TERMS AND CONDITIONS
PIXIE POSSUM MUSIC
TERMS AND CONDITIONS OF SERVICE
ABN: 71 213 057 354
Trading Name: Pixie Possum Music
Service Provider: Xadi Walsh
Website: www.pixiepossummusic.com.au
Email: pixiepossummusic@gmail.com
Phone: 0431 717 556
Version 1.0 – September 2026
1. ABOUT THESE TERMS
These Terms and Conditions set out the agreement between Xadi Walsh (ABN 71 213 057 354), trading as Pixie Possum Music ("Pixie Possum"), and the Client for the provision of music education, entertainment, performance and related services.
Pixie Possum provides children's music incursions, educational music programs, performances, workshops, parties and community music experiences throughout Australia.
These Terms are intended to create a fair and transparent commercial relationship between the parties and have been drafted having regard to applicable Australian Consumer Law obligations, including laws relating to unfair contract terms and consumer rights.
A Client accepts these Terms by:
accepting a quote or service agreement;
accepting or approving a quotation electronically;
confirming a booking in writing;
paying an invoice;
requesting Services after receiving these Terms; or
otherwise engaging Pixie Possum to provide Services.
The details of each engagement, including dates, session times, venue, fees and special arrangements, will be confirmed in writing and form part of this agreement.
The current version of these Terms and Conditions is available at:
https://www.pixiepossummusic.com.au/terms-and-conditions
2. DEFINITIONS
Booking Confirmation means written confirmation of the Services, fees, dates, times and venue.
Centre means any childcare service, kindergarten, early learning centre, school, playgroup, community organisation or other entity engaging Pixie Possum.
Client means the person, organisation or entity responsible for making the booking and paying the applicable fees.
Services means music incursions, educational sessions, workshops, performances, parties, gigs and any other services provided by Pixie Possum.
Session means one agreed period of service, generally 30 minutes unless otherwise agreed.
Term Booking means a recurring booking over an agreed period, typically a school or childcare term.
3. COMPLIANCE WITH LAWS
Each party must comply with all laws, regulations and mandatory requirements relevant to its activities under this agreement.
Pixie Possum will conduct its Services in accordance with applicable:
child safety requirements;
Working With Children legislation;
workplace health and safety obligations;
privacy obligations;
anti-discrimination obligations; and
professional standards relevant to the Services.
Nothing in these Terms is intended to exclude, restrict or modify any right, guarantee or protection that cannot lawfully be excluded under Australian law.
The Client remains responsible for compliance with all legislation, regulations, licensing requirements, child safety obligations and supervision requirements applicable to its own organisation and premises.
4. SERVICES
4.1 Children's Music Programs
Pixie Possum provides interactive music programs designed primarily for children aged 0 to 6 years.
Programs may include:
singing;
movement and dance;
rhythm activities;
instrument exploration;
storytelling;
creative play;
nature-based learning;
cultural songs and experiences;
Auslan signs; and
music education activities.
Unless otherwise agreed:
each Session is approximately 30 minutes;
Sessions are conducted for one room or group at a time;
educators remain present throughout the Session;
the Client will provide a suitable and safe space; and
children remain under the supervision of the Centre at all times.
Pixie Possum may modify activities or program content where necessary to accommodate age groups, safety requirements, accessibility needs or circumstances arising during delivery.
4.2 Events, Parties and Performances
Pixie Possum may also provide:
birthday parties;
community events;
festivals;
workshops;
family events;
live performances; and
other agreed musical services.
The duration, equipment requirements, location and fees will be confirmed in writing before the booking is accepted.
5. BOOKINGS
A booking will be considered confirmed once:
Pixie Possum has provided written confirmation;
the Client has accepted the booking; and
any required deposit or advance payment has been received.
Pixie Possum may decline a booking where:
dates are unavailable;
venue requirements cannot be met;
safety concerns exist; or
the proposed arrangement is otherwise unsuitable.
The person making a booking warrants they have authority to act on behalf of the Client.
6. FEES
6.1 Standard Music Sessions
Unless otherwise quoted, the standard fee is:
$60 per 30-minute Session
Where multiple groups, rooms or classes participate, each agreed Session may be charged separately.
