FIRESPARK ARTIST DEVELOPMENT PROGRAM TERMS & CONDITIONS

DEFINITIONS: 

Company: Fire Entertainment Pty Ltd

Program: Firespark Artist Development Program

Participant: Individual who participates in the Program. For Participants under the age of 16, some Participant’s obligations may include their Parental Guardian.

Premises: Location where the Workshop/Seminar instances for the Program take place.

Dates: Dates when the Workshop/Seminar instances for the Program take place.

Workshops or Seminars: One-day-long (7 hour) group training sessions per month.

Achievements: Goals and homework sent to the Participant after each Workshop that they will need to achieve.

Tier System: A level mode used by the Program based on the level of Skills the Participant possesses.

Tier: Each individual Tier or Level used in the Tier System in the Program. Tier 1 to 5 will depend on the level of Skills of each Participant.

Skill: Knowledge, understanding and ability to execute a particular, or a number of task and concepts.

 By Participating in the Program, you agree to the following Terms and Conditions:

1. The Program is an Invitation-Only instance with limited spots. Individuals who wish to participate in the Program must Audition (here).
2. The Program only allows for a limited number of participants per year. This number is defined by the Program Directors and Organisers.
3. One spot per person.
4. Registrations are essential to secure your spot in the Program. You will receive a confirmation email confirming your place in the Program and the allocated Premises, Dates and Times for the Workshops. Limited spots available, no ‘walk ins’ will be admitted.
5. Participants must be between 12 and 35 years of age as of 1st July of the Current Year. Exceptions to the age limit will only be approved by the Director of the Program under special request.
6. Entrants aged under 18 years must obtain the consent of their parent or legal guardian to enter the program.
7. If requested by the Organisers (in their sole discretion), Participants must sign an indemnity and exclusion of liability form in order to participate in the Program.
8. Entrants must be able to participate in the allocated dates of the program
9. The Program is a supportive and encouraging environment. Participants are expected to have an appropriate conduct during the Program; all Participants are expected to behave respectfully towards the premises, organisers and other participants. Behaviour that does not reflect this may result in the expulsion of the Workshop or, eventually, the Program.
10. There will be a zero tolerance policy for any form of bullying, discrimination and harassment.
11. Alcohol, drugs and smoking are strictly prohibited on the premises.
12. Participating in the program will provide valuable knowledge, training and networking opportunities yet the Company does not guarantee further personal success in the individuals career or further commitment to the participant in a professional level, offering a deal.
13. The Program will provide the Participant with: the content, empirical training opportunities, assessment, the space for the seminars to take place, the professional mentors to provide the content, and any relevant material the Program sees fit to provide for the training throughout the year.
14. The content of the Program is confidential to the participant and the Participant only. The Participant may not record or disclose content information with other potential competitive institutions or individuals.
15. The Program will not provide the Participant with: personal note taking material, transportation and accommodation costs to and from the workshop premises, food, allowances, additional services outside the workshops.
16. The Program may offer additional services outside the workshop for the Participant at an additional cost. It is under the sole discretion of the Participant if they wish to take advantage and use those additional services. If the Participant chooses not to use the additional services offered, that shall not interfere with the Participant’s involvement in the Program.
17. The Cost for the Basic Program is of $2,995 Australian Dollars plus GST per year of Program. The year of program includes 11 one-day workshops and a final year half-day event.
18. The Program is non-refundable.
19. Upfront payment is required to secure your place in the Program.  
20. A payment plan may be offered to Participants on requestand will be granted to the client under the sole discretion of Fire Entertainment. Payment Plans do not represent a reduction or division of the cost for the Program and Participants who request such Payment Plan commit to participate and pay the Program in full.
21. Other reduced or extended version of the Program may be offered by the company at times which may include or exclude services. For those alternative versions of the Program, prices may vary and will be visible on the Programs main webpage https://www.firemusic.com.au/firespark . It is the responsibility of the client to be certain which program and service they are subscribing to. 
22. Prices for other related products and services advertised by FIRE Entertainment are determined at the time of order and, prior to payment,are subject to change without notice. Quotes for goods and services provided to clients via a written proposal will be valid for a period of 30 days from the date the quote was issued. All quoted rates may change for future services. Our rates may be adjusted to take into account changes in costs and relevant market conditions. If a change in the prices, during a negotiation or after a quote was issued, were required due to forces outside the Company’s control, FIRE Entertainment will inform the Client before proceeding.
23. Payments: Our bills are payable in full within 14 days after the date of issue and will include amounts payable by you in respect of service fees, cost of goods, retainers, any agreed additional hours in which services were provided and agreed amounts payable for disbursements and out of pocket expenses, percentages of profit shares, and all other accruing amounts as specified prior to the engagement of services. 
