The Pushworth Group Terms and Conditions 2025 Revision
The Pushworth Group operates under the Private Employment Agenct Act 2005. Licence: 4456. Licensee: Nichola Burton
PREAMBLE In the crucible where entertainment meets commerce, The Pushworth Group (‘Pushworth’) forges alliances with Clients that value craft, culture, and continuity. These Terms and Conditions (‘Terms’) distil our covenant with each client venue (‘Venue’), anchoring obligations in the statutes of Queensland, Australia, and safeguarding the integrity of Pushworth’s business practice.
1. DEFINITIONS
- 1.1 ‘Artist’ means any performer, DJ, band, crew member, contractor, or creative engaged or introduced by Pushworth for the benefit of the Venue.
- 1.2 ‘Booking Protocol’ means the non‑circumvention covenant in clause 15.
- 1.3 ‘Business Day’ means a day other than a Saturday, Sunday, or public holiday in Queensland.
- 1.4 ‘Force Majeure Event’ has the meaning in clause 13.3.
- 1.5 ‘GST’, ‘Tax Invoice’, and ‘Taxable Supply’ have the meanings in A New Tax System (Goods and Services Tax) Act 1999 (Cth).
- 1.6 ‘Program’ means any curated sequence of entertainment, event, or service supplied by Pushworth under these Terms.
2. APPOINTMENT & SCOPE OF SERVICES
- 2.1 The Venue appoints Pushworth as its agent for the Services selected in the onboarding process, which may include 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 an agent arranging the engagement between the Venue and the Artist. Unless expressly agreed, Pushworth is not the employer, partner, or joint venturer of the Artist or the Venue.
- 2.3 Pushworth may subcontract or delegate any obligation without the Venue’s consent.
3. DISCOVERY, ONBOARDING & VENUE OBLIGATIONS
- 3.1 Completion of the online discovery and onboarding forms constitutes an offer by the Venue to engage Pushworth subject to these Terms. Acceptance occurs when Pushworth activates the Venue’s profile.
- 3.2 The Venue warrants that the information supplied during onboarding is true, complete, and not misleading and shall promptly update any change.
- 3.3 The Venue must provide and maintain the Production, Work Health and Safety (‘WHS’), digital marketing, and event particulars requested by Pushworth.
4. PROGRAM BRIEF & ACCESS
- 4.1 Pushworth will issue to the Venue the Program Brief, Administration & Booking Schedule, WHS Compliance Expectations, and links to Pushworth’s digital asset portals.
- 4.2 Pushworth grants the Venue a revocable, non‑exclusive licence to use Pushworth‑supplied marketing materials strictly for promoting the relevant Program. All intellectual property remains owned by Pushworth or the Artist, and must not be modified without written consent.
5. VENUE RESPONSIBILITIES – STAGING THE SHOW
- 5.1 The Venue shall, at its cost: (a) provide a safe, clearly delineated stage area with fit‑for‑purpose power, access, and egress; (b) supply adequate security, parking, and staff to protect Artists, crew, equipment, and patrons; (c) maintain public liability insurance of at least AUD$20 million and provide certificates on request; (d) ensure compliance with all applicable laws, including the Liquor Act 1992 (Qld), WHS Act 2011 (Qld), Fire and Building Regulations, and local council directives.
- 5.2 Additional obligations for Feature or Touring Shows are set out in Schedule 1.
6. SAFETY & COMPLIANCE
- 6.1 All electrical equipment provided by the Venue must be tagged and tested in accordance with AS/NZS 3760.
- 6.2 Artists supplied by Pushworth carry public liability insurance of not less than AUD$20 million and maintain current test and tag certification and site‑specific Safe Work Method Statements.
- 6.3 An Artist may, acting reasonably, suspend or cancel a performance where conditions are unsafe. Fees remain payable where the cause of the unsafe condition is within the Venue’s control.
7. PRODUCTION – VENUE OR ARTIST SUPPLIED
- 7.1 The Venue must supply pre‑contract technical specifications and designate a competent contact.
- 7.2 Where production is Venue‑supplied, the Venue is responsible for maintenance, operation, and any damage not caused by the Artist’s wilful misconduct or negligence.