Example:
3 Sessions per week × 10 weeks × $60 = $1,800
The actual fee payable will be shown on the applicable quote or invoice.
6.2 Parties, Events and Performances
Event and performance fees will be provided by quotation.
Fees may reflect:
duration;
travel requirements;
equipment requirements;
preparation time;
venue requirements;
additional performers; and
special requests.
6.3 GST
GST will be charged where required by law.
Invoices will clearly indicate whether GST applies.
7. PAYMENT
Unless otherwise agreed:
Term Bookings
Invoices are payable within fourteen (14) days.
Events and Parties
Invoices are payable within seven (7) days.
Payment must be made using the details shown on the invoice.
If the Client believes an invoice contains an error, the Client must notify Pixie Possum promptly.
The Client must not withhold payment of undisputed amounts.
8. LATE PAYMENT
Where payment remains overdue, Pixie Possum may:
issue reminders;
suspend future Services;
require payment before accepting future bookings;
recover reasonable debt recovery costs where permitted by law; and
pursue lawful recovery action if necessary.
Pixie Possum will always seek to resolve payment concerns professionally and reasonably.
9. TERM BOOKINGS
Regular childcare and early learning bookings are generally arranged on a term basis.
Booking Confirmations will specify:
dates;
times;
number of Sessions;
participating groups;
location; and
applicable fees.
Reserved times are set aside specifically for the Client.
Unused Sessions do not automatically transfer to future weeks or terms.
Any requested changes should be discussed and confirmed in writing.
Term Bookings secure dedicated timeslots in Pixie Possum's schedule for the duration of the agreed booking period.
By accepting a Term Booking, the Client acknowledges that those timeslots may not be available to other clients and agrees that the cancellation provisions in Clause 10 apply accordingly.
10. CLIENT CANCELLATIONS
The Client must provide written notice of any cancellation, postponement or request to reschedule a Service.
10.1 Cancellation of Individual Sessions
Where a Client cancels an individual Session:
more than seven (7) days before the scheduled Session, no cancellation fee will apply;
between forty-eight (48) hours and seven (7) days before the scheduled Session, Pixie Possum will make reasonable efforts to reschedule the Session within the same term. If rescheduling is not reasonably possible, a cancellation fee equal to fifty percent (50%) of the Session Fee may apply; and
less than forty-eight (48) hours before the scheduled Session, the full Session Fee will be payable.
10.2 Planned Centre Closures
The Client must provide at least fourteen (14) days' written notice of any planned closure, public holiday closure, curriculum day, staff training day, pupil-free day or other scheduled event that will prevent a Session from proceeding.
Where sufficient notice is provided, Pixie Possum will make reasonable efforts to offer an alternative Session date, subject to availability.
10.3 Term Booking Cancellations
Where the Client wishes to cancel an ongoing Term Booking, the Client must provide at least fourteen (14) days' written notice.
The Client remains responsible for payment of:
all Services already delivered;
any Sessions scheduled during the notice period; and
any reasonable costs already incurred by Pixie Possum in preparation for the Services.
Any cancellation fee will be reasonable, proportionate and limited to the actual loss suffered by Pixie Possum.
10.4 Rescheduling Requests
Pixie Possum will make reasonable efforts to accommodate requests to reschedule a Session. However, rescheduling cannot be guaranteed and remains subject to availability.
11. PARTY, EVENT AND PERFORMANCE CANCELLATIONS
The Client must provide written notice of cancellation.
Where a party, performance, workshop, festival booking or event is cancelled, the following cancellation fees may apply:
more than fourteen (14) days before the event: no cancellation fee;
seven (7) to fourteen (14) days before the event: twenty percent (20%) of the booking fee;
three (3) to six (6) days before the event: fifty percent (50%) of the booking fee; and
less than seventy-two (72) hours before the event: one hundred percent (100%) of the booking fee.
These fees represent a genuine estimate of the loss likely to be suffered by Pixie Possum as a result of reserving the booking date, declining alternative bookings, preparation time, administration time and associated costs.
