Terms & Conditions
Backflips Against Bullying Incursions
Terms and Conditions
In these terms and conditions, “we” “us” and “our” refers to Action Education Pty Ltd (ABN 40 630 685 844). The terms “school” “organisation” and “client” refer to the entity booking the program. Your access to and use of all information on this website including purchase of our service/s is provided subject to the following terms and conditions.
We reserve the right to amend this Notice at any time. We therefore recommend that each time you access our website you read these terms and conditions.
1. We reserve the right to terminate your booking at any time if you breach these terms and conditions.
2. We reserve the right to abruptly end a performance, or remove audience members from a performance, if we feel that there is a safety risk to our performance team or other participants or audience members in the room.
3. Our entertainment team has absolute discretion on the suitability of a performance space, and can request to move to a new space if they feel that there is a safety risk.
4. Wherein the Participant is younger than 18 years, their respective parent or guardian must agree to their participation in this program, or the school on behalf of the student.
5. Wherein a booked program cannot go ahead for any reason, the school can then reschedule this performance for a date in the succeeding 12 months. No additional fees are charged.
— a. To reschedule a program, the new date for the program must be confirmed prior to the date currently scheduled, otherwise the program will be considered a cancellation, and Section 7 conditions will apply.
— b. The new date must be confirmed in writing by the Action Education team, for the rescheduling to be considered valid. For last-minute changes, contact us via 1300 993 225, in order to ensure that the changes are actioned prior to your event day. If confirmation of a date change has not been made by the Action Education team prior to the event day, Section 6 conditions may apply.
6. Wherein a booked program cannot go ahead for any reason, after the team have arrived on site on the day of the event, the school can reschedule this performance for a date in the succeeding 12 months, and the school will incur an additional fee equal to 50% of the program fee.
7. A booked program can be cancelled by submitting confirmation of this in writing to the Action Education team. You can do this by emailing firstname.lastname@example.org.
— a. Wherein a booked program is cancelled, and not rescheduled, more than 7 days out from the original event date, 50% of the program fee will be payable.
— b. Wherein a booked program is cancelled, and not rescheduled, less than 7 days out from the original event date, 75% of the program fee will be payable.
— c. Cancellation fees are not applicable if the school opts to reschedule the program (see Sections 5 & 6 for conditions). If the school decides to cancel at a later date, Section 7 applies as normal.
8. All invoices will be due within 14 days of the Event Date as per the signed proposal, regardless of whether a rescheduling has occurred.
— a. Special conditions may apply if a school is non-operational, or if by Government mandate cannot hold external programs within the school, due to a pandemic or other force of nature. See Section 24 “COVID-19 Special Conditions”.
9. Wherein payment for our services has not been paid in advance, you agree to make full payment of outstanding invoices within 14 days of issuance. Wherein invoices are outstanding for a time period greater than 28 days, we reserve the right to initiate debt collection procedures or legal action at your sole cost.
Intellectual property rights
10. The copyright to all content on our website including performances, courses, course materials, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
11. Any comment, review, testimonial, feedback, idea or suggestion, which you provide to us through this website, we are entitled to use for self-promotion or profit, including as testimonials on our website or as content in our programs, with no compensation.
12. All performance or action course activities engaged in may include an inherent risk of physical damage to participants. You understand and acknowledge these activities are potentially dangerous. For Victoria based institutions, you also agree to limit liability subject to the provisions of c53 and 55 of the Wrongs Act (1958) (Vic) and s22 of the Australian Consumer Law and Fair Trading Act (2012)(Vic).
13. Wherein you have provided a location or premises for the delivering of our performances or courses, you guarantee that the provided location is a safe place for providing said performances and/or courses. Our performance team reserve the right to request a change of venue if they determine it to be unfit or unsafe.
14. Participants attend and participate in our performances and/or courses at their own risk. Participants with medical conditions adversely affecting their ability or safety must inform us prior to participating in our performances or programs.
15. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. The information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
16. If a school is billed based on a specific number of students in attendance, then the agreed number of students in the proposal signed should be the total expected number of children on the day of the event.
17. If the total number of children exceeds the expected number by a margin of 5% or greater, Action Education will receive the total agreed per-child-fee for every child in attendance on the day.
18. If the total number of children is less than, or equal to, the student number figure listed on the Quote page of this proposal, the full program fee outlined in the Proposal will be due.
19. When a recurring deal is signed, the agreed dates will be reserved perpetually by Action Education, unless the school requests to end the recurring agreement.
20. The first program date under this agreement falls under the conditions outlined in Sections 4 – 9.
21. The second program date under this agreement, and all future programs thereafter, can be cancelled by the school.
— a. The school who has signed a recurring proposal can cancel their next program up to 3-Months prior to their scheduled program, and no fees will be charged for the program.
— b. If the school wishes to cancel the program within the 3-month period, it will be subject to the same Conditions as laid out in Sections 4 – 9.
23. If a school wishes to reschedule their recurring program at any time, it will be subject to the same Conditions as laid out in Sections 4 – 9.
COVID-19 Special Conditions
24. The below conditions are for schools that are not operational, or if by Government mandate cannot hold external programs within the school, due to a pandemic or other force of nature (eg. COVID-19-related Government Lockdown).
— a. Where possible, pre-booked programs will be automatically held for rescheduling, and the school will be notified via email by the Action Education team of this. If you have not been notified by email, the program may be being treated as moving forward. If the school believes that this should not be the case, the school is required to indicate this in writing to Action Education.
— b. Section 7 conditions for program cancellation apply as normal. These conditions do not apply in the event of rescheduling.
— c. To reschedule their program, schools will be given an additional 14 days past the original date of their program to determine the new date. The remaining rescheduling conditions in Section 5 apply. No additional fees are incurred for rescheduling, including if multiple reschedules are required.
— d. At the written request of the school, the due date for a program invoice (see Section 8) can be moved back by up to 2 months, but no later than 14 days after the rescheduled date/new performance date. This includes if a program is rescheduled for more than 2 months in the future.
— e. Section 24d is only applicable for the first instance of rescheduling. The bill due date can only be moved once, regardless of if further reschedules are required for the program. If the written request for delaying a program invoice is not made in writing, then program invoices will be presented to the school after their original event date by default, and will be due within 14 days as normal.
— f. If a school has not rescheduled their show (delivered in writing) during the extension period of 14 days after the original Event Date, this will be treated as a cancellation, and billed accordingly as per Section 7.