- 7.3 Artist‑supplied production will be adequate for the Venue’s capacity and may include smoke or haze subject to prior written approval.
8. SCHEDULES & TIME MANAGEMENT
- 8.1 Load‑in, sound‑check, performance, and load‑out times are binding. The Venue shall nominate an Official Gig Time (‘OGT’) to which all devices will be synchronised.
- 8.2 Late Arrival Protocol: If an Artist is more than 15 minutes late for load‑in, the Venue must notify Pushworth’s Emergency Line. If the Artist fails to arrive within 30 minutes of the scheduled show start without acceptable cause, Pushworth may cancel the performance without liability and, where feasible, procure a replacement at the Venue’s cost.
9. PERFORMANCE STANDARDS & CONDUCT
- 9.1 Artists must report to the Duty Manager on arrival, observe dress codes, and avoid explicit content unless pre‑approved.
- 9.2 The Venue shall enforce backstage security and restrict unauthorised stage access.
- 9.3 The Venue shall ensure no smoking, vaping, or animals on stage unless legally permissible and expressly agreed.
10. HOSPITALITY
- 10.1 Artists are entitled to potable water and non‑alcoholic beverages at no cost.
- 10.2 Alcohol, meals, or other hospitality must be agreed in a signed Hospitality Rider and form part of the Taxable Supply.
11. ADMINISTRATION & REPORTING
- 11.1 Pushworth will issue a Monthly Show Report by the 10th calendar day of the preceding month. The Venue must confirm accuracy within five Business Days.
- 11.2 Failure to advise corrections constitutes acceptance and authorisation of associated invoices.
12. FINANCIAL TERMS
- 12.1 Pushworth will issue consolidated Tax Invoices weekly on Sundays or Mondays.
- 12.2 Payment is due within seven (7) days of invoice unless otherwise agreed in writing.
- 12.3 Late payments may accrue interest at 20% per annum, calculated daily, plus all debt‑recovery costs on an indemnity basis.
- 12.4 All amounts are exclusive of GST unless stated. The Venue must pay GST in addition.
13. CANCELLATIONS & FORCE MAJEURE
- 13.1 Venue Cancellations: The Venue may cancel a performance only by written notice at least 28 Business Days before the show. Where notice is less than 28 Business Days, the full fee is payable.
- 13.2 Artist Cancellations: Where an Artist cancels due to illness, accident, or other legitimate cause, Pushworth will use reasonable endeavours to provide a replacement. The Venue shall not unreasonably refuse a substitute Artist.
- 13.3 Force Majeure: A party is not liable for failure to perform caused by an event beyond its reasonable control (including natural disaster, governmental restriction, epidemic, civil unrest, or utility failure) provided that party gives prompt notice and uses best endeavours to mitigate. Fees for cancelled performances due to Force Majeure are recoverable only to the extent recouped from the Artist or as set out in the Program Brief.
14. CONFLICT OF INTEREST & RADIUS CLAUSE
- 14.1 Where the Venue books a Pushworth Artist for a recurring engagement of at least one show per month over six consecutive months, Pushworth will not book that Artist at a directly competing venue within a five‑kilometre radius during the engagement, subject to pre‑existing commitments.
- 14.2 Performances within the same postcode must be spaced at least 21 days apart unless the venues are clearly non‑competing.
15. BOOKING PROTOCOL & NON‑CIRCUMVENTION
- 15.1 All Artists or Services presented to the Venue by Pushworth are deemed confidential introductions.
- 15.2 The Venue must not, during the Term and for 12 months thereafter, engage, contract, or otherwise deal with any such Artist or Service except through Pushworth, irrespective of any change in the Venue’s management, entity, or the Artist’s trading name.
- 15.3 Breach of this clause entitles Pushworth, as a genuine pre‑estimate of loss, to a liquidated damages fee equal to the greater of AUD$5,000 or 20% of the gross fees payable for the unauthorised engagement, plus GST.
16. PROFESSIONAL CONDUCT & ZERO TOLERANCE
- 16.1 All parties must communicate respectfully and in good faith. Abuse, harassment, discrimination, or unsafe conduct may result in immediate termination of the performance and removal from Pushworth programs without compensation, and may be reported to authorities.
