Amber White Strippers – Service Agreement
A. The parties to this Agreement are “You” the performer, and My Choice Agents Pty Ltd trading as Amber White Entertainment and Amber White Strippers (“Amber White Strippers”).
B. This Agreement commences on the date your application with Amber White Strippers is approved.
C. The parties agree to be bound to the terms and conditions of this service agreement.
D. You confirm and acknowledge that you are engaged in the business of providing entertainment services in Australia.
E. 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.
F. 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.
1. This Agreement sets out the terms and conditions in which Amber White Strippers agrees to provide the Services to you, and you agree to acquire the services of Amber White Strippers.
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 to 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. The parties to this Agreement acknowledge that in no way does this Agreement form a joint venture, partnership or employer/employee relationship.
6. Neither party has the authority to legally bind or make representations on behalf of the other party. As such, neither party can bind the other party to any decision, quote or acceptance of services.
7. Amber White Strippers will not and is not required to make any superannuation entitlements/payments to you (or your agents or employees).
8. 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.
9. Your appointment by Amber White Strippers for the provision of the Services shall be a non-exclusive arrangement, and Amber White Strippers is at liberty to engage other performers to undertake the Services.
10. You are responsible for planning and performing the services.
Fees, Commission and Accounts
There are numerous ways in which a client makes payment of the services provided by you.
11. Cash Clients:
i) Cash clients may pay you directly for your services upon arrival at a booking.
ii) 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 of receipt of the payment. An invoice will be provided by way of email, in order to make payment.
iii) From time to time you may be asked by a client to perform additional services then what had been previously agreed to between Amber White Strippers and the client. In this instance a client may make payment for these additional services in cash to you. In the event you collect any cash payments by performing these additional services, you agree to notify Amber White Strippers within 7 days of receipt of said payment and deposit an amount equal to 20% of the additional service payment received by you to Amber White strippers.
12. Pre-Paid Clients:
i) In the instance where a client pays for services in advance, upon completion of the service you are to provide your bank account details to Amber White Strippers. Amber White Strippers will then make payment of the fee due and owing to you from providing the service.
ii) Amber White Strippers will, upon making payment to you pursuant to clause 12.1 above, produce an invoice issued from you to Amber White Strippers, which will in all circumstances include GST.
iii) At times, a service may be required to be delivered in a regional location at which point you may be entitled to a reimbursement for your travel.
iv) All travel fees must be negotiated and agreed upon between Amber White Strippers and yourself prior to engaging and accepting the service to be provided to the client. If the parties agree on a travel fee, you are to invoice Amber White Strippers upon completion of the service. Amber White Strippers will then make payment of the invoice amount within 7 days of receipt of the invoice.
13. You acknowledge your responsibility to comply with your obligations in respect of taxation, entitlements and superannuation.
14. Amber White Strippers is not responsible for your taxation, entitlements and GST reporting.
Cancellation of Bookings
15. 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 immediately provide Amber White Strippers with notice via phone, email or text message.
16. If you cancel or fail to attend a previously confirmed booking for any reason, Amber White Strippers may require you to pay an amount that is equal to:
i) the deposit amount paid by the client on the cancelled booking; or
ii) the amount that would have been received, had the job been performed by you as previously agreed.
17. In the event that you are required to pay Amber White Strippers in accordance with either clause 16.1 or 16.2 above, an invoice will be emailed to you with details to make payment. This invoice must be paid within 7 days of the date of the invoice being sent.
18. 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.
19. If the invoice remains unpaid after 7 days of the date of the invoice being sent, Amber White Strippers will engage a debt collection agency or legal firm to recover the sum due and owing to Amber White Stripper by you due to your cancelled booking.
20. You agree to pay any and all costs incurred by Amber White Strippers in the collection of the outstanding amount due and owing including recovery and legal costs on an indemnity basis.
21. 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, your assigns, or your employees, subcontractors or other agents.
22. You will indemnify and keep indemnified 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.
23. Amber White Strippers does not provide any worker’s compensation to you or your agents, assigns, employees and subcontractors. Workers compensation is your absolute responsibility.
24. 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.
25. You accept all risk involved in performing entertainment services for Amber White Strippers and take full responsibility for all damage or injuries that may occur or be caused by you.
26. You waive the responsibility of Amber White Strippers in regard to any and all injuries that may occur and accept this as your own.
27. You must take out your own insurances and ensure that the venue in which the services are to be carried out have appropriate public liability. Amber White Strippers is in no way liable to you or your agents, employees, assigns or subcontractors for any injury, loss, expenses, damage or liability.
28. You agree and undertake that you (or your assigns, employees, 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.
29. “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:
i) is supplied by Amber White Strippers to you (including but not limited to client contact details and information);
ii) is generated by you in the course of providing the entertainment services pursuant to this Agreement;
iii) comes into your possession in the course of providing the entertainment services pursuant to this Agreement;
iv) and, which is not in the public domain.
30. “Confidential Information” includes:
i) any information marked “confidential” or to the like effect;
ii) any information that you are instructed is confidential or which you are instructed to keep confidential;
iii) 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;
iv) financial information regarding pricing structures, accounts rendered, income, debts, profits, salaries and wages paid, assets and liabilities and bad debts;
v) 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;
vi) marketing information;
vii) strategic information regarding objectives and plans;
viii) procedures, processes, technology and systems relating to the operation of Amber White Strippers business and related entities.
Protection of Business Interests
31. For the duration of this Agreement, Amber White Strippers may perform services for other individuals, organisations and companies as well as for you.
32. 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. 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.
33. 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.
34. 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:
i) 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
ii) 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 32 and 33.
Restraint of Trade
35. 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.
36. This Agreement may be terminated by either party at any time by notice in writing to the other party, if the other party:
i) For any reason, fails to observe or perform any of its obligations pursuant to this Agreement;
ii) Abandons or refuses to proceed with the Services or entertainment services pursuant to a client lead;
iii) 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;
iv) Is guilty of dishonesty or gross misconduct in providing the Services or the entertainment services; or
v) 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.
37. 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 email@example.com.
38. On termination of this Agreement by either party, you will:
i) stop all client work as provided by Amber White Strippers;
ii) 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;
iii) deliver to Amber White Strippers all property including client and customer lists, and other documentation.
39. If you terminate your relationship with Amber White Strippers, the terms of Agreement relating to Protection of Business Interests, Non-Solicitation, Indemnity and Restraint of Trade, will remain in force and effect and will survive termination.
40. 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 18.
41. The terms of this Agreement may be amended or varied by Amber White Strippers at any time, without notice.
42. The terms of this Agreement may not be amended or varied by the Performer without written consent from Amber White Strippers.
43. 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.
44. This Agreement will be governed by and construed in accordance with Commonwealth law and the law of Queensland.
45. 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.
Services Provided By Amber White Strippers
46. 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:
i) Identification and coordination of client events, promotions, private parties and opportunities for the contractor to perform entertainment services;
ii) Marketing and advertising.