24. FIRE Entertainment may refrain from delivering goods or services to the Client if any of the following circumstances ocurr:  bills are not paid as agreed, or the client does not meet the requirements to pay money on account of costs and disbursements, or if the client fails to provide any of the necesary information required to provide the services as described in the Services Agreement provided to the client. 
25. Overdue accounts and unpaid bills: We reserve the right to charge interest on amounts overdue by 30 days or more at the rate of 9% per annum. If bills remain unpaid after 90 days, we reserve the right to pass on the Client’s bill to our Debt Collecting service of choice. All additional professional fees, late payment fees, administration fees and other fees added to the bill by the Debt Collecting services, will be charged to the Client.  FIRE Entertainment will not be responsible for any repercussions these debt collecting services may cause to the Client’s credit and financial reputation.
26. In case of cancellations due to the Companies fault, the particular workshop or workshops cancelled will be made at another date you may receive a ‘workshop credit’ and attend a future workshop. This Workshop Credit is valid from 12 months from the original booked.
27. Workshops will take place once a month in the allocated premises at the allocated dates and times set by the Company. These dates may be subject to change under the discretion of the Company. In such case we will advise with a 30 days notice if the date changes & 14 days notice if the location or time changes.
28. Should a Workshop be cancelled or postponed due to unforeseen circumstances or reasons beyond the control of the Company, the Company may at its discretion vary or amend any Workshop date so as to provide a reasonable alternative and the Participants agree that no liability shall attach to the Company, Program or parties connected to the Program as a result. If a Workshop date is cancelled, we will credit that Workshop to another Make-good date and advise of the time, place and date of the Make-good workshop with 30 days notice.
29. It is the sole responsibility of the Participant to ensure their presence in the Workshops. Failure to attend a workshop instance will result in the Participant missing out on the content of that particular workshop. The Participant will Not be granted a “make-good credit” to take part in a future workshop (unless an exception is granted by the Program’s Director). No further action will be taken towards the Participant for not attending a workshop instance.
30. Costs associated with attending the Program and Program related events remain an Participant’s sole responsibility.
31. The Program is Tier-System based. Each Participant will be assessed on their skills and place on a particular Tier to be provided with adequate training and content.
32. At the end of each year, the Participants get assessed to ascend to a next level of Tier.
33. Tiering Criteria:
    1. Each Participant will be assessed on various skills before being placed in an appropriate Tier under the discretion of the Program Directors. Each assessment will be catered for the Participant’s genre, style and art form
       1. Singing and/or performance ability of the Participant
       2. Musical ability of the Participant
       3. Skills and experience of the Participant
34. This is a judgement of skill; chance plays no part in determining the Participant’s tiering. Each Participant will be individually judged (by representatives of the Program) based on the Judging Criteria.
35. The Tiering judges’ decisions are final.
36. The involvement and participation of the Participant in a year of Program does not guarantee that the Participant will ascend in their level or Tier in the program – The Tiering System is based exclusively on the Level of Skills the Participant possesses and it’s under the exclusive discretion of the assessors and the work put into by the artist.
37. We will announce to the best of our abilities who the Mentors will be for the Workshops, yet the Program cannot guarantee the Mentors presence as a contractor and allocates for the possibility of last minute cancellation do to force mejeure. In such case the Program will strive to find a suitable replacement for such mentor.
38. Participants are responsible for advising the Program organisers about any medical, mental or physical condition before the Program begins.
39. During the Program, at any time, the Participant may be offered a further opportunity or deal by the Company. It is under the sole discretion of the Participant if they wish to take the offer from the Company. The decision made by the Participant will not affect their participation in the Program.
40. Copyright 
    1. In respect of the program and Workshops, the Participants Irrevocably agree and consent that the Company may (and may authorise others to) photograph, video, film and/or record the Participants and edit, adapt, alter, omit and otherwise use the resulting materials (the “Materials”), each entrants name, likeness, image, actions, voice and/or biographical material (which includes, without limitation, any “personal information” as defined in the Privacy Act 1988 (Cth)), in any and all media now known or hereafter devised, worldwide, in or in connection with the production, broadcast, marketing, promotion, publicity and exploitation of the Promotion, in perpetuity without restriction. The Company will own all rights, title and interest (including any copyright (other than the copyright in the musical works embodied in the Material) in any Materials and the results and proceeds of the Materials in perpetuity. 
    2. In respect of the Auditions to enter the Program, by entering the Program, the Participants grants the Company the copyright in the Audition Video and the right to use the audition videos throughout the world in perpetuity in accordance with the Terms and Conditions attached hereto (including any copyright (other than the copyright in the musical works embodied in the Material)) in any Materials and the results and proceeds of the Materials in perpetuity.
41. All entries and materials submitted to the Company in connection with this Program (in any form, including without limitation in hard copy or electronic form), become the property of the Company and each Participant warrants that it has the right to transfer these things to the Company.