17. INTELLECTUAL PROPERTY & PROMOTION
- 17.1 Pushworth and/or the Artist retains all intellectual property in promotional materials, recordings, and trade marks. The Venue grants Pushworth a revocable licence to use Venue imagery or logos solely for promoting the Program.
18. LIABILITY & INDEMNITY
- 18.1 To the maximum extent permitted by law, Pushworth excludes all implied warranties and limits its liability for any claim, whether in contract, tort (including negligence), statute, or otherwise, to the total amount of Service Fees paid by the Venue in the preceding three (3) months.
- 18.2 The Venue indemnifies Pushworth, its officers, employees, and agents against all loss, liability, cost, or expense arising from: (a) breach of these Terms by the Venue; (b) injury to any person or damage to property occurring at the Venue in connection with a Program except to the extent caused by Pushworth’s wilful misconduct; (c) use of the Venue’s equipment or facilities.
19. CONFIDENTIALITY & PRIVACY
- 19.1 Each party shall keep confidential the other party’s proprietary information and comply with the Privacy Act 1988 (Cth).
20. TERMINATION
- 20.1 Either party may terminate immediately by written notice if the other party commits a material breach incapable of remedy, becomes insolvent, or engages in conduct likely to damage the terminating party’s reputation.
- 20.2 Termination does not affect accrued rights or obligations.
21. DISPUTE RESOLUTION
- 21.1 The parties shall endeavour to resolve any dispute via good‑faith negotiation. If unresolved within 14 days, the dispute must be referred to mediation administered by the Resolution Institute of Australia before litigation.
22. AMENDMENTS
- 22.1 Pushworth may amend these Terms by giving 14 days’ notice. Continued use of Services after the notice period constitutes acceptance of the amended Terms.
23. GOVERNING LAW & JURISDICTION
- 23.1 These Terms are governed by the laws of Queensland, and the parties submit to the exclusive jurisdiction of its courts and tribunals.
24. NOTICES
- 24.1 Notices under these Terms must be in writing and delivered by email to the addresses notified in onboarding, deemed received when the sender’s system records transmission.
25. SUPPLIER SUPERANNUATION OBLIGATION
- 25.1 The Artist retains full creative control over the performance style, song selection, and equipment used, and is contracted to achieve a specific result: to entertain the audience and contribute to the atmosphere of the event.
- 25.2 All performance agreements are for a result-based service, not for labour or hours worked, and do not constitute an employment or labour hire relationship.
- 25.3 The Artist is solely responsible for their own superannuation and tax obligations.
- 25.4 “The Artist is engaged as an independent sole trader supplier and not as an employee or labour hire worker. The Artist is responsible for their own superannuation, taxation, and insurance obligations. The Client shall not be liable for any superannuation contributions on behalf of the Artist under the Superannuation Guarantee (Administration) Act 1992.”
- 25.5 “While Performance agreements may specify the duration of the performance (e.g. 3 x 45-minute sets), the Artist is not paid for time worked but for delivering a completed entertainment service as an independent contractor. The Artist retains full creative control over the performance style, song selection, and equipment used, and is contracted to achieve a specific result: to entertain the audience and contribute to the atmosphere of the event. All agreements via Pushworth LIVE are for a result-based service, not for labour or hours worked, and does not constitute an employment or labour hire relationship. The Artist is solely responsible for their own superannuation and tax obligations.”
- 25.6 “The Show Supplier indemnifies the Client and Pushworth Pty Ltd against any claims or liabilities arising from superannuation guarantee contributions.”
26. ENTIRE AGREEMENT
- 25.1 These Terms, the Program Brief, and any written variation constitute the entire agreement between the parties and supersede all prior discussions.
27. SCHEDULE ONE
- Feature/Touring Show Requirements (a) FOH sound and lighting meeting or exceeding Artist technical rider;
- (b) Qualified technical staff for set‑up, operation, and pack‑down;
- (c) Clean, air‑conditioned, secure dressing room;
- (d) Parking for up to three vehicles adjacent to stage;
- (e) Venue access at least six (6) hours prior to show time.
