BOOKINGS TERMS & CONDITIONS

Humphrey B. Bear Booking Agreement - Terms and Conditions

BETWEEN: OZPIX ENTERTAINMENT PTY LTD, ABN 86 148 039 418 of PO BOX 2773, Burleigh Waters MC, QLD, 4220 (“OZPIX”)

 

AND: The person, company/organisation whose name and address appear in the Invoice and/or Schedule hereto (“Hirer”)

 

WHEREAS:

1. OZPIX has the exclusive right to license performances of Humphrey on behalf of the intellectual property rights of Humphrey B. Bear (hereinafter called “Humphrey”) and exclusive merchandising rights over any and all Humphrey B. Bear product.

2. The Hirer will enter into this Agreement directly with OZPIX.

3. The Hirer wishes to use the services of Humphrey on the terms and conditions set out in this Agreement

 

The Hirer hereby engages Humphrey to appear and perform at the venue on the Date and at the time specified in the Invoice and/or Schedule and OZPIX agrees to provide the service of Humphrey appearing in accordance with the terms of this Agreement (the “Appearance”) for the engagement fee payable by the Hirer set out in the Invoice and/or Schedule and per the Terms and Conditions of this Agreement.

The Hirer acknowledges and agrees to the following terms and conditions:

 

PERFORMANCE & PEOPLE

​

PERFORMANCE DURATION: The Show running time for Humphrey Performance ranges from 20-40 minutes with no interval, based on what has been agreed with your booking. In Rare cases, this may be cut short due to Health and Safety Concerns for the performers.

Latecomers are permitted.

 

TOURING PARTY: All shows and meet and greets organised by OZPIX Entertainment and Humphrey B. Bear Entertainment will feature a team comprising a minimum of two and a maximum of four performers, accompanied by one to two staff members. The entities reserve the right to adjust the composition and number of the touring party as necessary. Specifically, for the meet and greet segments of show bookings, there will always be at least two performers present as part of the touring party.

 

WORKING WITH CHILDREN COMPLIANCE: Humphrey’s performing and touring party all hold valid and current Working With Children Check (WWCC) cards (or the state/territory equivalent). 

 

MANAGING & REFERRING TO HUMPHREY: Humphrey is to be referred to as 'Humphrey', 'Humphrey B. Bear', 'the Bear' or 'he/him' to your clients, never a performer's name. (Naturally, once your client has booked Humphrey, they will know who Humphrey’s “inner persona” will be).

Humphrey requires a minimum 15-30 minute break between appearances. This will be guided by Humphrey and the team on the day.

HUMPHREY NEEDS A CONTACT NAME: When booking a Humphrey personal appearance, the contact's name from the Hirer must be made available to OZPIX.
 

MEET & GREETS:  OZPIX can provide paid Pre-arranged M&G sessions with specific requirements. Subject to the terms and conditions of the booking.
 

SAFETY & INSURANCE

 

HEALTH & SAFETY:  The Hirer shall disclose details of any known risks to the health and/or safety of the Humphrey undertaking the Engagement and will take the necessary steps to prevent or control such risks. The Hirer agrees to undertake as duties the following, to comply with health and safety regulations:

• To ensure a safe workplace with safe means of access and egress.

• ii. To provide safe appliances and equipment for the OZPIX and Humphrey Crew.

• iii. To ensure a safe system for doing work is in place and that staff at the Venue carry out work in a safety-conscious manner.

 

SAFE WORKING SITE FOR HUMPHREY & CHILDREN: The Hirer shall provide a safe working site for Humphrey and his team, which shall include a raised stage or a roped-off area not less than 6 x 4 metres (with appropriate Weather Cover if required) where children and other spectators cannot reach Humphrey or from outside the stage area in which Humphrey will perform (the appearance area).

 

MUST BE A CHILD-FRIENDLY ENVIRONMENT: The Hirer will ensure no alcohol in any photographs or videos, maintain respectful behaviour without any rude gestures or inappropriate actions, and ensure all content is family-friendly and suitable for children of all ages.

 

INSURANCE & INDEMNIFICATION: The Hirer shall maintain comprehensive general liability insurance covering the event and naming OZPIX as an additional insured. OZPIX shall maintain appropriate liability insurance covering the services provided by Humphrey B. Bear.

• Proof of Insurance: The hirer agrees to provide proof of insurance coverage upon request by OZPIX. OZPIX agrees to provide proof of insurance coverage upon request by the Hirer.

