Content creators – General Terms and Conditions
1. INTRODUCTION
1.1 Background: Frontier may engage content creators (you and your) to create content for different purposes across our business, including use on Frontier-owned social media accounts. These General Terms and Conditions (General T&Cs) relate to the creation and provision of that content and are incorporated by reference into any brief provided to and accepted by you (Brief). The Brief and General T&Cs outline the entire agreement between you and Frontier in relation to the content (Agreement).
1.2 Conflict on Terms: if there is any difference between these General T&Cs and any terms and conditions in the Brief, the provisions in the Brief will apply to the extent of any inconsistency.
2. TERM
2.1 Term: the Term commences on acceptance of the Brief and ends on completion of Deliverables or the date(s) specified in the Brief.
2.2 Life of Post: Unless the Brief notes that the Deliverables are “evergreen”, you may remove, delete, or archive Deliverables thirty (30) days after posting unless otherwise agreed. It is understood that some content may lapse twenty-four (24) hours after being posted by you on a social media platform (e.g., an Instagram Story).
2.3 Re-Surfaced Content: where Deliverables are removed, deleted, or archived by you, you will not link back to, re-post, pin, or otherwise intentionally resurface the Deliverables without our prior approval.
2.4 Retention: you may retain the Deliverables for your portfolio, and non-commercial archival and internal use, including allowing the Deliverables to remain on your social media profile.
3. DELIVERABLES
3.1 Due Date: you agree to provide the Deliverables by the Due Date set out in the Brief. Failure to provide the Deliverables by the Due Date is a breach of this Agreement.
3.2 Approval: we retain the final right of approval for Deliverables (including accompanying copy) prior to posting. We may ask you to revise the Deliverables (including text/copy) to ensure they are to a satisfactory standard, and you agree to do so. Failure to revise the Deliverables prior to posting is a breach of this Agreement.
3.3 Engagement: you agree to engage with and respond to comments on the Deliverables to the best of your ability and as accurately as possible, including tagging us where necessary and relevant. Frontier understands it may not be possible to respond to each and every comment.
3.4 Boost/Spark: from time to time we may decide to boost/spark the Deliverables for an agreed period of time, and you agree to assist us by providing all necessary assistance in order to boost/spark the Deliverables.
3.5 Conflicts: you will let us know if you have any current or pre-existing ambassador, endorsement, or sponsorship activities that might create a conflict of interest in providing the Deliverables.
3.6 Expenses: unless otherwise agreed in the Brief you are responsible for all expenses incurred in connection with or related to the creation and delivery of the Deliverables, such as any equipment, tools, or materials that you use.
3.7 Compensation: Frontier will provide you with the Compensation as set out in the Brief in exchange for the satisfactory completion of the Deliverables.
3.8 Originality: you will make your best effort not to recycle, re-purpose, or re-use any ideas you have created for other people or companies in the Deliverables. Frontier understands that there is often a high degree of repetition in popular social media content.
4. COMPENSATION
4.1 Compensation: the Compensation payable to you will be as set out in the Brief.
4.2 GST and Taxes: To the extent relevant, the Compensation is exclusive of good and services tax (GST).Where applicable, we agree to pay an additional amount of GST if the Compensation is considered a taxable supply for which we must account for GST. You must provide a valid tax invoice for the Compensation, if required. If we are required by law to deduct or withhold any sums from the Compensation payable to you, we will deduct and withhold such sums from the Compensation and provide you with details of any sums deducted, along with substantiating documentation.
4.3 Superannuation: if you are eligible for superannuation, the Compensation includes superannuation at the prevailing rate based on the labour component of the Compensation. We are not required to deduct and pay superannuation on the non-labour component of the Compensation. We will ensure that the superannuation component of an eligible payment will be paid to your nominated superannuation fund. You will provide us with a completed New Contractor Form, along with a Superannuation Standard Choice Form and a Letter of Compliance from your superannuation fund. Superannuation does not apply to non-eligible payments or where you are contracting as a company, partnership, or trust.
4.4 Invoicing: invoices must include an ABN and are to be sent to the Marketing Lead who provided you with the Brief. Where no Marketing Lead is identified on the Brief, please send to marketing@frontiertouring.com.
