RECITALS

• You are engaged in the business of providing entertainment services in Australia.
• Amber White Strippers provides services in the form of marketing and client referral services ("the Services") to you, including, but not limited to, services as set out in Schedule A.
• This may include referral to private clients, and the opportunity to perform work for corporate clients.
• You have agreed to engage Amber White Strippers to provide some or all of the Services, subject to the terms and conditions contained in this Agreement.

AGREEMENT

Purpose

1. This Agreement sets out the terms and conditions on which Amber White Strippers agrees to provide the Services to you and you agree to acquire the services of Amber White Strippers.

Performance

2. You agree to engage Amber White Strippers for the purpose of carrying out the Services.
3. In providing entertainment services to clients of Amber White Strippers, you will use your best endeavours to conform the Amber White Strippers requirements as may be notified to you from time to time by Amber White Strippers (either in writing or orally).
4. Neither party to this Agreement, nor their agents and employees pursuant to this Agreement, shall become a partner or employee of the other party and nothing contained in this Agreement is intended to create such a relationship.
5. Neither party has the authority to legally bind or make representations on the behalf of the other party.
6. No superannuation entitlements from Amber White Strippers will be payable to you (or your agents or employees).
7. All documents, contracts and equipment provided to you in relation to the entertainment services to be performed remain the sole property of Amber White Strippers and must be produced immediately on request by Amber White Strippers.

Fees, Commission and Accounts

8. Cash Clients:
   • Cash clients may pay you directly for your services upon arrival at a booking.
   • In the event you collect any cash payment on behalf of Amber White Strippers, you are required to deposit this payment along with any fees for the booking within 7 days. An invoice will be provided by way of email, in order to make payment.
9. Pre-Paid Clients:
   • Should a client pay for a booking in advance, on completion of the job you will be paid a predetermined percentage of the total booking amount.
   • Where Amber White Strippers receives direct payment from a pre-paid client, you are required to complete and send an invoice to invoices@amberwhite.com.au.
   • You are required to add GST to your invoices. In any event that you fail to add GST to an invoice, you permit Amber White Strippers to add GST to the invoice on your behalf.
   • Amber White Strippers will pay you within 7 days of receipt of the completed invoice.
10. You acknowledge your responsibility to comply with your obligations in respect of taxation, entitlements and superannuation.

Cancellation of Bookings

11. Where a booking for entertainment services has been allocated to, and confirmed by you, and you are no longer able to perform the job, you are required to provide Amber White Strippers with notice via phone, email or text message.
12. If you (the Performer) fail to attend a previously confirmed booking for any reason, Amber White Strippers may require you to pay the amount that would have been received, had the job been performed as previously agreed.
13. In the event that you are required to pay Amber White Strippers the amount that would have been received had you not cancelled a booking, an invoice will be emailed to you with details to make payment. This invoice must be paid within 7 days of the date of receipt.
14. In the event that an invoice is issued, you will be removed from all SMS booking request lists until the payment has been received and you will no longer receive bookings from Amber White Strippers.

Indemnity

15. You will be responsible for rectification and/or compensation for any claim(s) made by a third party in respect of the entertainment services provided by you, or your employees, subcontractors or other agents.
16. You will indemnify Amber White Strippers against any damage, expense, loss or liability suffered or incurred by Amber White Strippers in respect of any breach of this Agreement.
17. Amber White Strippers does not provide any worker’s compensation to you or your agents. Workers compensation is your absolute responsibility.
18. You perform the entertainment services at your own risk and in doing so shall comply with the provisions of all statutes and regulations in connection with providing the entertainment services to client referrals provided by Amber White Strippers. You accept all risk involved in performing entertainment services for Amber White Strippers and take full responsibility of all injuries that may occur or be caused by you. You waive the responsibility of Amber White Strippers in regards to any and all injuries that may occur and accept this as your own.

Confidentiality

19. You agree and undertake that you (or your subcontractors or agents) will not, either during continuance of this Agreement or at any time afterwards, use or disclose to any persons, company or body corporate, any confidential information of or relating to Amber White Strippers or its related entities.
20. "Information" means, in respect of the business of Amber White Strippers, any information whether recorded on any physical or electronic document that belongs to Amber White Strippers or its related entities or which:-
    • is supplied by Amber White Strippers to you;
    • is generated by you in the course of providing the entertainment services pursuant to this Agreement;
    • comes into your possession in the course of providing the entertainment services pursuant to this Agreement;
    • and, which is not in the public domain.
21. "Confidential Information" includes:-
    • any information marked "confidential" or to the like effect;
    • any information that you are instructed is confidential or which you are instructed to keep confidential;
    • any information disclosed to you in the circumstances which would, to a reasonable person, indicate that the information is sensitive, commercial information or information of a kind which, if disclosed to third persons, could or might cause loss or damage (including damage to reputation) to Amber White Strippers;
    • financial information regarding pricing structures, accounts rendered, income, debts, profits, salaries and wages paid, assets and liabilities and bad debts;
    • information regarding key performance indicators, services supplied, the names, addresses, and other details of clients and customers, terms of the supply of service or service contracts, particular transactions or related information;
    • marketing information;
    • strategic information regarding objectives and plans;
    • procedures, processes, technology and systems relating to the operation of Amber White Strippers business and related entities.