• Indemnification: The Hirer agrees to indemnify and hold harmless OZPIX, its officers, agents, clients and employees from and against any and all claims, damages, liabilities, losses, costs, and expenses arising out of or related to the event.

• Cancellation and Insurance: In the event of cancellation due to circumstances covered by insurance, the party invoking the cancellation shall promptly notify the other party and provide documentation supporting the claim.

• Claims Procedure: Any claims against the insurance policies shall be promptly reported to the respective insurance carriers by the party affected.

• Modification of Insurance Requirements: OZPIX reserves the right to modify insurance requirements upon written notice to the Hirer.

• Compliance with Laws: Both parties agree to comply with all applicable laws and regulations related to insurance coverage for the event.

 

VENUE & TECHNICAL REQUIREMENTS

 

VENUE ACCESS: OZPIX shall have access to the nominated performance location to check that all matters mentioned have been attended to at least 24 hours before the scheduled Appearance is due to take place.

 

VENUE LOGISTICS & RIDER: The following outlines key aspects of a Live Show Performance and what we will require from the Hirer which is confirmed via the Booking Requirements Form prior to the Performance. Updates to that form are permitted upon mutual agreement.

• Car Parking: The Hirer will provide up to 2 (two) vehicle parking spaces (if required) in proximity to the performance area and deliver to OZPIX the necessary “car pass” (if applicable) 7 (seven) days prior to the Appearance.

• In/Out Access - Loading Dock: The Hirer will provide utilisation of venue loading dock if available.

• Dressing Rooms - Humphrey needs a private dressing room. The Hirer shall provide secure (private) changing facilities within proximity to the appearance area and personnel to act as a security screen between the changing facility and the appearance area before and after the Appearance of Humphrey.
  Cold water to be made available in the room before & and after the appearance and if required, an escort for Humphrey.

• Catering: The Hirer will provide water bottles and optional meals for a touring party.

• Building Security: The Hirer will ensure that the back-of-house areas are secure.

• Venue Operation & Management:

  • Where applicable, the Hirer shall provide Standard operating procedure for handing over the house.

  • Indoor venues: Auditorium doors will be closed during the show.

• Labour Requirements: When applicable, the Hirer will provide 1 Technician familiar with the Hire/venue/event’s lighting and audio systems. They will be needed when we arrive and during the show.

• Lighting Requirements: When applicable, the Hirer will provide the following:

  • Simple lighting requirements, use of in-house lighting system.

  • Request for pre-focused warm general stage wash.

  • Illumination of house lights during the show for audience interaction.

• Audio Requirements: When applicable, the production requires the use of a good quality stereo audio system from the venue offering full undistorted sound coverage of the auditorium/audience area with full frequency response of 20 Hz – 20 KHz. Entire audio system is to be set up and in good working order prior to the arrival of the Humphrey Production Team.

The venue should have an audio mixing desk with enough capacity for the below in/outs.

When Headset mics are used on the show, both FOH and Monitor speakers should have a Graphic EQ across each send. The system should be tuned well, as our performers will sometime enter the audience area.

Microphones/Inputs: 

• (Put on Your Dancing Shoes with Humphrey)

2 x wireless headset mics (RØDE, Sennheiser, Shure) Fresh batteries to be used for Performances. 

Stereo input for Laptop.

• (Sing & Dance with Humphrey)

1 x Vocal Microphone (Shure Beta58a, Sennheiser 935 or similar) on tall boom stand. (Can be wired or wireless.)

1 x DI for acoustic guitar (if applicable).

Stage Monitor: 2 x stage monitors on one send. Speaker to be placed on front Left and Right of stage, our team will help you with final placement when they arrive.

NOTE: If you do not have access to any of the above equipment, please let our Production Manager know and we will be able to recommend a local AV hire company or we can provide components or a full turnkey solution at an extra cost.

• Effects: No effects are used in the performance unless agreed upon in advance.

• Staging/Scenery Space and/or Vision Requirements: The Hirer will provide the following:

  • A minimum performance area of 6m wide and 4m deep to accommodate either 

  • A Pop-up or Inflatable backdrop (2.5m high); or (if applicable)

  • the use of LED Screens or Projector at the cost of the Hirer so we can use a Digital Backdrop option.

• Audience – Balloons (INDOOR VENUES ONLY): Balloons are sometimes used interactively with the audience.

