These Terms & Conditions establish the guidelines for collaboration between Shopfront Arts Co-op Ltd (Shopfront) and the Presenting Partner.

Project Description

Playwave is an initiative created by Shopfront with the support of the City of Sydney, to engage new young audiences for the arts. A program for Young People aged 15 - 24, we aim to improve access to an existing offering of arts and culture across Sydney by removing barriers and creating new opportunities to connect with artists, stories and venues.

Produced and led by the Voice of Shopfront Youth Council and Shopfront Young Leader, Playwave recognises the existing habits of Young People and their desire to connect with each other to overcome issues that are important to them.

The program provides an exclusive online space for Young People to engage with the stories of our time in a way that feels familiar to them. Bringing the Arts into their screens, members will participate in the live and unrivalled experiences of our cultural sector by engaging with relevant content, which will in turn lead them to engage with the venues and cultural offerings in real life.

Objectives

By agreeing to the Terms & Conditions, the organisation hereby agrees to work with Shopfront to:

1. Provide affordable and equitable access for all Young People to arts and culture across the City of Sydney through the Playwave program.
2. Create opportunities for Young People to engage and have a relationship with the Presenting Company, artists and audiences through the Playwave program.
3. Develop metrics and collect data, which will provide insights into the taste, buying and attendance behaviour of young people in the arts, across the sector, for the benefit of all participating organisations.
4. Develop and build future engaged audiences and supporters of the arts through engagement of Young People in the Playwave program.

DUTIES AND RESPONSIBILITIES

Funding and Acknowledgement

This project has been made possible by the support of the City of Sydney. Any promotion or publicity of the project created by Shopfront will mention their support and feature the City of Sydney logo where other logos are being presented.

The City’s support for the Project is to be acknowledged:

1. At any Playwave-related public event on Playwave’s own printed collateral;
2. In Playwave printed materials
3. On the Playwave website

Additional supporters may be obtained for the program by Shopfront and will be featured on the Playwave website. Playwave acknowledges that presenters have sponsor obligations and presenters may obtain support for ticket subsidy to engage this age group. Playwave will also seek corporate support that it will acknowledge on its platform and assets. During a Playwave event at the venue, these sponsors may have a presence on Playwave collateral.

Insurance, Liability and Conduct

In undertaking the duties and responsibilities of this agreement both parties will observe the requirements of the Work Health and Safety Act (2011), the Privacy Act (1988), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 and any other legislation relevant to this MOU as well as any respective policies and procedures of the organisations party to this agreement.

Shopfront warrants that it holds Public Liability insurance that will remain current during the period of this agreement. Shopfront will not be liable for any “no fault” accidents or incidents arising from activities detailed in this Memorandum of Understanding.

The Presenting Partner warrants they hold public liability (minimum $10m), workers’ compensation and all necessary insurances to cover staff, participants and visitors. The Presenting Partner will not be liable for any “no fault” accidents or incidents arising from activities detailed in this Memorandum of Understanding.

Working with Young People

Shopfront complies with the Commission for Children and Young People Act 1998 and Child Protection (Prohibited Employment) Act 1998. Under this legislation, Shopfront is required to undertake a check for all staff who are working with Children and Young People (the Working with Children Check). Shopfront staff who are attending or curating a Playwave special event will have obtained clearance through the Office of the Children’s Guardian.

The Presenting Partner warrants that their staff will behave in an appropriate and professional manner when interacting with Playwave members.

Young people participating in the program are expected to conduct themselves responsibly and autonomously when attending shows, events and presentations.

TICKET ALLOCATIONS & HANDLING

The Presenting Partner agrees to the provision of an allocation of tickets to identified performances and events, to be made available for purchase by Young People on the Playwave platform.

Sales, Booking Handling and Remittance

Playwave members will purchase tickets to performances through the Playwave platform. This booking will remain on the Playwave platform and details will be reported to The Presenting Partner with the sales & bookings report provided for each performance. Playwave members can either collect their tickets to performances from the venue box office, or electronic tickets can be emailed to patrons either by Playwave or The Presenting Partner.

