Terms & Conditions

These Terms & Conditions ("Agreement") govern the provision of production services ("Services") by Keystone Creative ("we," "our," or "the Company") to you, the Client ("you" or "your"). By engaging with Keystone Creative, you are agreeing to these Terms & Conditions. Please read them carefully.
These terms are prepared upon review / consultation with Australian Consumer Law (ACL) and relevant state and federal legislation.

1. Services Provided

Keystone Creative offers a wide range of services across Live Events & Film/TV. These include but are not limited to;

Production & Technical Support
Event Design & Conceptualisation
Stage Management & Coordination
Content Creative Direction & Producing
Supplier Management
Budgeting Services
Site Management
& Custom Solutions tailored to Client needs

A detailed description of the Services provided will be outlined in your individual Service Agreement.
Services at times will be subject to availability and may be revised as agreed upon by both parties.

2. Booking & Confirmation

Booking Process: To secure our services, the Client must submit a written request specifying the services required. A consultation period will be provided pro bono & a formal quote will be issued for approval.
Deposit: For large scale projects a non-refundable deposit of 30% of the total proposed services cost is required to confirm your booking. Unless otherwise agreed upon by both parties, the deposit must be paid within 7 days of confirmation of services & receipt of invoice. If the deposit is not received within this time, the quotation will be considered void.
Final Payment: The remaining balance is due no later than 7 days prior to the commencement of services, unless otherwise agreed upon by both parties in writing. Failure to make the full payment by the due date may result in the cancellation of services and the forfeiture of the deposit.
Late Payment Fees: Failure to finalise outstanding payments on agreed terms will result in a late payment fee of 2.5% per week on all subsequent overdue invoices.

3. Client Responsibilities

Accurate Information: The Client must provide all necessary and accurate information regarding the project, including expected attendance, technical specifications, venue details, scope of works expected, and special requirements, at least 21 days prior to the project date.
Access to Site: The Client is responsible for providing suitable access to the site / venue for supplier deliveries, set-up, operation, and de-rigging of equipment, as well as ensuring that all required permissions and permits are in place.
Licensing and Permits: Unless agreed to in writing in advance, the Client is responsible for obtaining and ensuring compliance with all relevant local permits and licenses, including but not limited to:
- APRA (e.g., for music performance &/or broadcast)
- Permit To Work Licenses (if applicable)
- Regulation 16 or 18 (if applicable)
- Form(s) 1, 2 & 5 (if applicable)
- Any other necessary regulatory approvals for the effective delivery of the event.
Health & Safety: Keystone Creative remains informed & pro-active on Occupational Health and Safety legislation, public health guidelines (such as COVID-19) Venue Safety Policies, Inductions, Fatigue & Workplace Mental Health.
The Client agrees to promote and foster a safe, productive workplace at all times, and where necessary implement additional measures as recommended by Keystone Creative.

4. Cancellation and Postponement

Client Cancellation: In the event the Client cancels the booking, the following cancellation fees apply:
- Greater than 28 days before the event: Full refund, minus the non-refundable deposit.
- 7-28 days before the event: 50% of the total service costs.
- Less than 7 days before the event: 70% of the total services cost.
- Less than 2 days before the event: 100% of the total services cost.
Company Cancellation: Keystone Creative reserves the right to cancel an agreement if unforeseen circumstances prevent the provision of the agreed services in a timely & effective manner (i.e; Illness, Force Majeure, Acts of God). As well as any circumstance that is seen as a breach of our professional code of conduct by Keystone Creative or Client.
In such cases, the Client will receive a full refund inclusive of any deposits paid.
Postponement: If the Client wishes to postpone the event, we will attempt to accommodate the new date, subject to availability. If the event is postponed, the Client is responsible for any costs subsequently incurred by Keystone Creative (i.e; administrative time & fees, hire equipment fees, etc.)
Extenuating Circumstances: In the event of cancellation due to extenuating circumstances (i.e; client illness, bereavement, natural disaster, or government restrictions) we will review & advise on modified cancellation terms in goodwill.