Pixie Possum may reduce or waive cancellation fees where circumstances reasonably justify doing so, including:
serious illness or injury;
family emergency;
severe weather;
natural disaster;
venue closure or venue damage;
government restrictions;
successful rescheduling of the booking; or
where the cancelled booking is replaced by another booking for the same date and time.
12. CANCELLATION OR RESCHEDULING BY PIXIE POSSUM
Pixie Possum may postpone, reschedule or cancel Services where reasonably necessary due to:
illness or injury;
family emergency;
severe weather;
natural disaster;
venue closure;
transport disruption;
government directions;
safety concerns; or
circumstances beyond Pixie Possum's reasonable control.
12.1 Notification
Pixie Possum will notify the Client as soon as reasonably practicable after becoming aware that a Service cannot proceed as scheduled.
12.2 Rescheduling
Where possible, Pixie Possum will first offer one or more alternative dates:
within the same school or childcare term for recurring education Sessions; or
within a mutually agreed timeframe for events, parties and performances.
12.3 Credit or Refund
If the parties are unable to agree on an alternative date:
the Client may elect to receive a credit equal to the prepaid amount for future Services; or
Pixie Possum will refund any prepaid amount relating to the affected Service within fourteen (14) days.
12.4 Limitation of Liability
To the extent permitted by law, Pixie Possum's liability arising from cancellation of a Service is limited to the fees paid for the affected Service.
Nothing in this clause excludes, restricts or modifies any rights or remedies that cannot be excluded under the Australian Consumer Law.
13. CHILD SUPERVISION
Pixie Possum delivers music education and entertainment services only.
Pixie Possum does not provide:
child-minding;
babysitting;
childcare services; or
educator supervision services.
The Client remains responsible for:
child supervision;
educator-to-child ratios;
behavioural management;
medication administration;
incident response; and
regulatory compliance.
Pixie Possum is engaged to provide music education and entertainment services and is not engaged as an educator, childcare worker or responsible person for the purposes of supervision ratios under any applicable childcare, kindergarten, school or education regulations.
Educators, parents, guardians or responsible carers must remain responsible for children at all times.
Pixie Possum may suspend or cease activities if adequate supervision is not being maintained.
13A. PARTICIPANT BEHAVIOUR
The Client remains responsible for participant supervision and behaviour management at all times.
Pixie Possum may modify, suspend or discontinue activities where participant behaviour creates a safety risk, causes damage to equipment or property, or substantially interferes with the delivery of the Services.
Where a Service is disrupted, shortened or discontinued due to behaviour outside Pixie Possum's reasonable control, no refund or reduction in fees will be payable.
14. CHILD SAFETY
Pixie Possum is committed to creating a child-safe, culturally safe, inclusive and respectful environment.
Where applicable, Pixie Possum will work consistently with:
Australia's Child Safe Standards;
child protection requirements;
mandatory reporting obligations; and
relevant safeguarding expectations of the Client.
Nothing in these Terms replaces the Client's own child safety obligations, policies or procedures.
15. WORKING WITH CHILDREN CHECKS
Xadi Walsh will maintain a current Working With Children Check and any other legally required child-related screening, qualification or accreditation relevant to the Services.
Pixie Possum is committed to maintaining professional standards consistent with Australian Child Safe Standards and applicable child protection legislation.
Evidence may be provided upon reasonable request.
If a venue requires additional screening, inductions or compliance requirements, these should be communicated before Services commence.
15A. CHILD PROTECTION AND MANDATORY REPORTING
Pixie Possum is committed to child safety and wellbeing.
Where required or authorised by law, Pixie Possum may report concerns relating to child safety, abuse, neglect, inappropriate conduct or risks to child wellbeing to relevant authorities.
The Client acknowledges that child safety obligations may require disclosure of information where legally required or reasonably necessary to protect a child.
16. INFORMATION THE CLIENT MUST PROVIDE
The Client must provide information reasonably necessary for safe delivery of the Services, including:
allergies;
medical conditions;
accessibility requirements;
behavioural concerns;
venue risks;
emergency procedures;
infection control requirements; and
any known safety issues.
