Terms of Trade

1. Please read these carefully before confirming a booking, as by confirming a booking with Us, You agree to our Terms of Trade.

Background

2. New Zealand Playhouse tours New Zealand and Australia, visiting schools with Shows that last approximately 50 minutes in length. You are probably reading this if You are a teacher booking a Show with Us. That’s awesome, and let’s quickly cover some things to make sure we’re both on the same page from the start.

Definitions

3. “We”, “Us”, “Our”  and so on means New Zealand Playhouse Limited.

4. “You” means the school purchasing a Show from Us, as confirmed in the booking confirmation and Our invoice to You.

5. “Show” means one performance booked by You.

Quotation

6. You may request a quote for a Show by email or in writing or by discussing with Us.  We will give You an indication of dates and prices.

Confirmation

7. When We receive confirmation of the date and price from You and We confirm the booking by email or in writing there is an agreement between the parties that is subject to these terms of trade, including Our cancellation policy and charges.  The deposit as set out in the booking confirmation (if requested by Us) is then due to be paid within seven (7) days of the booking confirmation.  Please note that until the booking is confirmed as set out in this clause, the booking is not agreed and the Show on that date can be booked by another school.

8. By booking with Us You are confirming that You have the required authority to book a Show and to bind Your school to these terms of trade.  The terms of trade represent a binding agreement between You and Us and shall not be avoided due to any staff member leaving a school or any other problems caused by double booking or forgetting the booking or for any other reason within the control of the relevant school or staff member.  If the staff member that made the booking leaves the school they will give us the details of the replacement staff member and make sure the full booking details are passed on to the replacement.  If the replacement is not known, the staff member should inform us so we can follow the school up at the earliest opportunity.

Changes made by Us

9. We reserve the right to change the time of the Show where necessary and on agreement with You. If We are forced to cancel a show for reasons within Our responsibility (company error, company staff sickness or vehicle malfunction) and rescheduling is not possible, then no fee will be payable by You and We will offer a $300 credit towards a show booked by You within the next twelve month period.

Changes made by You and Cancellation policy

10. Once there is a booking for a Show, a cancellation fee is payable if You cancel a booking. If You cancel within one month of the agreed Show a cancellation fee of $300 plus GST per Show is payable (“Cancellation Fee’).

11a. If You cancel between one month and two months before the agreed Show, a Cancellation Fee per Show of $150 plus GST is payable.

11b. If You cancel more than two months before the agreed Show, no Cancellation Fee is payable.

Price

12. The agreed price will be confirmed at the time of the booking. Pricing FAQ can be found at http://nzplayhouse.co.nz/resources/faq/

13. You are welcome to invite students from other schools along, but please be aware that, unless otherwise agreed, You will be charged for the number of students attending, whether from Your school or another school.  We can sometimes invoice other schools if the total number of pupils that attend is greater than one hundred and fifty (150) but only if specifically agreed with that other school.

Deposits

14. The deposit payable (if any) will be confirmed at the time of the booking and is payable within seven (7) days of the date that the booking is confirmed.  In the unlikely event the Show is cancelled by Us and the Show cannot be rescheduled We will refund the deposit immediately.

Invoicing, Payment and Debt Collection

15. You will accurately collect student attendance numbers at the show and fill in a brief feedback form online at nzplayhouse.co.nz/response. This must be completed within the two weeks following the Show. If We have not received the form within this two week period  We may charge Your school based on Our actors’ estimate of attendees. Full payment must be made from You to Us by the 20th of the month following the invoice date.

16. If We have not received payment by the due date, We reserve the right to pass Your debt to a professional debt collection agency and You will be responsible for debt collection fees, Our reasonable administration fee for chasing payment, as well as any costs of and incidental to the enforcement of Our rights and remedies and powers under these terms of trade.

Setup

17. We schedule to turn up at your school 30-60 minutes before the Show.  Please ensure that your receptionist is aware that we are coming so they can point us to the performance area immediately, and please ensure that 60 minutes before the Show you:

  • Have the room available (and empty) for us to set up and run sound checks.  Have the room empty for 30 minutes after the show too for us to pack up as our schedule is tight;
  • Have the performance area (at least 6 metres wide by 4 metres deep) clear of any other items;
  • We require one standard New Zealand/Australian working power socket.  Please make sure that there is one within 20 metres of the stage; and
  • Save a space for our actors to park in beside the performance area.

If these requirements are not met, we will do our best to accommodate but cannot guarantee the Show will start on time, run at all, or run to its full length.

Photography

18. You may take photographs and short, handheld, tablet-style video clips during the Show, and use them in your school. 

Continuous video of Our Show is not permitted. If you want to take a continuous video of Our Show, for curriculum study or drama techniques, for example, you need to obtain Our permission first.

We also ask that You provide us with the link to any image or video posted of Playhouse staff or Our Shows. Please note, that any posts, images, videos or referrals to Playhouse by  Your School, may be shared by Playhouse website or social media.

Standard of Performance

19. We shall provide a professional, fun, interactive and educational live theatre experience to You.  If You are in any way not satisfied with the standard of the Show please contact Us so We are aware of any issues and so that We can agree appropriate compensation.

Confidentiality and Intellectual Property

20. All information relating to the Show is to be regarded and treated as Our property.  You will maintain and preserve full confidentiality of all information relating to the Show and will take all necessary steps to prevent its disclosure the third parties.  We shall retain all intellectual property rights used or created in connection with the Show.  Nothing in this agreement shall be construed as giving You any right to use or reproduce the Show or any intellectual property rights in relation to the Show.

Governing Law

21. This agreement is made in accordance with the law of New Zealand and will be interpreted in accordance with the law of New Zealand.  The parties submit to the non-exclusive jurisdiction of the New Zealand Courts.

Entire Agreement

22. This agreement constitutes the entire agreement between the parties in relation to the Show and supercedes any prior agreement between the parties in this regard whether written or oral.  The parties agree that any terms and conditions that are not stipulated in these Terms of Trade, including those that may appear on any of Your order forms or other documentation which may be presented to Us from time to time, have no validity whatsoever for the purposes of these Terms of Trade and this agreement.

Liability

23. You acknowledge that the Show is a live interactive performance and that We shall in no way be liable for any damage to property or injury or death to any persons caused or in any way contributed by the performance of the Show at Your school.  You agree to indemnify Us from and against any and all loss, damage or liability suffered by You or any third party resulting from any damage to property or injury or death or any infringement of Our intellectual property rights or confidentiality.  Neither party limits or excludes its liability in respect of any statutory or other liability which cannot be excluded under applicable law.

Force Majeure

24. Both parties will be released from their respective obligations under these terms of trade in the event of national emergency, war, earthquake, flood, prohibitive government regulation, or if any event beyond the reasonable control of the parties or either of them renders the performance of the Show impossible.  Schools being shut due to any strike action by the school staff will not be considered a force majeure event.

Teaching resources

25. Supplementary classroom resources will be available for download at the Resources page – please feel free to inform Your staff about these.

These terms were last updated in October 2016. Please contact us if you require previous wordings.