1           Application

1.1       These terms and conditions apply to all Event Partners.

1.2       Each Event Partner enters into a binding agreement with us in the terms set out herein where you request or permit us to provide the Services at the Venue.

2           Services

2.1       Where we are engaged to conduct an Event, we will attend at your Venue at the date, time and frequency booked. Unless otherwise agreed and quoted at the time of booking, we will supply:

a)         entertainment designed to run to approximately 2 hours;

b)         all answer sheets and pens associated with the entertainment;

c)         one Host for every 150 guests;

d)         PA suitable for up to 150 guests; and

e)          template-based marketing materials to assist in the promotion of the booked Event.

2.2       Hosts will be supplied in our sole discretion and may change from time to time.

2.3       If you wish to skip a regular booking, 24 hours notice must be provided to us otherwise the full Booking Fee will be payable.  If we are unable to provide the Services for any reason, a full credit note will be issued.

2.4       During the currency of our engagement, you must not engage any other supplier to provide services of the same or substantially similar nature as the Services provided by us unless otherwise agreed with us.

3            Booking Fees

3.1       You must pay the Booking Fees to us as stated in the booking confirmation or as otherwise agreed, as and when they fall due for payment. We may review and vary our Booking Fees from time to time and will provide you with notice of any changes in writing.

3.2      Where attendance at any Event is expected to exceed 150 people, a second Host will be supplied at a further charge of $250. 

3.3      Any Event held on public holidays or Sundays will incur an additional $110 surcharge (per Host).

3.4      Where under 10 people are present to participate at an Event by the scheduled start time, you may decide not to proceed with the booked Event that night and in that case the Booking Fee will be reduced to a call out fee of $110 only for that Event.

3.5     Where no direct debit arrangement is in place (see clause 4), we will render an invoice to you in respect of any Services provided. You must pay any invoice rendered by we within 7 days unless otherwise stated.

3.6       We may charge interest at the rate of 8% per annum calculated daily on overdue Booking Fees, and may withhold further provision of our services until such time as all outstanding invoices are paid.

4           Direct Debit

4.1       We may require you to enter into a direct debit arrangement by notifying you in writing. If you have an amount outstanding on your account on the date the direct debit starts, we may deduct that amount on or after that date.

4.2       On the day of processing, we will debit your account to a maximum of the amount due on the account at the processing time. If the payment is dishonoured due to insufficient funds in the nominated account, we will notify you and make such further attempts to deduct the payment as necessary.

4.3      You must:

a)        ensure all account information supplied to us is current and correct;

b)        ensure your nominated account can accept direct debits;

c)        ensure sufficient funds are available in the nominated account to meet a payment on the date due; and

d)        immediately advise us if your nominated account is transferred, closed or the direct debit is cancelled.

4.4      If you consider a payment has been initiated incorrectly, or there is a discrepancy in a payment amount, please contact us immediately so we can address your query.

4.5     If you wish to change your bank account or personal details you may do so at any time. The existing nominated account will only be discharged from the direct debit arrangement once the incoming account has successfully processed payment of any outstanding balance. Any request to change the nominated account must be issued to BQ Accounts by email to accounts@bamboozledquizmasters.com.au, and will be processed within approximately 10 business days.

4.6     You may terminate your direct debit agreement at any time by notifying us or your financial institution at least 5 business days before your next direct debit due date. Upon any cancellation, you must pay all amounts due on your account on the due dates for those amounts using an alternate payment method.

5           Venue provisions

5.1       You must provide screen facilities to enable our host to connect a laptop for visual content, and a suitable PA where the expected number of guests exceeds 150.

5.2      You must provide suitable prizes to be awarded at Events. Prizes are in your discretion but must always include a first prize of $50 value minimum.

6           Themed Quiz Night Materials

6.1       Where you book a Themed Quiz Night, we will provide you with the Approved Themed Materials.

6.2      You warrant and undertake to us that you will not, without the prior written approval of a BQ director:

a)          modify, limit or otherwise alter the Approved Themed Materials;

b)         use or apply our logos, indicia or business name in connection with any of your own marketing or promotional materials, or any modified or altered version of the Approved Themed Materials you may create, commission, produce or publish;

c)          publish, share, adapt or otherwise make unauthorised use of any third party’s intellectual property rights (including but not limited to trade marks or copyright, whether registered or unregistered, anywhere in the world) in connection with any Event; and/or

d)         authorise, enable or permit any person, employee, contractor, or third party to do any of the above.

6.3       You acknowledge and agree that you are solely responsible and liable for any Non-Approved Themed Materials and/or any modified or altered version of the Approved Themed Materials you may create, commission, produce or publish.