5. GRANT OF RIGHTS
5.1 Frontier Licence: we grant you a non-exclusive, non-transferable, revocable licence to use any Frontier or third party intellectual property provided to you by us (Frontier IP) for the purpose of creating the Deliverables. You may not assign or use any Frontier IP for any other purpose (e.g., for your own content).
5.2 Your Licence: you grant us an irrevocable, exclusive, royalty-free licence to use, reproduce, publish, perform, communicate, transmit, broadcast, promote, market, advertise, modify, re-contextualise, edit, adapt, and otherwise exploit the Deliverables throughout the world in all media now known or hereafter devised, in perpetuity. This includes all online paid media and social media, and the right to organically share, comment on, and re-post the relevant Deliverables via the social media platform on which the content was published (with the relevant tags).
5.3 Moral Rights: if you retain any moral rights in the Deliverables as defined in the Copyright Act 1968 (Cth), you irrevocably consent to any acts or omissions by us (or our licensees, sublicensees or assignees) that would otherwise infringe those rights.
5.4 Name & Image: you agree that we may use your image and name for advertising and marketing purposes connected with the Deliverables.
6. WARRANTIES
6.1 Your Warranties: you warrant to the fullest extent permitted by law that:
(a) you are aged 16 years or over and eligible to use the social media platforms set out in the Brief;
(b) none of the Deliverables feature children aged 16 years or younger;
(c) all persons captured in the Deliverables have consented to the use of their name, image, and likeness, and have agreed to be featured in the Deliverables;
(d) any and all opinions and views stated in the content are genuinely held by you, even if you did not receive any Compensation;
(e) excluding the lawful use of the social platform’s functionality (e.g., use of sounds or trending audio) the Deliverables are original and do not infringe upon or violate any intellectual property rights or other rights of any third party (excluding any Frontier IP rights granted to you in clause 5);
(f) the Deliverables are not misleading or deceptive and do not contain any material that is offensive or defamatory;
(g) if any part of the Deliverables is the product of a third party (excluding any Frontier IP right granted to you in clause 5), you have obtained written agreement from such third party to use and grant those rights;
(h) you will comply with all relevant laws and industry self-regulation requirements, including but not limited to the AANA Guidelines (AU), CAP Code (UK), and the Federal Trade Commission’s Guides Concerning Endorsements and Testimonials in Advertising (USA) to the extent applicable.
6.2 Social Media Performance: Frontier does not guarantee any benefits or commercial performance for your social media profile by publishing the Deliverables. We are not required to follow each other on any social media platform, repost or share your content, except as necessary for the successful completion of the Deliverables.
6.3 Further Warranties: you warrant that you will:
(a) use your utmost talent, skill, and ability in performing your obligations;
(b) provide the Deliverables in accordance with all reasonable and lawful directions;
(c) not participate in any publicity, press, or media regarding the Agreement or the subject matter of the Brief without our prior written approval; and
(d) not represent or hold out that you have any direct association, sponsorship, or relationship with the Artist, the subject of the Brief.
7. FORCE MAJEURE EVENT
7.1 Force Majeure: in the event of a Force Majeure Event (i.e., the fault of neither party) neither party will be liable to the other for any failure or delay in performing their obligations, provided that the delayed party:
(a) notifies the other party of the delay and its expected duration; and
(b) uses reasonable efforts to resolve the failure or delay in performing their obligations.
7.2 Termination: if the parties agree that the Force Majeure Event cannot be overcome, then the Agreement shall be terminated, and both parties will be released from any obligations. Each party will bear their own costs, and Frontier will not be liable to provide you with the Compensation. Frontier agrees that you may keep any Compensation already provided, having regard to the Deliverables provided and the fulfilment of the other terms of the Brief.
8. SOCIAL MEDIA PLATFORMS, DISREPUTE AND REPUTATIONAL DAMAGE
8.1 Social Media Platforms: you agree not to violate the relevant terms and conditions of the social media platform(s) set out in the Brief. If you breach the terms and conditions of the social media platform(s) and cannot fulfill your obligations set out in the Brief, we may terminate the Agreement. If this happens, we are no longer required to provide you with any Compensation, and you must return any Compensation already provided to you.
8.2 Frontier Right to Cancel: we reserve the right to cancel the Brief at any time if you engage in any conduct that, in our opinion, might bring Frontier, the Artist, or their tour into disrepute. We will notify you of the conduct and may allow you a reasonable opportunity to correct it before we terminate the Agreement.
