Terms and Conditions

Welcome! This website is owned and operated by Tim Mason Magic. These Terms and Conditions set out the terms under which you may use our website and engage our services. By accessing this website or booking with Tim Mason Magic, you (the "Client") confirm that you have read, understood, and agree to be bound by the following terms.

 

1. Payment

1.1  A 50% deposit is required at the time of booking to secure the event date. This deposit serves as a non-refundable booking fee and confirms your reservation.

1.2  Full payment or the 50% deposit must be received within 14 days of the invoice being issued, or 72 hours before the performance date (whichever comes first). If payment is not received by this time, the agreement will become void and the date may be released.

1.3  The remaining balance is due no later than 7 days before the event. Payment may be made via Electronic Funds Transfer or another method agreed upon in writing with Tim Mason Magic.

 

2. Tentative Bookings

2.1  A tentative booking is one that has been enquired about but not yet confirmed with payment. Tim Mason Magic can hold a tentative booking for a maximum of 7 days without confirmation.

2.2  If confirmation and payment are not received within 7 days of the tentative booking being made, the date will be released and made available to other clients. We encourage you to confirm your booking promptly to secure your preferred date.

 

3. Cancellation Policy

3.1  In the rare event of an unforeseeable emergency that prevents Tim Mason Magic from performing, the Client will receive a full refund.

3.2  If the Client cancels the performance, the following policies apply:

     •  More than 45 days' notice: Full refund, including any deposit paid.

     •  45 to 14 days' notice (inclusive): The deposit is non-refundable. If the full amount was paid prior to cancellation, 50% of the total amount will be refunded.

     •  Less than 14 days' notice: No refund will be issued.

 

4. Postponement

4.1  Requests to postpone a booking are subject to availability and must be mutually agreed upon in writing.

4.2  The following postponement schedule applies:

     •  More than 6 months before the event: The deposit will be credited to a new date.

     •  Less than 6 months but more than 4 weeks before the event: The full amount paid will be credited to a new date.

     •  Less than 4 weeks before the event: No postponement is permitted and the cancellation policy will apply.

4.3  A booking may only be postponed on one occasion. The new date must be within 12 months of the original booking date.

 

5. Parking and Arrival

5.1  Where possible, the Client will provide a parking space with direct access to the performance area for one (1) vehicle. Any parking expenses incurred by Tim Mason Magic to access the venue will be covered by the Client.

5.2  Tim Mason Magic will arrive at least 20 minutes prior to the performance to set up.

 

6. Performance Space

6.1  This clause does not apply where Tim Mason Magic is engaged for roving/strolling magic.

6.2  The preferred performance space is indoors, with a minimum area of 3 metres wide and 2 metres deep, free from obstructions, and with sufficient space in front for the audience to be seated comfortably.

6.3  For optimal engagement, it is requested that the audience remain seated during the performance and that food not be served during this time.

6.4  For children's and family performances: At least one (1) other responsible adult must remain in the performance space at all times. Please note that Tim Mason Magic is not able to supervise children during the performance.

6.5  For corporate performances with an audience exceeding 60 individuals: It is recommended that a stage be provided at a minimum height of 30 cm (12 inches) off the main floor, with adequate access for audience members.

 

7. Safety

7.1  The Client agrees that, while Tim Mason Magic is on-site and performing, no illegal or dangerous activities will be undertaken that threaten the safety or well-being of Tim Mason Magic or any performers.

7.2  Unless legislation provides otherwise, it is the Client's responsibility to ensure that all guests and vendors comply with any applicable government regulations in relation to public health, safety, and gatherings.

7.3  If these regulations are not adhered to and Tim Mason Magic reasonably believes that the safety of any performer is at risk, Tim Mason Magic reserves the right to immediately pause or cease the performance. In this circumstance, all fees paid will remain non-refundable.

7.4  Tim Mason Magic is not responsible for the failure of event participants or guests to follow applicable government regulations. To the fullest extent permitted by law, the Client agrees that Tim Mason Magic will not be liable for any claim resulting from issues relating to public health, safety, or mandatory rules and regulations.

 

8. Wet Weather and Outdoor Performances

8.1  Indoor performance spaces are preferred. Outdoor performances are accepted on the understanding that the Client will provide a suitable indoor or undercover backup location in the event of wet, unsafe, or unsuitable weather conditions.

8.2  A suitable backup space must be safe, dry, level, accessible, and free from obstructions, with adequate room for the performance and audience, and appropriate protection for Tim Mason Magic’s props and equipment.

8.3  Tim Mason Magic reserves the right, acting reasonably, to determine whether conditions are suitable to perform outdoors. This includes, but is not limited to: rain, strong wind, extreme heat, lightning, or unsafe ground conditions.

8.4  If the performance cannot proceed outdoors and a suitable alternative is available, it will be relocated to that space. If no suitable alternative exists and the performance cannot safely proceed, the postponement terms at Clause 4 will apply. Where cancellation results, the cancellation terms at Clause 3 apply.

8.5  If the performance has commenced and conditions later deteriorate to an unsafe level, Tim Mason Magic reserves the right to pause, relocate, or stop the performance. If stopped due to weather and no suitable alternative space is available, the full performance fee remains payable.

8.6  Ordinary wet or unsuitable outdoor weather conditions are addressed under this clause and do not automatically constitute a Force Majeure event.

 

9. Equipment

9.1  Tim Mason Magic will take all steps considered necessary to protect equipment, props, and performance materials in the event of risk of damage from weather, the environment, or other circumstances.