• Visitors: The Hirer will ensure no unauthorised visitors are permitted backstage.

• Pre-Show Announcement: On our request and per mutual agreement, the Hirer will provide an announcement of the show in the auditorium.

• Front of House Staff: The Hirer confirms that there are procedures for FOH staff to ensure safety and enjoyment.
  Pram/Strollers: The Hirer will provide a preferred corral position for prams/strollers.

• Lost Children: The Hirer will provide a designated Front of House (FOH) position for lost children.

 

MEDIA
 

PHOTOGRAPHY & VIDEOGRAPHY PERMISSIONS 

• The Hirer has appropriate guidelines and permissions in place for the usage of still cameras and video recording devices.

• The Hirer has appropriate restrictions on unauthorised professional filming/recording.

• The Hirer has the right to allow for the photographing and/or videoing of the booking.

• The Hirer grants Humphrey B. Bear Entertainment and OZPIX Entertainment to take photos at the event which they can elect to be reused in their social media content and promotional material.

• The Hirer grants Humphrey B. Bear Entertainment and OZPIX Entertainment the right to share any images, media of the booking and/or event.

 

ENDORSEMENTS: The Hirer acknowledges that, apart from any publicity authorised by OZPIX for the purpose of advertising the Appearance, the Hirer has no right to use the image of Humphrey or the agent for an endorsement for any product, service or business or businesses of the Hirer or any other person.

 

PROMOTING & ADVERTISING THE BOOKING: All publicity bearing Humphrey’s name or image must be approved by OZPIX in writing. OZPIX will provide approved artwork, logos, etc., on request. The use of this material is free for newspaper, billboards, posters, web, which bears Humphrey’s name or image must be approved by OZPIX in writing. OZPIX will provide approved artworks and logos etc on request. The use of this material is free for newspaper, billboards, posters, web and social media advertising to promote the Appearance. All artwork supplied may be reduced to suit.

 

Any variation to the approved images provided is required to be submitted to OZPIX for approval in writing.

Please send us a proof of any and all intended artwork to be used to info@ozpixent.com for our written approval.

Humphrey must always be referred to as “Humphrey B. Bear” or written 

 

FINANCIALS - PAYMENTS, EXPENSES, CANCELLATIONS 

 

PAYMENT TERMS:

• Deposit of 50% is due within 7 Days of the Signature Date.

• Unless otherwise agreed, the balance is due one calendar week prior to the appearance date. If the balance is not received by the Due Date, the deposit will be forfeited, and the Appearance cancelled.

• Please note: If Booking Date is less than 14 days from the Appearance Date, full payment is required.

 

MERCHANDISE: Merchandise, when available, via pre-arrangement, can be provided to the Hirer via the following means:

• Via the venue where venue staff manage the merchandise sales process. A commission for items sold at the booking goes to the venue or its nominee. This is subject to the availability of stock.

• Via a pop-up with a QR code to direct them via the Official Humphrey website with a special event coupon to buy the merchandise via online shop.

 

CANCELLATION POLICY: If the Hirer cancels any confirmed booking, they must notify OZPIX with as much notice as possible. The 50% deposit is non-refundable, (unless cancellation is due to COVID-19). Cancellation by the Hirer within 7 days of the event date will attract the full agreed fee.

 

IN CASE OF CONTRACT BREACH: If at any time after the signing of this Agreement, OZPIX is of the opinion that the Hirer shall be in breach of any term of this Agreement, OZPIX shall be entitled forthwith to terminate this Agreement and any money received will be forfeited and the Appearance cancelled, unless otherwise negotiated.
 

NON-ATTENDANCE: In the event that Humphrey does not attend an appearance OZPIX’s obligation is limited to making Humphrey available for an appearance at a later date to be agreed upon.

 

ADMISSION FEE: The Hirer acknowledges that no admittance or any other fee shall be charged to members of the public to see Humphrey without OZPIX’s written permission.

TRAVEL & INCIDENTAL EXPENSES: The Hirer, upon mutual agreement with the OZPIX Entertainment, will pay for travel and incidental costs where the Touring party is required to travel beyond a standard distance, i.e. more than 50 km. This includes costs such as airfares, accommodation, transport, meals and any other reasonable expenses.

 

POST THE EVENT 

​

AFTER THE EVENT: We love to know what you thought about your experience working with us and the effect of having Humphrey at your event, so we will ask you for feedback and a testimonial.