6.4       If you breach any of the warranties or undertakings above, or use any Non-Approved Themed Materials in connection with the promotion or conduct of a Themed Quiz Night, you agree that you will immediately become liable in full for the delivery of the Services at the Event. In such case, you will be liable to indemnify us and our officers and employees in relation to any losses, damages, costs (including legal costs on a full solicitor-client basis) and expenses sustained as a result of any claims of any kind made, brought or threatened against us and/or any of our officers or employees by any parties relating to that Event.

7           Licenses and authorisations

7.1       You must hold all rights at law to play and perform music from the Venue and all other necessary licenses, authorisations and approvals in place to enable Us to conduct the Event booked from the Venue.

8           Intellectual Property

8.1       BQ owns all intellectual property rights capable of protection at law in or in relation to the Services and the Buzz For Bucks Promotion.  You must not copy or reproduce any aspect of the Services or the Buzz For Bucks Promotion at the Venue or at any other venue, or authorise or instruct any third party to do so.

9           Termination

9.1       Our engagement shall continue in time indefinitely until terminated either by us or you under this clause.

9.2       Our engagement may be terminated by either us or by you on 14 days written notice. We will conduct any booked Events during within the notice period and you will remain liable to pay the Booking Fees during the notice period.

9.3       We may terminate its engagement immediately and without notice to you if in our reasonable opinion, you breach these Terms, fail to pay any invoice by the date due, become subject to any insolvency event, or if we are no longer able to perform our obligations under these Terms.

9.4       Termination does not affect any accrued rights we may have up to the date of termination, including but not limited to any unpaid invoices.

10        Liability and Loss

10.1       BQ is an entertainment provider and its engagement is strictly limited to the provision of the Services.  BQ is not an event planner, organiser or promoter, and accepts no liability as such.  Other than as expressly set out in these Terms, all liability for the conduct, management and delivery of an Event lies with you.

10.2       To the maximum extent permissible at law, BQ shall not be liable or responsible for any loss or damage (including accidental loss and inadvertent loss) to the Venue, patrons, staff, property or persons. You accept full responsibility for each of the above items, and agree to indemnify us on a full solicitor-client basis in relation to any claims made, threatened or brought by any third parties against us in relation to such loss or damage.

10.3       Where any equipment belonging to us is damaged, destroyed or stolen at the Venue as a result of the actions of the Venue, its patrons or its staff, you must reimburse us for the costs and expenses of repairing or replacing such equipment upon demand.

10.4       You agree to indemnify us in relation to any and all loss, damage or expense (on a full solicitor-client basis) suffered by us as a result of a breach of any term, obligation, warranty or representation given by you under these Terms.

11        Dispute Resolution

11.1    Where a dispute arises out of or in connection with these Terms, a duly authorised representative of each party must within 10 days of the dispute arising, meet in good faith to try and resolve the dispute before instituting legal proceedings.

11.2    Nothing in this clause prohibits the immediate commencement of proceedings for urgent interlocutory relief or where the action relates to a claim for liquidated debts (including interest and costs).

12        Safety & Harassment

12.1    We are committed to ensuring the safety of our Hosts. We rely on you to ensure that when our Hosts are at the Venue you will take all reasonable and necessary steps to ensure the personal safety of our Hosts, and to prevent any instance of harassment or endangerment of welfare.

12.2    Where a Host notifies a Venue staff member of a Safety Incident, you must immediately take all appropriate action to address the Safety Incident. This includes:

a)          identifying the person/s who have caused or are contributing to the Safety Incident;

b)         monitoring the conduct of the person/s following the Host’s notification of the Safety Incident by assigning a staff member to the immediate area surrounding the Host for the remainder of the Event;

c)          reprimanding or reproaching any conduct that the Host considers is inappropriate conduct;

d)         if the Safety Incident relates to harassment, abuse or serious danger to a Host, immediately ejecting the responsible person/s from the Venue and contacting police;

e)          escorting the Host to his or her car following the conclusion of Event;

f)           making a written report of the Safety Incident and providing the incident report to BQ within 24 hours of the Event; and

g)          taking all other steps as may be necessary to ensure the safety and wellbeing of the Host.

13        “Buzz for Bucks”

13.1    BQ may, in its sole discretion, offer certain suitable Venues the option to conduct its additional Buzz For Bucks Promotion at Events hosted at the Venue. Where held at a participating Venue, the promotion constitutes a trade promotion lottery jointly conducted by BQ and the Venue pursuant to section 102 of the Gaming and Wagering Commission Act 1987.