Shopfront will provide The Presenting Partner with a logon to the platform to upload or recall allocations as necessary. This process can also be completed through a Shopfront Playwave representative. The Presenting Partner reserves the right to recall unsold tickets made available on the platform at any time.

Shopfront will generate a Recipient Created Tax Invoice at the end of each month for any funds to be remitted to The Presenting Partner unless other arrangements are made for the remittance.

Allocation Management

The Presenting Partner agrees to an allocation of tickets made available to the Playwave program on a primary basis, as well as allocations made available to Playwave on an opportunity basis. This process can be completed through the individual partner log-on, or through a Shopfront Playwave representative.

Playwave ticket allocations may include and be distributed as follows;

• Allocations may be distributed over a full or partial season of performances
• Allocations may focus on a concentrated allocation over a shorter period
• Allocations may include multi-ticket passes
• Allocations may coincide with a Playwave special event
• Playwave may promote The Presenting Partner’s free or non-ticketed events

Ticket Pricing and Fees

The price of a ticket sold on Playwave is to be set by The Presenting Partner. Shopfront reserves the right to refuse offering tickets on the platform at rates that it deems to be unreasonable with consideration to the other offerings of the program. The recommended price point of a ticket sold on the Playwave platform is between AUD $5.00 - $25.00.

Complimentary tickets

The Presenter may support the Playwave initiative by providing an allocation of tickets on a complimentary basis, to be made available to Playwave members. Playwave does not recommend providing its members primarily with free tickets on a regular basis, as we are committed to the long-term investment in growing audiences that attribute value to attending arts and culture events.

Complimentary ticket agreements will be arranged on a case-by-case basis with a Shopfront Playwave representative. Tickets provided on a complimentary basis may;

• Be provided as free bonus tickets to Playwave Members, or through targeted campaigns to existing and potential Playwave members.
• Be used as part of targeted campaigns including giveaways, competitions and promotions to grow the Playwave audience.
• Be sold, at a reasonable and mutually agreed rate, to Playwave members. In these cases, Playwave would reserve the right to retain the cost of comp tickets sold.
• Be used to invite Playwave partners, sponsors, and other friends of Playwave

Where complimentary tickets are made available through Playwave, Playwave may ask for a small handling fee depending on the comp ticket volume. Unless otherwise agreed, no handling fee will be applied to comp ticket arrangements.

In addition to the above, Playwave asks for a minimum allocation of 10 complimentary tickets for every season of performance or run of an event where tickets are made available through the platform. These complimentary tickets may be used;

• As part of ticket giveaways, competitions and promotions to Young People
• Packaged as part of a Playwave experience or special event
• To invite Playwave partners, sponsors, and other friends of Playwave
• To be sold, at a reasonable rate, to Playwave members

Playwave Ticketing Charges

Shopfront collects a charge per ticket sold to support some of the cost of running the Playwave program. These charges are agreed upon in advance and can be based on a flat fee added to the Presenters’ ticket price or act as a proportional inside charge deducted from ticket rates. Playwave ticketing charges may vary based on the nature of the event, and can be discussed on a case-by-case basis with Shopfront’s Playwave Director. 
In any case, we suggest keeping the total advertised price for any ticket on Playwave between $5.00 - $25.00.

Option 1: Playwave fee added to your ticket

The Presenter selects a ticket price ranging from $5.00 - $20.00, to which Playwave adds a charge for each ticket sold through the platform. The price displayed on the Playwave platform will include this fee.

Option 2: Playwave deducts an inside charge

The Presenter selects a ticket price ranging from $5.00 - $25.00. For each ticket sold through Playwave, an inside charge is deducted proportional to the ticket price.

Playwave is a sector-initiative, and Shopfront is committed to returning profits to the industry and our partners. We review these inside charges on an ongoing basis as membership of the program grows and we explore other channels for funding the program.