9.2  Where Tim Mason Magic uses a PA or sound system, its use is subject to favourable weather and environmental conditions. The system will not be used in any circumstances where it may be exposed to damage from persons or the elements. All judgements as to suitability are made at the sole discretion of Tim Mason Magic.

9.3  Where any equipment belonging to Tim Mason Magic is damaged through no fault of Tim Mason Magic (for example, a microphone, prop, or piece of equipment dropped or broken by an event participant, or damage caused through the use of a third-party device), the Client will be responsible for all associated costs of repair or replacement.

9.4  Tim Mason Magic will use best endeavours to ensure all equipment is fully charged, functional, and tested prior to the performance. However, the Client acknowledges that electrical and technical equipment may malfunction, and Tim Mason Magic will not be held liable for any such failure where it is not at fault.

 

10. Recording and Photography

10.1  The Client and guests are welcome to take photos and videos for personal use. If sharing on social media, please tag @TimMasonMagic.

10.2  Recording the full performance without prior written permission from Tim Mason Magic is strictly prohibited.

10.3  Tim Mason Magic may take images and/or video during the performance for marketing purposes. By engaging Tim Mason Magic's services, the Client confirms they have given permission for such images and video to be taken, and have obtained the necessary consents from guests and other vendors on-site.

10.4  If the Client wishes to opt out of being featured in marketing materials at any point, they may notify Tim Mason Magic in writing. Tim Mason Magic will endeavour to remove any existing images or footage as soon as reasonably practicable.

10.5  Where the Client provides Tim Mason Magic with images or video from the event, the Client warrants that they have obtained permission from the owner of those images for Tim Mason Magic to use them for marketing purposes.

 

11. Liability and Indemnity

11.1  Tim Mason Magic will take all reasonable precautions to ensure a safe and successful performance. However, to the fullest extent permitted by law, Tim Mason Magic shall not be liable for any loss, damage, injury, or death arising from any act or omission during the performance.

11.2  The Client agrees to indemnify and hold Tim Mason Magic harmless from any and all claims, suits, actions, damages, liabilities, and expenses arising out of or in connection with the performance.

11.3  Where Tim Mason Magic is found liable, liability is limited to the fee paid by the Client for the relevant performance.

11.4  The Client acknowledges that the performance may involve physical activity and audience interaction, and that inherent risks may be associated with this. The Client agrees to assume all such risks.

11.5  The Client agrees to take all reasonable steps to prevent damage to the performance space, equipment, and materials used by Tim Mason Magic. The Client is liable for any damage caused by themselves or their guests to Tim Mason Magic's property.

 

12. Insurance

12.1  Tim Mason Magic holds Public Liability Insurance with an indemnity limit of $30,000,000 (thirty million dollars). The Client agrees not to request any actions that would fall outside the scope of this insurance.

 

13. Intellectual Property

13.1  All intellectual property rights in any magic tricks, effects, scripts, handouts, choreography, music, images, videos, website content, and other elements of Tim Mason Magic's performances and workshops are and remain the exclusive property of Tim Mason Magic.

13.2  Clients acknowledge that all such intellectual property is protected by copyright, trademark, and other applicable laws. Clients agree not to use, teach, reproduce, distribute, or create derivative works based on any of these elements without prior written permission.

13.3  Clients may make personal copies of handouts provided solely for personal use in connection with the service for which they were provided. Any other reproduction or distribution is strictly prohibited.

13.4  Clients agree not to assist or allow any third party to reproduce or use any of Tim Mason Magic's performance elements, whether for profit or otherwise, without prior written permission.

 

14. Force Majeure

14.1  Tim Mason Magic will not be liable or responsible for any failure to perform, or delay in performing, any obligations under this agreement where such failure or delay is caused by events beyond reasonable control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical failure, or industrial disputes.

14.2  If a genuine force majeure circumstance occurs and makes performance of obligations impossible, Tim Mason Magic will contact the Client as soon as reasonably practicable. Obligations will be suspended for the duration of the force majeure event.

14.3  This clause does not apply where an event outside reasonable control occurs but performance of the booking remains possible, notwithstanding inconvenience or financial hardship. If events such as guest number restrictions or density requirements occur but Tim Mason Magic can still perform, any choice by the Client to cancel is made at the Client's initiative and the cancellation policy will apply.

14.4  If the Client cancels or varies the booking due to an event that constitutes mere inconvenience rather than genuine force majeure, any non-refundable fees remain non-refundable and Tim Mason Magic is only obliged to use reasonable endeavours to offer an alternative date.

14.5  In genuine force majeure circumstances, the parties will use all reasonable endeavours to agree on a new date. If no alternative date can be agreed, the booking will be considered cancelled and Tim Mason Magic will provide a full refund of any fees paid.

 

15. General Provisions

15.1  Independent Contractor: Tim Mason Magic performs as an independent contractor and not as an employee of the Client.

15.2  Permits: The Client warrants that they have obtained all necessary permits, approvals, and licences required for the performance at the venue.

15.3  Entire Agreement: These Terms and Conditions, together with any written booking confirmation, constitute the entire agreement between the parties and supersede all prior communications, whether oral or written.

15.4  Governing Law: This agreement is governed by the laws of Victoria, Australia.

15.5  Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.6  Modifications: Tim Mason Magic reserves the right to update these Terms and Conditions at any time. The most current version will be published on our website and will supersede all previous versions.

​