13.2   The Buzz For Bucks Promotion is a game offered to patrons of the Venue who participate in an Event held regularly at the Venue. The promotion will be operated in the manner set out in BQ’s player terms and conditions (Player Terms), published on BQ’s website at the following URL: www.bamboozledquizmasters.com.au/buzzforbucks. Participating Event Partners must comply with those terms and conditions, must ensure all advertising and promotional materials associated with the promotion comply with these terms, with the terms set out in section 102 of the Gaming and Wagering Commission Act 1987, and with all other applicable laws.

13.4   The promotion operates by giving the team who wins the mid-Event game at a regular quiz (Qualifying Game) the right to play a second buzzer-based game for a cash prize which increases week to week until successfully claimed (Buzzer Game). The cash prize may be claimed more than once during the currency of BQ’s engagement by the Venue, while the promotion is offered to the public. The cash prize must be supplied by the Venue and awarded to any and all teams who successfully win the Buzzer Game, in accordance with the Player Terms. Under no circumstances is BQ liable to any person or team to provide any prize of any kind, in any way associated with the Buzz For Bucks Promotion or an Event.

13.5   Participating Venues will have the right to set/fix the monetary amount by which the prize will rollover if unclaimed week to week, and the maximum prize cap before it resets to $0 if unclaimed. The Venue is solely responsible for supplying the monitoring the rolling balance week to week and must advise the BQ Host of the balance prior to commencement of the Buzzer Game at any Event.

13.6    The Venue must ensure that none of its employees, officers or staff participate in the Buzzer Game.

14        General

14.1    Entire Agreement

These Terms constitute the entire agreement between us and you with respect to our engagement. If a provision of this agreement is invalid or unenforceable in a jurisdiction it is to be read down and severed in that jurisdiction to the extent of the invalidity or unenforceability, and it does not affect the validity or enforceability of the remaining provisions.

14.2    Amendment

We may amend these Terms from time to time on notice to you. Changes will be published online at bamboozledquizmasters.com.au/terms and take effect immediately upon publication.

14.3    Assignment

Your rights and obligations under these Terms are personal and cannot be assigned without the prior written consent of BQ. BQ may assign its rights and obligations under these Terms without requiring your consent.

14.4    Waiver

No failure, delay, relaxation or indulgence on the part of BQ in exercising any power or right conferred upon it in terms of these Terms shall operate as a waiver of such power or right nor shall any single or partial exercise of any such power or right nor any single failure to do so, preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms.

14.5    Survival of terms

All Terms set out within survive the termination of our engagement.

14.6    COVID-19

BQ endeavours to respond to all government and other mandates relating to COVID-19 efficiently and quickly. Our staff are directed to refrain from attending work if experiencing cold/flu symptoms consistent with COVID-19. You are responsible for complying with COVID-19 conditions in its Venue at all times, including implementing relevant social distancing and hygiene measures. You must ensure Venue staff and personnel refrain from attending work if experiencing cold/flu symptoms consistent with COVID-19.

14.7    Governing Law

These Terms are subject to the exclusive jurisdiction of the laws in force in Western Australia from time to time. These Terms are governed by and must be construed in accordance with the laws of Western Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Western Australia and all courts which have jurisdiction to hear appeals from those courts, and waive any right to object to proceedings being brought in those courts for any reason.

15        Defined terms

In these Terms, the following defined terms have the following meanings:

Approved Themed Materials means, in relation to any Themed Quiz Night, an event title, event description including disclaimer, and (if requested) digital materials in respect of the theme selected.

Booking Fees means the service fees stated in the booking confirmation provided by BQ to the Event Partner at the time of booking.

BQ, our, us or we means PBSK Management Pty Ltd trading as Bamboozled Quizmasters.

Buzz For Bucks Promotion means the promotional game for a rolling cash bonus which may be integrated into an Event in the way specified by clause 13.

Event means an event at a Venue at which the Services are provided.

Event Partner, you or your means the entity which owns and/or operates a business at a Venue.

Host means a BQ host/MC.

Non-Approved Themed Materials means any images, graphics, advertising content, marketing content, promotional content, social media images, posters, designs, screen-grabs, photographs, copyright material, or any other documents (whether digital or physical) howsoever created or published, other than the Approved Themed Materials.

Safety Incident means an incident or action, which has either occurred or which a Host anticipates may occur, concerning the personal safety or wellbeing of a Host.

Services  means the preparation and hosting of a quiz, musical bingo or similar form of entertainment.

Themed Quiz Night means a quiz night based upon a specific subject, topic or theme.

Venue means a pub, restaurant, bar or other site at which an Event takes place.