TERMS & CONDITIONS

Terms & Conditions

Last Updated: August 20, 2025


These Terms & Conditions apply to all services provided by MUSOMA, including but not limited to music performances, wellness events, movement sessions, workshops, and collaborative bookings — whether delivered by Jessica, musicians, facilitators, subcontractors, or collaborators engaged by MUSOMA.

By engaging MUSOMA, submitting a booking request, making payment, or attending a MUSOMA session or event, you agree to these Terms & Conditions.

1. Bookings & Confirmations

  • A binding contract is formed between you and MUSOMA once a deposit (Booking Fee) or full payment is received. This contract consists of:

    (1) the written Quote or Booking Confirmation; and

    (2) These Terms & Conditions (which prevail in the event of inconsistency).

  • Bookings are confirmed in writing via email, including agreed details such as event date, location, services, performers, duration, equipment, and inclusions.

  • MUSOMA reserves the right to decline, cancel, or suspend a booking if payment is not received within the agreed timeframe.

2. Payment Terms

  • Booking Fee / Deposit:
    A 50% non-refundable Booking Fee is required to secure the event date. The Booking Fee is applied toward the total fee.

  • Balance Payments:

    The balance is due no later than 14 days prior to the event date, unless otherwise agreed in writing.

  • Short Notice Bookings:

    • Bookings within 14 days require full payment upfront to confirm.

    • Bookings within 7 days may incur an additional short-notice fee to cover scheduling, preparation, and logistics.

  • Corporate & Institutional Clients:
    Approved organisations may access 7–30 day invoicing terms, agreed in writing prior to the event.

  • Suppliers & Agency Partners:

    Pre-agreed payment terms with event agencies or suppliers will be honoured per partner agreement.

  • Additions & Variations:

    Any additional time, changes to scope, or extra costs will be invoiced separately and payable within 7 days.

  • Performance & Holding Fees:

    • Performance fees are billed at the agreed standard rate for the time the performer is actively performing.

    • A holding fee applies for the full duration the performer is on-site, covering reserved time, setup, and exclusivity of the event date.

  • Currency & GST:
    All fees are quoted in AUD, exclusive of GST, unless otherwise stated. Any currency conversion or bank transfer fees are the responsibility of the client and payable at the time of payment.

  • Payment Methods:
    EFT/bank transfer, credit card (surcharge may apply), and PayPal are accepted.

  • Non-Payment:
    Failure to pay by the due date may result in cancellation or termination of services without refund.

3. Cancellations, Refunds & Termination

Client-Initiated Cancellations

  • More than 30 days prior: Booking fee retained (non-refundable).

  • 15-30 days prior: 70% of total fee payable.

  • 8-14 days prior: 80% of total fee payable.

  • 1-7 days prior: No refund.

    These fees are agreed as a genuine pre-estimate of loss, including preparation, exclusivity of date, rehearsal, subcontractor commitments, and opportunity cost.

Unforeseen Circumstances

  • Where cancellation is required due to serious illness, family emergency, natural disaster, or comparable events affecting the Client, MUSOMA will use reasonable endeavours to:

    • reschedule the booking (subject to availability), or

    • issue a credit valid for 12 months.

  • Where a Lead Violinist or musician becomes unavailable, due to exceptional circumstances, MUSOMA may provide a suitably qualified replacement or alternative solution.

  • Where MUSOMA is unable to deliver services, due to exceptional circumstances, MUSOMA will offer a full refund or option to reschedule, at the Client’s election.

Event Changes Due To External Restrictions

If an event date must change due to government directives, venue closures, or comparable external restrictions beyond the control of either party:

  • The Booking Fee may be transferred to a new date, subject to MUSOMA’s availability.

• Clients must confirm MUSOMA’s availability before confirming a new date.

• If no mutually suitable date can be found, either party may terminate the booking, with a refund of amounts paid less a reasonable administration fee of $300 ex GST.

Variations After Confirmation

Upon written acceptance of the quote and receipt of the booking fee and/or full payment, the booking constitutes a binding contract. Any subsequent changes to the agreed performance duration, hours of service, scope, or pricing require mutual written agreement.

Any reduction in performance time or services requested by the Client does not entitle the Client to a refund or partial refund. MUSOMA’s fees are based on holding the date exclusively and preparing for the full agreed service, regardless of whether the Client elects to utilise the full duration.

4. Public Liability & Risk Management

  • MUSOMA holds Public Liability Insurance for up to $30 million AUD.

  • Clients must provide a safe, legal, and suitable environment, including:

    • clear performance space,

    • access to power if required,

    • shelter and weather protection for outdoor events.

  • Wellness and movement sessions are undertaken at the participant’s own risk. Participants are advised to consult a healthcare professional if pregnant, injured, or managing a medical condition.

5. Event Conduct & Safety

  • MUSOMA reserves the right to pause, modify, or cease services if conditions are unsafe, unlawful, or pose risk to performers, facilitators, or equipment.