    1. Acknowledge that the Company has all copyright and associated rights in the Auditions and/or the Materials from the Workshops (as applicable) other than the musical works embodied in the Auditions or Materials form the Workshops;

    2. consent to the Company using their entries or materials in any manner it sees fit, including making copies of or publishing the whole or any part of their participation and otherwise exploiting the participation and any rights in relation to the participation, to publicise this Program or for any other purposes;

    3.  undertake to the Participants that their participation is not, and its use by the Company will not be, in breach of any third party intellectual property rights;

    4. expressly consent pursuant to the moral rights provisions of the Copyright Act 1968 (Cth) to the Company having unfettered right to treat the participant’s participation in any manner at its sole discretion.

    5.  will, at the Company’s reasonable request and at the Company’s cost, at all times do all things (including signing all documentation) necessary to give full effect to the requirements of this clause.

42. Each Participant acknowledges that it is generally a condition of participation that they have not previously entered into any commercial, contractual, sponsorship or other agreement or arrangement with any person, firm or company in respect of the Participant musical and/or performing abilities or the products thereof or in respect of the Participant’s name likeness, image or biography. However, should the Participant have entered into such an arrangement, the Participant will immediately notify the Company as soon as is reasonably practicable
43. The Company, Program, the Sponsor and their associated agencies and companies will not be liable for any direct or indirect loss (including, without limitation, special or consequential loss or loss of profits), expense, damage, personal injury or death which is suffered or sustained (whether or not arising from any person’s negligence) in connection with this promotion or accepting or using any prize, except for any liability which cannot be excluded by law (in which case that liability is limited to the minimum allowable by law). Applicable manufacturers and/or distributors should be contacted in regards to all prize warranty claims.
44. The Company collects and stores Personal Information about an Participants on its databases to include the Participant in any promotion, provide information, offers, news, and, where appropriate, award prizes. The Company may disclose Participant’s personal information to its Australian related companies, promotional partners, contractors and agents to assist in conducting this Program or communicating with Participants. A Participant also agrees that the Company may publish or cause to be published the Participant’s name and locality in any media. An Participant can gain access to, update or correct any Personal Information held by the Company by contacting the Company’s Privacy Officer’s at the Company’s addresses as stated in the Schedule. All Personal Information will be stored at the office of the Company or by its data storage providers. A copy of the Company’s Privacy Policy in relation to the treatment of Personal Information collected may be accessed on the Company’s website at www.firemusic.com.au/privacy-policy.
45. Observers: Participants under the age of 14 are allowed to bring along an Observer to take notes and assist on relaying terms to the young Participants. Each participant is only allowed One (1) Observer. The Observer’s details must be submitted and approved by the Programs Organisers at least 7 days prior to the workshops taking place.Observers will be allowed to be present in the sessions as support for their child but they will not be allowed to actively participate.

Observers MUST be the Participant’s parents or legal guardians only. No siblings, friends, or other external person under the age of 35 will be allowed as an observer.

Observers will be required to follow the same rules of conducts as the Participants.

Other active Program Participants over the age of 14 may act as an observer for a younger Participant.