The Client warrants that the information provided is accurate and complete to the best of its knowledge.
17. HEALTH, HYGIENE AND INFECTIOUS DISEASES
Pixie Possum takes reasonable hygiene precautions when conducting activities involving instruments and shared equipment.
Equipment will be cleaned and maintained using appropriate hygiene practices.
Either party may request postponement of a Session where illness, infectious disease or health concerns create a significant risk to participants.
The parties will make reasonable efforts to reschedule affected Sessions.
18. VENUE SAFETY
The Client is responsible for ensuring that its premises are reasonably safe and suitable for the Services.
Pixie Possum may modify, suspend or cease activities where unsafe conditions exist.
Examples include:
unsafe flooring;
overcrowding;
weather hazards;
inadequate supervision; or
hazards likely to create a risk of injury.
The Client must ensure all areas used for the Services are safe, suitable and comply with applicable health and safety requirements.
Pixie Possum reserves the right to refuse to commence or continue a Service where venue conditions present an unacceptable safety risk.
18A. EQUIPMENT AND PROPERTY
The Client must take reasonable care of any instruments, sound equipment, props, teaching materials or other property supplied by Pixie Possum.
The Client will not be responsible for ordinary wear and tear arising through intended use of equipment.
However, the Client may be responsible for repair or replacement costs where damage results from deliberate misconduct, negligence or failure to maintain reasonable supervision.
19. PHOTOGRAPHY, FILMING AND RECORDING
Pixie Possum will not knowingly use images or recordings of identifiable children for promotional purposes without appropriate consent.
The Client remains responsible for obtaining any permissions, authorisations and consents required under its own policies, procedures and applicable privacy laws.
Any photography, filming or recording of participants remains subject to the Client's consent procedures and privacy obligations.
Pixie Possum may refuse photography, filming or recording where appropriate consent has not been confirmed.
The Client must not commercially exploit, reproduce or distribute Pixie Possum's performances, teaching materials or original works without prior written permission.
20. INTELLECTUAL PROPERTY
All intellectual property remains the property of Xadi Walsh unless otherwise agreed in writing.
This includes:
songs;
lyrics;
recordings;
teaching materials;
lesson plans;
educational resources;
artwork;
branding;
workshop content; and
musical arrangements.
The Client receives a limited, non-exclusive licence to use materials supplied for ordinary educational purposes within its own organisation.
The Client must not:
sell materials;
reproduce them commercially;
distribute them publicly;
upload them online; or
provide them to third parties,
without prior written permission.
20A. EDUCATIONAL AND ENTERTAINMENT SERVICES
The Services are educational and entertainment services only.
The Services do not constitute medical, therapeutic, psychological, developmental, behavioural or clinical advice or treatment.
Any educational, developmental or wellbeing outcomes discussed by Pixie Possum are general in nature and may vary between participants.
21. PRIVACY
Pixie Possum will only collect, use and retain information reasonably necessary to:
administer bookings;
provide Services;
communicate with Clients;
process payments;
meet legal obligations; and
operate the business.
Personal information will only be disclosed where:
consent has been obtained;
disclosure is legally required; or
disclosure is reasonably necessary for business administration.
22. INSURANCE
Pixie Possum maintains insurance appropriate to the nature and scale of the Services provided, including public liability insurance, professional liability insurance and any other insurance reasonably necessary for the operation of the business.
Evidence of current insurance may be provided upon reasonable request.
The Client remains responsible for maintaining insurance relating to:
premises;
operations;
participants;
staff;
volunteers;
visitors; and
property owned or controlled by the Client.
23. LIABILITY
Each party remains responsible for loss, damage, injury or liability arising from its own negligence, unlawful conduct or breach of this agreement.
To the extent permitted by law, Pixie Possum is not responsible for losses resulting from:
inadequate supervision by the Client;
unsafe premises;
inaccurate, incomplete or misleading information provided by the Client;
actions or omissions of third parties;
participant misconduct;
failure to follow reasonable directions; or
events outside Pixie Possum's reasonable control.