  • Decisions relating to weather, venue safety, or equipment protection are at MUSOMA’s reasonable discretion.

  • If services cannot proceed due to unsafe conditions provided by the client or venue, fees remain payable in full.

6. Travel, Equipment & Set-Up

  • Travel is included within a 15 km radius of the performer’s base, unless otherwise stated in the Quote.

  • Locations beyond this radius incur a travel fee, quoted at the time of booking and calculated based on distance, tolls, and logistics.

  • Regional travel is charged as a flat fee and may include return travel, tolls, vehicle costs, accommodation, or freight, as outlined in the Quote. Travel fees are non-refundable once confirmed.

  • MUSOMA supplies instruments, amplification, props, or wellness equipment as agreed in writing.

  • The Client must ensure adequate venue access, parking, and appropriate bump-in / bump-out time.

7. Access, Facilities & Breaks

During the Event, the Client must provide the Performer(s) with:

  • Reasonable access to the Event location, including bump-in and bump-out access;

  • Sufficient time for set-up and sound check as specified in the Quote;

  • One meal per Performer if on site for 4 or more consecutive hours; and

  • Reasonable rest breaks in accordance with industry standards, particularly for performances exceeding 90 minutes or involving continuous play.

Failure to provide the above may result in delays, modifications, or pauses to the performance, with fees remaining payable in full.

8. Changes & Rescheduling

  • Requests to vary event date, location, timing, or services must be made in writing.

  • MUSOMA may accept or decline variations at its discretion.

  • Accepted variations may result in a revised Quote and additional fees.

  • One reschedule per booking is permitted if requested more than 30 days prior, and must occur within 3 months, subject to availability.

9. Media, Content & Intellectual Property

  • MUSOMA may photograph, film, or otherwise record rehearsals, performances, events, wellness sessions, workshops, or other activities for marketing, promotional, and educational purposes across MUSOMA’s owned platforms (including websites, social media, and digital channels).

  • Footage and photographs may include MUSOMA performers, clients, collaborators, musicians, facilitators, partners, suppliers, and event attendees, unless an opt-out of identifiable media use by written notice is received prior to the event.

  • MUSOMA may also use official event promotional material (including posters, flyers, social media tiles, or digital ads) that mention MUSOMA or any affiliated sub-brands on MUSOMA’s owned channels, unless otherwise agreed in writing.

  • Social media sharing by MUSOMA will aim to provide accurate context and will not imply endorsements, partnerships, or affiliations without prior agreement.

  • Any footage, images, or content shared by clients, collaborators, or third parties that references MUSOMA must credit MUSOMA appropriately and must not be misleading, defamatory, or altered out of context.

  • Unless otherwise agreed in writing, all intellectual property in music, performances, recordings, soundscapes, movement sequences, arrangements, and other creative works created by MUSOMA or its subcontractors remains the property of MUSOMA.

10. Partnerships & Collaborations

  • Collaborative projects including, but not limited to, brand activations, workplace wellness programs, not-for-profit fundraisers, or co-hosted events may be governed by separate written agreements covering scope, roles, responsibilities, deliverables, timelines, fees, revenue, branding, and intellectual property (IP) ownership, in addition to these Terms & Conditions.

  • Unless otherwise agreed in writing, MUSOMA retains ownership of all original creative works created by MUSOMA or its subcontractors, including music, arrangements, soundscapes, recordings, and movement sequences.

  • Where MUSOMA performers, facilitators, or collaborators are unable to attend a scheduled live event, MUSOMA may contribute creative works (including rehearsal recordings or pre-recorded performances) and may share these in association with the event on MUSOMA’s owned channels, provided the context is accurately represented.

  • Where MUSOMA is unable to provide a specific Lead Violinist or musician named in the Quote, MUSOMA will notify the Client in advance and arrange a suitably qualified replacement of equivalent professional standing or an alternative solution.


11. Damage & Equipment

  • Clients are responsible for any loss or damage caused by attendees, vendors, or venue conditions.

  • This includes damage from liquids, interference, inadequate shelter, or unsafe surfaces.

  • Repair or replacement costs will be invoiced and payable within 7 days.

12. Liability Limitations

  • To the extent permitted by law, MUSOMA’s total liability is limited to the total fee paid for the specific service booked.

  • While we do our best to deliver exceptional service, we are not liable for indirect or consequential, or third-party losses.

  • Clients indemnify MUSOMA against claims arising from attendee conduct, unsafe venues, or breach of these Terms.


13. Governing Law

These Terms & Conditions are governed by the laws of New South Wales, Australia. Disputes will be resolved under the jurisdiction of NSW courts.

14. Contact Us

If you have questions about these terms or would like to request a copy of our public liability insurance:

Email: hello@musoma.com.au

Website:
www.musoma.com.au


Mailing Address:
MUSOMA
ABN 56 647 801 459
Parcel Locker 10192 23928
93 Grafton Street, Bondi Junction, NSW 2022, Australia.