Inside Play Talent Registration Terms and Condition
1. Definitions and interpretation
Application means the Service registration technology offered by Inside Play.
Client means any party that makes a booking for the Talent Services via the Inside Play technology platform.
Services means services the Talent delivers to Inside Play’s Client.
Talent means any person who is available to Inside Play (via Representing Agent or direct) to perform services.
- 1.2.1. Any reference to 'Inside Play’ means Inside Play Pty Ltd ACN 615 221 540 or its related entities which supply the Service from time to time.
- 1.2.2. Any reference to ‘Talent’ refers to you.
- 1.2.3. Any reference to the ‘Representing Agent’ means the authorised representative/manager for the Talent.
- 1.2.4. Subsidiaries, controlled entities and representatives
- 1.2.5. The relationship created between the Client and the Talent via the Inside Play technology platform or application remains the property and subject to the intellectual property protections of this agreement
2. Talent and Inside Play obligations
2.1. The Talent;
- 2.1.1. undertakes that he/she will deliver the Services as booked by Inside Play (direct or via Representing Agent);
- 2.1.2. acknowledges that, upon his/her entering into this Agreement, Inside Play and the Client to use his/her name, unique content, photograph, likeness or identity for the purposes of promoting and marketing the Talent's availability on the upcoming event; and
- 2.1.3. provides Inside Play with an invoice of services rendered including payment details.
2.2. Inside Play hereby undertakes to:
- 2.2.1. allow the Talent to use the Application for the purposes of complying with his/her obligations under this Agreement;
- 2.2.2. pay the Talent or Representing Agent in accordance with clause 4
- 2.2.3. comply with all applicable laws, regulations, standards and procedures in performing its obligations under this License Agreement.
3. Security and access
3.1. The Talent is responsible for the security of the username and password login details
3.2. Inside Play is responsible in taking all reasonable steps to ensure the Talents data is secure and not unwillingly accessible to any 3rd party.
4. Invoicing and Payments
4.1. The Talent will be entitled to a fee for providing the service.
4.2. Invoicing and payment of the Talent fee under this Agreement shall be performed by Inside Play. All amounts invoiced and paid will include GST, unless otherwise specified.
4.3. Payment to Talent or Representing Agent will be made 30 days from date of invoice.
4.4. Inside Play shall have no liability to pay the Talent Fee if the Talent fails to perform his/her obligations under this Agreement.
4.5. The Talent or Representing Agent will provide Inside Play an invoice for Services rendered.
5. Confidentiality, Intellectual Property Rights and Restraints
5.1. Confidential information
5.1.1. The Talent and Representing Agent must:
- a) not, except as required in the performance of the Services in accordance with
this Agreement or as specifically authorised by the principal in writing
- i. make public or disclose to any person any Confidential Information through any means, including without limitation via information technology; or
- ii. use, or allow or assist others to use, Confidential Information
- b) do everything reasonably necessary to maintain the confidentiality of Confidential Information; and
- c) notify Inside Play immediately of any suspected or actual unauthorised use, copying or disclosure of Confidential Information
5.1.2. If any law requires the Talent and Representing Agent to disclose any Confidential Information, the Talent or Representing Agent must:
- a) to the extent permitted by that law, immediately notify Inside Play of the particulars of the required disclosure; and
- b) provide Inside Play with all assistance reasonably necessary to enable Inside Play to take any steps available to it to prevent or limit the disclosure or to ensure that it occurs subject to an obligation of confidence.
5.1.3. If this Agreement terminates, or at any time at the request of Inside Play, the or Representing Agent must immediately:
- a) return all Confidential Information which may be stored or recorded in documents, publications or other physical objects (including any copies) in the Talent’s possession or control;
- b) destroy all Confidential Information in the Talent’s or Representing Agents possession or control; and/or
- c) in the case of machine readable records, delete all Confidential Information.
5.2. Intellectual Property Rights
- 5.2.1. The Talent and Representing Agent acknowledges that, in providing the Services, it is required to develop relationships with Inside Play’s clients and related parties including individual members and affiliated stakeholders such as sponsors, event managers and others, and it is intended that Inside Play will own all Intellectual Property Rights arising out of the engagement.
- 5.2.2. In consideration of the Fees, Talent and Representing Agent:
- 5.2.3. irrevocably assigns to Inside Play all such Intellectual Property Rights.
5.3. The Talent and Representing Agent acknowledges that:
- 5.3.1. the prohibitions and restrictions in this clause are reasonable in the circumstances and necessary to protect the goodwill of Inside Play;
- 5.3.2. damages are not an adequate remedy if the Talent breaches this clause; and
- 5.3.3. Inside Play may apply for injunctive relief if the Talent breaches or threatens to breach this clause.
- 5.4.1. During the engagement, and after the termination of the engagement (for whatever reason), the Talent and Representing Agent must not (without the Inside Play’s prior written consent) in any capacity, on its own account, or as a partner, agent, employee, shareholder or director of any other person, business or entity, either directly or indirectly:
- a) provide Services, except on the Inside Play’s behalf, to any business or Customer, if those services are the same or similar to the services the Talent provided as part of the engagement;
- b) solicit, canvass or entice away from Inside Play any Client with whom the Talent worked or had dealings during the engagement with Inside Play;
- c) encourage or otherwise assist any person to do any of the acts referred to in this clause.
6.1. Unless terminated earlier in accordance with this clause, this Agreement will be binding on the parties for so long as the Talent is registered with Inside Play.
6.2. The Talent may terminate this Agreement with immediate effect by written notice to Inside Play.
6.3. Termination of this Agreement for whatever reason shall not affect either the accrued rights and liabilities of the Parties arising from this Agreement as at the date of termination or the right to recover damages against the other.
6.4. Suspension of Services
- 6.4.1. Inside Play may, in its sole discretion, suspend the Talent's access to the Application at any time in the event that:
- a) Inside Play is obliged or advised to comply with an order, instruction, directive or request of a government authority, regulator, court or other competent authority which has the practical effect of preventing access to the Application;
- b) the Talent fails to comply with its obligations under this agreement; or
- c) The Talent or Representing Agent make a direct business transaction with Inside Play’s Client as stated in clause 5.4.
- 6.4.2. Where it deems it appropriate to do so, Inside Play will use reasonable endeavours to notify the Talent or Representing Agent in advance of any suspension of the Application affected under this Agreement.
7. Privacy Statement
7.1. Inside Play maintains the privacy of Talent. Inside Play does not collect personally identifiable information from Talent unless provided voluntarily. Any information collected is used solely for internal purposes. Inside Play will not share personally identifiable information with third parties unless the person who has submitted the information has authorised Inside Play to do so, or if we are required to by law.
7.3. The Talent information entered is kept behind the secured networks and is accessible to only a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. Other than this, all the sensitive data is being protected by using a number of security measures which are implemented when the Talent enters her/his details, submits or accesses information.
7.4. You acknowledge that Inside Play will take all reasonable steps to protect your privacy but cannot ensure the security or privacy of information you provide through the Application and your messages, and you release us from any and all liability in connection with the use of such information by other parties;
- 7.4.1. we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Application.