8.3 Reputational Damage: if either party believes that any political opinions or beliefs expressed by the Artist might cause you to suffer reputational damage, then the parties will discuss the possible termination of the Agreement. If the Agreement terminates under this clause, Frontier will continue to provide the Compensation to you as if the Deliverables had been completed in full.
9. TERMINATION
9.1 Frontier Right to Terminate: the Brief can be terminated by us by written notice in the following circumstances:
(a) if you breach any of your obligations or warranties in these General T&Cs, and where you do not or are incapable of remedying such breach within forty-eight (48) hours of notice by us;
(b) if we form a reasonable belief that you will not be able to satisfactorily provide the Deliverables in accordance with the Brief; and
(c) if you have a conflict of interest that cannot be resolved to our reasonable satisfaction.
9.2 Result of Frontier Termination: where the Agreement is terminated, the parties will discuss in good faith the life-cycle of any provided and/or posted Deliverables and whether any Compensation may be due to you.
10. INDEMNITIES
10.1 Reciprocal Indemnities: each party indemnifies the other from and against all actions, claims, demands, costs, losses, and damages (including reasonable legal costs and expenses) which may be made against or incurred by one party as a result of the other party’s breach of this Agreement.
10.2 Consequential Loss: neither party will be liable to the other party for any indirect or consequential loss, including loss of business opportunity, or loss of income, profits, revenue or business, loss of or damage to goodwill, loss of business reputation, loss of data, loss of access to markets, loss of production, loss or denial of business opportunity, loss of anticipated savings, business interruption, or damage to credit rating arising out of or in connection with this Agreement.
11. CONFIDENTIALITY
11.1 Mutual Confidentiality: the parties will keep any Confidential Information of the other party strictly confidential at all times. Confidential Information includes but is not limited to all information, whether or not in writing, of a confidential nature, owned, possessed or used by either party, concerning its business or business relationships that are communicated to, learned of, developed, or otherwise acquired by the other party during the fulfilment of the Brief. This clause survives the termination or expiration of the Agreement.
12. EVENT TICKETS
12.1 Event Tickets: if the Compensation includes a ticket to a Frontier event, you acknowledge and agree that Frontier’s Terms of Sale apply to each ticket and acceptance of the ticket is deemed acceptance of those Terms of Sale.
12.2 Event Ticket Restrictions: you acknowledge that Event tickets are not redeemable for cash, are non-transferable and may not be offered for re-sale.
12.3 Event Cancellation: if an event is cancelled, we will use reasonable endeavours to provide you with an opportunity to attend an alternative Frontier show.
12.4 Suite Tickets: if the Compensation includes a suite ticket, you will be required to provide full guest names and phone numbers for registration prior to the Event (where additional guests tickets are included in the Compensation).
12.5 Ticket Delivery: ticket(s) will be delivered as scheduled closer to the Event and if you have not received your ticket(s) twenty-four (24) hours prior to the Event, contact Frontier at the email set out in the Brief.
13. MISCELLANEOUS
13.1 Metrics and Reporting: within a reasonable period upon expiration of the Term, you will provide us with any requested metrics and engagement statistics for any Deliverables in a mutually agreed form and date.
13.2 Authority: each party warrants that they have the right and authority to enter into this Agreement and to perform their obligations.
13.3 Relationship of Parties: the parties acknowledge that the relationship is that of principal and independent contractor and nothing in this Agreement shall be construed to constitute a different relationship between the parties.
13.4 Sub-Contracting: you are not allowed to subcontract or assign any of your rights or obligations under the Agreement without the prior written consent of Frontier.
13.5 Law of Agreement: the laws of New South Wales govern this Agreement and the parties submit to the jurisdiction of the courts in that State.
13.6 Counterparts: this Agreement may be signed in any number of counterparts with the same effect as if the signature on each such counterpart were on the same instrument.
13.7 Amendment: these General T&Cs may be amended from time to time by the parties as mutually agreed in writing or as updated on Frontier websites. For clarity any published updates to these General T&Cs on our websites do not operate retrospectively.
13.8 Frontier: a reference to Frontier, we, us and our is a collective reference The Frontier Touring Co Pty Ltd (ACN 005 602 602) for Australia and The Frontier Touring Co Pty Ltd (NZBN 9429047565289) for New Zealand.
These General T&Cs were last updated on 6 February 2025.