To the extent permitted by law, neither party is liable to the other for indirect, consequential or special loss, loss of profits, loss of opportunity or reputational damage arising from or connected with the Services.
Nothing in this agreement excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded under Australian law.
24. INDEMNITY
To the extent permitted by law, the Client indemnifies Pixie Possum against claims, losses, costs or liabilities arising from:
the Client's negligence;
breach of these Terms;
unsafe premises; or
the Client's unlawful conduct.
This indemnity does not apply to the extent any loss was caused by Pixie Possum's own negligence, unlawful conduct or breach of this agreement
25. FORCE MAJEURE
Neither party will be liable for delay or failure to perform obligations caused by events outside their reasonable control, including:
natural disasters;
severe weather;
floods;
fires;
illness;
public health emergencies;
government restrictions;
transport disruptions; or
venue closures.
The affected party should notify the other party as soon as reasonably practicable.
26. TERMINATION
Either party may terminate an ongoing arrangement by providing at least fourteen (14) days' written notice to the other party.
The Client remains responsible for payment of:
all Services delivered prior to termination;
any Services scheduled during the notice period; and
any fees that accrued before termination.
Either party may terminate this agreement immediately by written notice where the other party:
commits a serious breach of these Terms;
creates a serious risk to the health, safety or wellbeing of children, participants or staff;
repeatedly fails to comply with material obligations after being notified of the issue;
becomes insolvent or enters external administration; or
engages in unlawful conduct.
Where practical and appropriate, the affected party will be given a reasonable opportunity to remedy the issue before termination takes effect.
Termination does not affect any rights, obligations or liabilities that accrued before the date of termination.
27. DISPUTE RESOLUTION
If a dispute arises:
the parties will attempt to resolve the issue in good faith;
written details of the dispute should be provided;
the parties will attempt informal resolution first; and
if necessary, mediation may be considered before legal proceedings.
Nothing prevents urgent action where necessary to protect people, property or legal rights.
28. CHANGES TO BOOKINGS
Changes to any material booking arrangement, including:
dates;
times;
venue;
fees;
duration;
participant groups; or
Service scope,
must be confirmed in writing.
Email confirmation will ordinarily be sufficient.
29. INDEPENDENT CONTRACTOR
Xadi Walsh provides Services as an independent contractor and business operator.
Nothing in this agreement creates:
an employment relationship;
a partnership;
a joint venture; or
an agency relationship.
30. ENTIRE AGREEMENT
These Terms, together with any Service Quotation and Booking Agreement, Booking Confirmation, quotation, invoice, or agreed written variation, constitute the entire agreement between the parties.
If any provision is found unenforceable or invalid, the remaining provisions will continue in full force and effect.
Failure by either party to enforce a provision immediately does not constitute a waiver of that provision or any other rights.
31. GOVERNING LAW
This agreement is governed by the laws of Australia.
The parties submit to the non-exclusive jurisdiction of the courts of Australia and any courts entitled to hear appeals from those courts.
32. ACCEPTANCE OF TERMS
These Terms and Conditions apply to all Services supplied by Pixie Possum Music.
A Client is taken to have accepted these Terms by:
(a) signing or accepting a Service Quotation and Booking Agreement;
(b) approving a quotation electronically;
(c) confirming a booking in writing;
(d) paying an invoice;
(e) requesting Services after receiving these Terms; or
(f) otherwise engaging Pixie Possum Music to provide Services.
Where a Service Quotation and Booking Agreement has been issued, these Terms and Conditions are incorporated into and form part of that agreement.
CONTACT DETAILS
Pixie Possum Music
www.pixiepossummusic.com.au
Email: pixiepossummusic@gmail.com
Phone: 0431 717 556
ABN: 71 213 057 354
DOCUMENT CONTROL
Version: 1.0
Effective Date: September 2026
Pixie Possum Music reserves the right to amend these Terms and Conditions from time to time.
Updated versions will be made available upon request and, where applicable, via the Pixie Possum Music website.
Existing confirmed bookings will remain subject to the Terms and Conditions in effect at the time the booking was made unless otherwise agreed in writing.