5. Liability and Indemnity

Indemnity: The Client agrees to indemnify and hold harmless Keystone Creative, their employees, contractors, and affiliates from any, and all claims, damages, liabilities, and expenses (including legal fees) arising from the Client's project, except in cases of Keystone Creative's gross negligence or wilful misconduct.
Limitation of Liability: To the fullest extent permitted by law, Keystone Creative' liability for any claim arising out of or in connection with this Agreement, whether in contract, tort, or otherwise, is limited to the amount paid by the Client for the specific services in dispute. This limitation of liability does not exclude or limit your rights under the Australian Consumer Law, including your right to remedies for faulty services.
Insurance: The Client is responsible for obtaining adequate insurance to cover any potential risks, including damage to equipment, injury to persons, or damage to the venue. Clients are encouraged to provide evidence of insurance coverage for the event. Keystone Creative holds public liability insurance, but it is the Client’s responsibility to ensure appropriate coverage for other risks, including property damage or personal injury to staff & patrons.

6. Force Majeure

Neither party will be held liable for failure to perform or delay in performance of any obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, Acts of God, fire, flood, pandemic, government restrictions, war, civil unrest, strikes, technical failures, or other events beyond the party's control. In the event of a force majeure occurrence, both parties will work in good faith to reschedule the event or find a reasonable alternative solution.
Any deposits will be transferred to the rescheduled event or refunded at our discretion.

7. Intellectual Property

Ownership: All intellectual property created or produced by Keystone Creative, including event designs, media content, digital assets, and other creations, at all times remains the property of Keystone Creative unless explicitly agreed otherwise in writing.
Client Materials: The Client grants Keystone Creative licence to use logos, trademarks, digital assets & media collateral, as supplied by the Client, in our delivery of services; but limited to the relevant services agreement only.
Media Rights: The Client grants Keystone Creative permission to take photographs, video recordings, and other media during the event for our own marketing, promotional, or social media purposes. unless otherwise stated in writing prior to the event.
The Client reserves the right to request certain media, personnel or data not be shown in promotional releases.
Keystone Creative will respect these requests in writing, provided such requests are made with appropriate notice prior to the event.

8. Consumer Rights and Australian Consumer Law

Consumer Guarantees: Keystone Creative guarantees that all services will be provided in accordance with the Australian Consumer Law (ACL). This includes:
- Providing services with due care and skill.
- Ensuring that services are fit for purpose.
- Delivering services within a reasonable time.
- Engaging reputable & skilled contractors / agents.
Remedies for Faulty Services: If any services do not meet these guarantees, the Client may be entitled to a remedy under the ACL, which may include a revision / replacement, or a full or partial refund, dependent on the circumstance.
Refunds: Refunds for services will be provided only in accordance with the ACL. Refunds will not be provided for services that have been fully rendered or for cancellations outside the terms specified above.

9. Privacy and Data Protection

Keystone Creative respects your privacy and is committed to safeguarding your data & records. Personal data & Commercially Sensitive information collected by us will be used only for the purposes of fulfilling your service requirements and is managed in accordance with The Australian Privacy Act 1988 (Cth) Client data will be retained for no longer than 12 Months after the event unless the Client agrees otherwise. All personal data is stored securely and used solely for event-related purposes only.

For further details, refer to our Privacy Policy.

10. Amendments

Keystone Creative reserves the right to amend or update these Terms & Conditions at any time.
Any changes affecting existing service agreements will be communicated to the Client in writing via email and will take immediate effect upon such notice. We recommend you review our Terms & Conditions periodically to remain informed on our policies.

11. Dispute Resolution

In the event of any dispute, the Client agrees to first attempt to resolve the matter through informal discussion with Keystone Creative.
If a resolution cannot be reached, both parties agree to engage in alternative dispute resolution (ADR) or mediation within 28 Days before pursuing any legal remedies.

By engaging with Keystone Creative, you acknowledge that you have read and understood these Terms & Conditions.
If you have any questions or concerns about our Terms & Conditions please contact us at;

Keystone Creative
PO Box 201, Maylands WA 6931
imagine@keystonecreative.com.au