SPECIAL EVENTS

Shopfront will plan and facilitate a program of special events tied to cultural offerings, providing soft entry points to Arts and Culture for Young People. In the case where Shopfront runs a special event with the Presenting Partner, they agree to support Shopfront in the delivery of these Playwave events by assisting Shopfront in identifying suitable performances or cultural offerings to tie in with those.

Events and activities will be arranged on a case-by-case basis between Shopfront and the Presenting Partner. The terms of these events will be laid out in a separate agreement and will not exceed or impose burdens on resources of the Presenting Partner or Shopfront beyond what has been agreed in that document or as otherwise laid out in this MOU.

Staffing & Supervision

In the case of Playwave special events, additional staffing and supervision requirements will be negotiated between Shopfront and The Presenting Partner on a case-by-case basis pending the nature of the event. The Presenting Partner agrees to assist Shopfront in the programming, planning and delivery of these events.

Shopfront will provide staff and resources on site on the day to organise and supervise Playwave special events. Where possible, the Presenting Partner agrees to support with staffing, and to brief Playwave staff on appropriate use of partner venues where required.

A minimum of one Shopfront staff member will be present at any Playwave special event, however additional staff of Shopfront or the Presenting Partner will not be required or present for ticket allocations not attached to a special event.

Resources and Access

The Presenting Partner agrees to grant reasonable access to and use of venues and exhibition spaces as well as other presenter resources to be used for Playwave special events subject to availability.

Resources may include:

• Collaborating with the Presenting Partner to assist with planning, facilitating and programming Playwave Special Events and Experiences.

• Reasonable access to venue spaces where available and appropriate. In the case of Playwave special events, venue agreements will be negotiated on a case by case basis between the presenter and Shopfront
• Reasonable access to collaborate with artists, creatives, staff and other talent to participate in and promote special events.
• Access to the Presenting Partner’s food & beverage arrangements to collaborate on catering for special events and to provide special offers for Playwave members where appropriate, not conflicting with The Presenting Partner’s supplier and sponsorship agreements.
• Collaboration with third parties to facilitate and promote Playwave events.

Shopfront reserves the right to use and display Playwave owned and branded resources and collateral at The Presenting Partner / Playwave special events.

MARKETING & PROMOTION

Acknowledgement

Both Shopfront and The Presenting Partner agree to acknowledge each other with equal billing on appropriate marketing, communications and web-based information relating to the work of this MOU.

Content Creation with Company Assets

Where possible, the Presenting Partner agrees to provide access for the Shopfront marketing team or Playwave Young Creatives to collaborate with representatives on targeted content for the purpose of promoting shows or events through Playwave. These opportunities will be handled on a case-by-case basis.

Content requests may include but are not limited to:

• Collateral to be provided in the form of a branded template and added to by Playwave
• Virtual Q&A’s, tours or digital interactive experiences
• Behind the scenes insights, video, audio or VR content
• Live-streaming events and performances
• Interviews, Q&A’s and other recordings
• Reviews, features, GIF’s, memes and other similar content
• Appearances at special events, Q&A’s or Meet and Greets

Marketing Collateral

The Presenting Partner agrees to provide the Shopfront Marketing branded templates of marketing collateral created by the company relevant to the shows/events Playwave will be promoting. This collateral may include:

• Production stills or promotional images
• Rehearsal images
• Marketing copy and media releases
• Video content & trailers
• Social media content to align with The Presenting Partner messaging
• Interviews with creative team

The Presenting Partner grants permission for Shopfront to apply Playwave brand treatments to existing marketing material/images provided by the company for the purpose of promoting the show/event to Playwave members. Where brand treatments are applied, The Presenting Partner will receive all modified collateral to sign off for approval. Shopfront assumes approval of content used for marketing purposes unless otherwise indicated within the following time periods:

• 24 hours for show-specific images, copy and logos used for Playwave
• 48 hours for applied video content and content used for Playwave special events

Marketing Campaign Support

The Presenting Partner agrees to support the Playwave initiative by providing Marketing endorsements. This may include but is not limited to the following:

