
23. INDEPENDENT CONTRACTOR STATUS
23.1 The Supplier retains full creative control over all aspects of the performance, including performance style, song selection, and equipment used. The Supplier is contracted to achieve a specific result—to entertain the audience and enhance the event atmosphere.
23.2 All performance agreements constitute a result-based service contract and do not create an employment, partnership, or labour hire relationship between the Supplier, the Client, or Pushworth.
23.3 The Supplier is solely responsible for their own superannuation, taxation, and insurance obligations, consistent with their business structure.
23.4 The Supplier is engaged as an independent contractor (sole trader, partnership, company, or trust) and not as an employee or labour hire worker. Accordingly, the Client is not liable for any superannuation contributions under the Superannuation Guarantee (Administration) Act 1992 (Cth).
23.5 While performance agreements may specify performance duration (e.g. three 45-minute sets), payment is made for delivery of the entertainment service as a completed result, not for hours worked.
23.6 The Supplier indemnifies the Client and Pushworth against any claim, liability, or demand arising from or relating to superannuation guarantee contributions or employment classification disputes.
25. CONFIDENTIALITY
- 25.1 Each party must treat as confidential all proprietary, financial, and operational information belonging to the other party and must not disclose such information to any third party except as required by law or with prior written consent.
- 25.2 Both parties agree to handle all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), ensuring that any personal or sensitive data is collected, stored, used, and disclosed securely and lawfully.
- 25.3 The obligations under this clause survive termination or expiry of this Agreement.
26. Dispute Resolution
26.1 The parties must first attempt to resolve any dispute arising under these Terms through good-faith negotiation.
26.2 If the dispute is not resolved within fourteen (14) days, either party may refer the matter to mediation administered by the Resolution Institute of Australia, conducted in accordance with its Mediation Rules.
26.3 No party may commence legal proceedings unless mediation has first been attempted in good faith, except where urgent interlocutory relief is required.
27. Termination
27.1 Either party may terminate this Agreement immediately by written notice if the other party:
(a) commits a material breach of these Terms that cannot be remedied;
(b) fails to remedy a breach within a reasonable time after receiving written notice;
(c) becomes insolvent, bankrupt, or enters into administration; or
(d) engages in conduct likely to cause reputational or commercial harm to the terminating party.
27.2 Termination will not affect any accrued rights, remedies, or obligations of either party as at the date of termination.
28. Amendments
28.1 Pushworth may amend these Terms by providing fourteen (14) days’ written notice to Clients.
28.2 Continued use of Pushworth’s Services after the notice period constitutes the Client’s acceptance of the amended Terms.
29. Governing Law & Jurisdiction
29.1 These Terms are governed by the laws of Queensland, Australia.
29.2 The parties submit to the exclusive jurisdiction of the courts and tribunals of Queensland in relation to any dispute arising under or in connection with this Agreement.
30. Notices
30.1 All notices under these Terms must be in writing and delivered by email to the addresses provided during onboarding or as subsequently updated in writing.
30.2 A notice is deemed to be received when the sender’s email system records successful transmission, provided it is not returned as undeliverable.
31. Entire Agreement
31.1 These Terms, together with any written variation or executed Schedule, constitute the entire agreement between the parties and supersede all prior negotiations, understandings, or agreements, whether oral or written.