Gig Factory Terms and Conditions
Effective Date: September 2025
The Gig Factory Pty Ltd (ACN 099 850 736)
PO Box 783, Rochedale South QLD 4123
Summary
The Gig Factory (TGF) is a booking and introduction agency that connects venues and event organisers (Hirers) with performers (Artists). TGF is not a party to any agreement between these parties and operates under the Queensland Private Employments Agent Act.
Artists are independent contractors and are responsible for their own tax and legal obligations. Venues (Hirers) may have obligations under superannuation law, including for sole traders.
All repeat bookings and referrals resulting from TGF-arranged events must be directed through TGF. Cancellations, fees, and communication requirements are outlined in the terms below.
This summary is provided for convenience only. Please refer to the full Terms and Conditions below for the legally binding details of our services.
1. DEFINITIONS
In this Agreement:
– TGF means The Gig Factory, its owners, directors, employees, and agents.
– Booking Confirmation means Booking Agreements issued by TGF confirming the engagement of a Performer by a Hirer.
– Performer means the person, group, or band engaged to perform, including all members where more than one.
– Hirer means the individual, venue, company, or organisation engaging the Performer as identified in the Booking Confirmation.
– Performance means the event(s) or engagement(s) as specified in the Booking Confirmation.
– Parties means the Hirer and the Performer, who are the parties to the performance contract.
Words referring to the singular include the plural, and vice versa. Words referring to any gender include all genders.
2. ROLE OF THE GIG FACTORY
TGF acts solely as a booking and introduction agency. TGF is not a party to the agreement between the Hirer and the Performer and assumes no contractual liability for performance outcomes, payment disputes, or compliance with obligations.
TGF does not employ Performers and does not legally represent either party. The Performer is engaged directly by the Hirer as an independent contractor as detailed in the TGF Booking Confirmation.
The Hirer acknowledges that the Performer has instructed TGF to confirm the booking on their behalf.
3. TAXATION, SUPERANNUATION & LEGAL RESPONSIBILITY
The Gig Factory is not a party to the Booking Confirmation and as such it cannot accept any liability for obligations arising under the agreement, including but not limited to PAYG withholding, Superannuation Guarantee (SG) compliance, Payroll tax, GST, Public Liability Insurance, Workers’ Compensation Insurance for either the Hirer or the Performer.
Under Section 12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth), an Artist who is a sole trader may still be deemed an “employee” for SG purposes, even if invoicing as a contractor. The Venue (Hirers) may be required to pay the current Superannuation Guarantee Contribution (currently 12%) and Lodge SGC statements where applicable. Venues should get advice from a registered tax agent.
The Performer is responsible for Managing their own tax and legal obligations, Holding their own ABN, GST registration (if applicable), and insurances, Complying with WHS and performance laws.
4. PERFORMANCE TERMS
The Hirer engages the Performer to appear and perform at the Performance as specified in the Booking Confirmation and in accordance with reasonable expectations and prior communications.
The Hirer agrees to pay the Performer’s fee and any applicable deposits in the amounts and by the method specified in the Booking Confirmation.
The Hirer agrees to provide Adequate and safe dressing room facilities upon prior request, Proper security and safety for Performer and equipment, Safe power supply and stage/performance area, Reasonable access for equipment setup and pack-down, Licences and permits required under law.
Any equipment (including PA, lighting, amps, or instruments) provided by either party must be of professional quality and in good working order.
No audio or video recording may be made of the performance without prior written consent from the Performer.
5. BOOKINGS & CANCELLATIONS
The Hirer and Performer agree that all repeat bookings or related referrals must be directed through TGF. This includes Bookings taken directly at the venue (repeat or otherwise), Private functions (e.g. weddings) resulting from a TGF-arranged event, Other gigs referred by attendees or contacts originating from the TGF engagement.
The Hirer may cancel by written notice to TGF at least 28 days before the Performance. The Hirer will forfeit their deposit including the TGF Booking Fee. Cancellations after this period will require full payment of the Performer’s and TGF’s fees.
The Performer may cancel by written notice to TGF and the Hirer at least 28 days prior in which case the deposit is refunded to the Hirer. Cancellations due to illness, emergency, or other reasonable reason may be made without penalty at any time, but must be communicated promptly.
If a Performer cancels within the 28-day period without valid reason, they agree to compensate TGF for the full Booking Fee.
6. TERMINATION OF PERFORMER AGREEMENT WITH TGF
The Performer may terminate their agreement with TGF by written notice. However a 13-month non-solicitation period applies from a) the later of the date TGF receives the termination notice and b) the date of the last performance arranged by TGF.
If the Performer accepts a repeat or referral booking from a TGF client during the non-solicitation period, the Performer must notify and pay TGF the full booking fee.
TGF must be notified in advance of any lineup changes, permanent or temporary, before any performance.
7. LIABILITY & INDEMNITY
TGF is not liable for Performance quality or outcomes, Cancellation or non-performance by either party, Financial loss, personal injury, or property damage.
The Hirer and Performer each agree to indemnify TGF against any claim, liability, loss, or cost arising from Their own acts or omissions, Breach of law, contract, or third-party rights, Disputes between the Performer and Hirer.
8. MISCELLANEOUS
This Agreement is governed by the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of its courts.
Any person signing for or on behalf of the Hirer warrants that they have authority to do so and accepts personal responsibility for compliance.
Failure to return a signed Booking Confirmation does not constitute rejection of these Terms. Proceeding with the booking constitutes full acceptance.
These Terms may be updated by TGF from time to time. Continued use of our services constitutes acceptance of the current Terms.
9. CONFIDENTIALITY
All commercial booking details, agreements, financial arrangements, and communication between the Parties and TGF shall remain confidential and not be disclosed to any third party without prior written consent, except where required by law or where the information is publicly available.
TGF retains personal and business information in accordance with the Privacy Act 1988 (Cth). Information is used solely for the purposes of providing agency services. TGF does not sell or disclose personal information to third parties without consent.
10. SERVICE LIMITATION AND WARRANTY
TGF makes no warranty that its services, including any digital tools, communications, or website access, will be uninterrupted or error-free. TGF shall not be held liable for any interruptions or delays in service provision.
TGF undertakes to provide booking facilitation services with reasonable care and skill but does not guarantee performance outcomes, audience numbers, or commercial results.
11. DISPUTE RESOLUTION
Parties agree to attempt to resolve any dispute arising from or in connection with a booking in good faith via direct negotiation.
If the dispute is not resolved within 14 days, either party may refer the matter to the Queensland Civil and Administrative Tribunal (QCAT) or a recognised mediation service in Queensland.
12. PAYMENT DEFAULT AND INTEREST
All TGF invoices are due within 7 days unless otherwise specified. Failure to pay within agreed terms may result in Suspension of services; and/or
Interest at a rate of 10% per month (compounded monthly) on overdue amounts.
These terms may be updated at any time.