• The Presenting Partner agrees to include Playwave customised logo on The Presenting Partner’s website, including a hyperlink to Playwave website where possible and appropriate.
• The Presenting Partner agrees to promote the Playwave initiative and partnership through The Presenting Partner’s digital channels where appropriate, including Social Media, eNews and other digital marketing channels.
• Promotion of the Playwave initiative to The Presenting Partner’s existing audiences of Young People, as well as to parents and alumni to encourage their kids, relatives and other Young People in their lives to get access to the Playwave program, for example through co-branded offers for The Presenting Partner subscribers to invite their Young People to join Playwave, such as:
• A ‘first month free’ offer when signing up their Young people to the Playwave Subscription
• A discount code for their Young People to use on Playwave
• Playwave flyer and / or poster campaigns at relevant The Presenting Partner performances, events and venues.

Promotional Collateral

Where possible and appropriate, the Presenting Partner agrees to feature Playwave in their promotional collateral by allowing for space in brochures and other promotional printed programs for one of the following:

• Line credit dedicated page / half page advertising the Playwave initiative including Playwave URL in printed collateral where possible and appropriate
• Customised Playwave logo or icon on participating events / performances in relevant printed The Presenting Partner programs and other printed collateral

As convenient, the parties may elect to undertake joint marketing efforts to generate new members or targeted ticket sales to young people. These joint marketing efforts may include, but are not limited to:

• Joint advertising activities aimed at promoting annual or upcoming Playwave programs
• Joint press releases
• Editorial placement and other public relations materials
• Joint special events
• Other activities of mutual interest on a case by case basis

Media Partnerships

Playwave will engage media partners to support the program. Media partners will be acknowledged on the Playwave platform, at sponsored events and, where appropriate, in sponsored Playwave collateral.

DATA COLLECTION & PERMISSIONS

Shopfront will collect information about participants of the Playwave program. This will include (but will not be limited to) information collected in the regular course of purchasing a ticket, including age, phone number and email address. This information will be passed through to participating presenters only when a participant purchases a ticket to that presenter’s event, in line with the Playwave privacy policy.

Unless otherwise agreed, the default position for all participants will be an opt-out to receiving marketing or other follow up communications from presenters, until that participant ages out of the Playwave program.

Shopfront grants the presenter permission to contact Playwave members who have purchased tickets to their performances in the following exceptions:

• To provide further information about a performance or event in relation to event detail, ticket collection, accessing the venue or in the event of cancellation or delay of a performance or event.
• To provide post-show information and follow up such as programs and additional show information.
• To collect customer satisfaction data or run post-event questionnaires or surveys with event attendees.

In the case of any of the above, Playwave members are not to be added to the presenters mailing lists for Marketing or other promotional purposes.

Shopfront may work with The Presenting Partner on targeted promotion to its members. This may include the following:

• Playwave branded targeted eDM or other digital marketing campaigns featuring The Presenting Partner shows, events and content.
• Playwave branded regional campaigns featuring The Presenting Partner shows, events and content.
• Playwave branded regional campaigns featuring a combination of regional content, events and opportunities.
• Other opportunities of mutual interest.

Shopfront undertakes to work with The Presenting Partner and other partners to collect trend data relevant to The Presenting Partner. The Presenting Partner undertakes to work with Shopfront in identifying and refining useful data sets for collection through the Playwave program.

DISPUTE RESOLUTION & ENFORCEABILITY

If there is a dispute between the parties arising out of this agreement, then the parties agree to:

• Firstly use their best endeavours and act in good faith to resolve the dispute
• Secondly utilise external mediation
• Finally, if the parties cannot resolve the dispute within 30 days of the commencement of the negotiations, then the agreement shall lapse.

Any provision of this Agreement, which is prohibited or unenforceable in any jurisdiction, will be ineffective in that jurisdiction to the extent of the prohibition or unenforceability and will not invalidate the remaining provisions of this Agreement nor affect the validity or enforceability of that provision in any other jurisdiction.