Protection of Business Interests

22. For the duration of this Agreement, Amber White Strippers may perform services for other individuals, organisations and companies as well as for you.
23. For the duration of this Agreement, you may perform services for other organisations and companies as well as for client leads provided by Amber White Strippers.
24. Where you perform work for any business that has been referred to you by Amber White Strippers, at any time, Amber White Strippers is entitled to 20% of all earnings received as a result of such work performed.
25. Where you perform work for any business that is currently under contract with Amber White Strippers, Amber White Strippers is entitled to 20% of all earnings received as a result of such work performed.

Non Solicitation

26. In consideration of the parties entering into this Agreement and to reasonably protect the goodwill of the business, it is agreed that without the prior written consent of the other party, you will not during the continuation of this Agreement and for a period of twelve (12) months after the termination of this Agreement, whether directly or indirectly, for the period specified in this clause:
    • Induce or solicit or accept the approach of any employee or other person engaged by Amber White Strippers to leave the employment or engagement of Amber White Strippers or to commence employment or other type of engagement with you or any other person or entity; or
    • Induce or solicit or accept the approach of any client, past or present, referred by Amber White Strippers, with the view to performing entertainment services directly without payment of the fee specified in Clauses 24 and 25.

Restraint of Trade

27. You will not commence a business in the same industry (including, but not limited to; waitressing, adult entertainment, or promotional) within 12 months of the cessation of your relationship with Amber White Strippers.

Termination

28. This Agreement may be terminated by either party at any time by notice in writing to the other party, if the other party:-
    • For any reason, fails to observe or perform any of its obligations pursuant to this Agreement;
    • Abandons or refuses to proceed with the Services or entertainment services pursuant to a client lead;
    • Assigns any of its benefits or purports to assign, or otherwise divest itself of any obligations under this Agreement without the written consent of the other party;
    • Is guilty of dishonesty or gross misconduct in providing the Services or the entertainment services; or
    • Fails to remedy any breach of this Agreement within seven (7) working days of being requested in writing to do so by the other party.
29. This Agreement may be terminated by either party on the provision of 24 hours written notice, which is to be provided by email correspondence to employment@amberwhite.com.au.
30. On termination of this Agreement by either party, you will:-
    • stop all client work as provided by Amber White Strippers;
    • take all available steps other than the continuation of work, for the purpose of minimising loss resulting from that termination and to protect the service to the clients and customers;
    • deliver to Amber White Strippers all property including client and customer lists, and other documentation.
31. If you terminate your relationship with Amber White Strippers, the terms of Agreement relating to Protection of Business Interests, Non-Solicitation, and Restraint of Trade, will remain in force for 12 months from the date of termination.
32. In the event this Agreement is terminated by the performer, and money is owed to Amber White Strippers at the time of termination, Amber White Strippers reserves the right to continue to publish all images provided by the performer by way of their online profile, until the outstanding balance has been paid. Amber White Strippers is not required to provide work to the performer during this time in accordance with Clause 14.

Variation

33. The terms of this Agreement may be amended or varied by Amber White Strippers at any time, without notice.
34. The terms of this Agreement may not be amended or varied by the Performer without written consent from Amber White Strippers.

Waiver

35. No rights under this Agreement will be deemed to be waived except where the waiver is in writing and is signed by each party. A waiver by either party will not prejudice its rights in respect of any subsequent breach of this Agreement by the other party. Any failure by either party to enforce any clause of this Agreement or any forbearance, delay or indulgence granted by either party to the other party will not be construed as a waiver of the rights under this Agreement.

Governing Law

36. This Agreement will be governed by and construed in accordance with Commonwealth law and the law of Queensland.

Notice

37. Notices under this Agreement may be delivered by email to the parties at the relevant email address as either party may specify by notice in writing to the other from time to time. Notices shall be deemed to be given upon successful transmission of the email.

SCHEDULE A

38. SERVICES TO BE PROVIDED BY AMBER WHITE STRIPPERS

The services performed by Amber White Strippers are to provide general client leads, marketing and related duties for you. These services include, but are not limited to:-

• Identification and coordination of client events, promotions, private parties and opportunities for the contractor to perform entertainment services;
• Marketing and advertising.