1 | DEPOSIT AND EVENT DATE CONFIRMATION
1.1 (a) The Client must return to the Company within (7) days of the date of the Event Order along with this Agreement duly signed where indicated together with payment of the Deposit (by Bank Cheque/cash/direct deposit) requested by the Company.
(b) If the Client fails to return this Agreement signed together with the payment of the deposit, then the Company shall be entitled to allocate the Event Date and Premises to another client.
(c) The Client acknowledges and agrees that the Company has explained to the Client that the Deposit is not refundable to the Client under any circumstances.
2 | EVENT ORDER
2.1 The prices stated in the Event Order are calculated on the number of guests that the Client has advised the Company will be attending the Event. The Client acknowledges and agrees, that if the number of guests that are confirmed by the Client as attending the Event decreases by an amount of 5% or more, that the Company at its sole discretion shall be entitled to:-
(a) charge the Client an additional amount to that stated on the Event Order; and/or
(b) move the Event to different Premises.
3 | FULL PAYMENT OF INVOICE
3.1 The Company will issue to the Client an account for the provision of services to the Client for
the Event and any other charges payable by the Client pursuant to this Agreement (“Invoice“); and
3.2 The company will issue the Client with a tax invoice showing required payment instalments and the due date for payment for each instalment. Such payment must be by Bank
Cheque/direct bank transfer/cash/Credit Card/Eftpos.
3.3 In the event that the Client has not provided to the Company details of the final number of
persons that will be attending the Event by the date of the Invoice, then the Company shall be entitled to issue and receive payment for an Invoice which is calculated on the number of persons stated on the Event Order.
3.4 PROVIDED further that if the actual number of persons that attend the Event exceeds the number stated on the Invoice, then the Client must pay to the Company on the Event Date, the amount due for such additional persons as is advised by the Company to the Client.
4 | CANCELLATION FEES
4.1 The following cancellation fees (in addition to the Deposit) shall be payable by the Client to
the Company in the event the Client cancels the Event:-
(a) Notice of a period of more than 180 days prior to the Event Date – the Client will not be charged a cancellation fee.
(b) Notice of a period of between 180 to 91 days prior to the Event Date the Client must pay to the Company a cancellation fee which is equivalent to 25% of the price stated on the Event Order.
(c) Notice of a period of between 90 to 31 days prior to the Event Date, the Client must pay to the Company a cancellation fee which is equivalent to 50% of the price stated on the Event Order.
(d) Notice of a period of less than 30 days prior to the Event Date – the Client must pay to the Company the total price stated on the Event Order.
4.2 In addition to the amounts set out in Sub-Clauses 4.1(b) to 4.1(d) inclusive, if the Company has booked/hired any equipment, entertainment or service for the Client’s Event, then the Client must pay the full amount that the Company is charged for cancelling such equipment, entertainment or service.
4.3 The cancellation fees and amounts referred to in this Clause 4, must be paid by the Client regardless of the reason the Client cancels this Agreement.
5 | FOOD/BEVERAGE SUPPLIED BY THE CLIENT
5.1 (a) If the Client wishes to bring food and/or beverage for the Event then the Client
must obtain the Company’s prior written consent. The Client must advise the Company in writing of the relevant details at least 45 days prior to the Event Date.
(b) the Company can grant or withhold its consent in its absolute discretion.
(c) if the Company agrees to such request then the Client must abide by all the
conditions that the Company may impose including payment of any surcharges that the Company may require to be paid or refusing to serve any food which the Company considers is not of an acceptable standard.
5.2 The quality and/or suitability of any food and/or beverage supplied by the Client are the sole
responsibility of the Client.
6 | CLIENT’S CONTRACTORS
6.1 If the Client wishes to engage any Contractors for the Event, then the Client must obtain the prior written consent of the Company. If the Company gives its consent, the Client and such Contractors must:-
(a) at least seven (7) days prior to entering the Property, produce to the Company, certificates of currency from a reputable Insurance Company for all relevant insurance policies including Workers Compensation Insurance, Products Liability Insurance and Public Liability Insurance and any other Insurance Policy which the Company may (in its absolute discretion) require to be taken out for the Event; and
(b) at all times abide by all the conditions, rules, directions, instructions and requests of the Company and its representatives whilst they are on the Company’s Property; and
(c) provide to the Company full names and contact details of such Contractors including contact address and telephone numbers.
6.2 Regardless of whether the company has given its consent, the Client shall be responsible for all costs and expenses incurred by the Company by reason of the Client’s Contractors attending at the Property or by reason of the services provided by the Client’s contractors.
7 | DAMAGE TO THE COMPANY’S PROPERTY
7.1 The Client must pay to the Company all amounts payable for the repair of any damage caused to the Company’s Property by reason of an act or omission by the Client or by the Client’s guests, invitees, employees, agents and contractors.
8 | COMPANY CAN REFUSE TO SERVE ALCOHOL
8.1 The Company and its employees may in their absolute discretion refuse to serve alcohol or any other beverage containing alcohol to any persons under the age of eighteen years and those persons that they believe are affected by alcohol or other substances.
9 | TERMINATION OF EVENT
9.1 If at any time during the Event the Company’s Directors form the view that the Event is affecting the business of the Company or its reputation or the security of the Company’s Property, or there is a bomb scare or any emergency occurrence, then the Company shall be entitled to:-
(a) exclude or remove and restrain any person/s from the Company’s Property that it deems are disruptive; and/or
(b) to terminate the Event upon the happening of which the Client must immediately take all necessary steps to ensure that the Client and the Client’s guests, invitees, agents, servants and Contractors vacate the Premises and the Company’s Property forthwith.
9.2 If the Company exercises its rights as contemplated by this Clause, then the Company shall not be liable for consequential damages of any nature for any reason whatsoever and the Client must indemnify the Company for any claim against the Company for same.
9.3 Refunds, exchanges and replacements for ticketed events
9.3.1. Concord Function Centre will only offer a refund or exchange of a ticket if an event is cancelled, rescheduled or significantly relocated by the Seller (and you cannot or do not wish to attend the rescheduled or relocated event), or to the extent otherwise required by law (including the Australian Consumer Law). You must apply for a refund within a reasonable time. Concord Function Centre does not offer refunds or exchanges as a result of a change in your personal circumstances.
9.3.2. If an event is cancelled, rescheduled or significantly relocated by the Seller, all liability is limited to the amount for which the ticket was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Neither Concord Function Centre nor the Seller will be liable for any other losses incurred by you as a result of the cancellation, rescheduling or relocation of an event, including any travel and accommodation expenses.
9.3.3. Concord Function Centre will only replace lost, stolen, damaged or destroyed tickets if the authenticity of the ticket can be verified, including proof of purchase, and if you give reasonable notice before the event. Concord Function Centre may charge a reasonable fee for the replacement of tickets. Concord Function Centre may not replace tickets where seating is unallocated (general admission tickets).