In this document:
The parties agree that the following words and terms shall mean and include:-
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).
10. RELEASE BY CLIENT
10.1 (a) The Client releases the Company, it’s agents, employees and contractors from all
claims for any loss, damage or injury to person or property or otherwise sustained by
the Client or the Client’s guests, invitees, agents, employees or contractors, but provided that such release will not be applicable to any loss, damage or injury caused by or contributed to by any act or omission of the company, its agents, employees, and/or contractors.
11. PROVISION OF DETAILS BY THE CLIENT
11.1 The Client must provide to the Company the information, forms and items set out hereunder
by no later than the following time periods:-
(a) By the date 35 days prior to the event date – the Client must finalize and advise the Company in writing of the Clients’s menu choices for the event.
(b) By the date 10 days prior to the Event Date – the Client must provide to the
Company a duly completed copy of the “Guest and Seating List” in alphabetical order which is attached to this Agreement marked“A”, as well as a special meals request form which is attached to this Agreement marked “A1”.
(c) By the date 7 days prior to the Event Date – the Client must provide to the Company:-
(i) a duly completed copy of the “Run Sheet” which is attached to this Agreement marked “B”; and
(ii) a duly completed copy of the “MC Information Sheet” which is attached to this Agreement marked “C”; and
(iii) guest place cards; and
(iv) bonbonniere; and
(v) any extras (for example CD’s, toasting glasses, cake knife etc) and
(vi) confirmation of the Client’s Contractors and Suppliers contact details and
details of what they are providing; and
11.2 The Company shall not be liable for any of the consequences of the Client failing to comply with all or part of Clause 11.1
12. VARIATION OF PRICE AND SERVICES
12.1 The Client acknowledges and agrees that if any food, beverages, entertainment or equipment required for the Event are unavailable through circumstances beyond the control of the Company, that the Company shall be excused from providing any such food, beverages, entertainment or equipment and the Client agrees to the Company arranging to provide such alternate food, beverages, entertainment or equipment as are available.
12.2 The Client acknowledges and agrees that:
(a) the figures stated in the Event Order for the provision of the services are calculated
on the basis of the cost and availability of the food, beverages, entertainment and equipment of providing such services as at the date of the Event Order; and
(b) the Company may at its sole discretion increase the prices stated in the Event Order.
12.3 The Client acknowledges and agrees that:
(a) the Client has no claim of any nature against the Company arising out of or in connection with any of the matters referred to in this Clause 12; and
(b) the Company shall not be liable for the loss of profit or consequential damages whether based on breach of contract, warranty or otherwise.
13. TERMINATION BY THE COMPANY
Not withstanding the other provisions of this Agreement the Company may terminate this Agreement immediately on the happening of any of the following events:-
13.1 (a) If the Client fails to make any payments or to observe, perform or fulfil any of his
obligations under this Agreement, or
(b) If the Client being a company enters into liquidation or if a receiver or official manager or provisional liquidator be appointed; or
(c) If the Client being an individual shall be declared bankrupt or insolvent or if the Client’s property shall be assigned for the benefit of creditors.
13.2 In addition to the Company’s rights pursuant to Clause 13.1.if for any reason beyond the Company’s control including but not limited to strikes, regulation or orders of any Authority, civil disorder, fire, flood or other emergency causes, lightning, storm tempest, acts of God, acts of war or other disabling cause which render the Company unable to perform its obligations under this Agreement, then such non-performance is excused and the Company can terminate this Agreement without further liability of any nature for any reason whatsoever.
13.3 The termination of this Agreement by the Company shall not prejudice or affect any rights or remedies of the Company against the Client on any account of any antecedent breach by the Client of any of the terms and conditions of this Agreement.
The Company may assign the benefit of this Agreement at its sole discretion.
15. REMOVAL OF GIFTS AND EQUIPMENT
15.1 The Client and the Client’s Contractors and Suppliers must remove from the Company’s
Property immediately after the conclusion of the Event all gifts, equipment and any other items that they may have brought onto or had delivered to the Company’s property.
15.2 The Company shall not be liable in any way to the Client or the Client’s Contractors or
Suppliers for any loss of or damage to such gifts, equipment and items whilst they are on or at the Company’s property.
15.3 The Company may dispose (as it deems fit) of any gifts, equipment or items that are left on or at its Property without being liable for consequential damages of any nature for any reason whatsoever.
16. WHOLE AGREEMENT
The terms of this Agreement may only be varied by further written documentation between the Company and the Client which is signed by both parties.
17. ACKNOWLEDGMENT AND AGREEMENT TO THE TERMS AND CONDITIONS
The Client acknowledges that he has read and understands the terms and conditions outlined in this Agreement and agrees to be bound by such terms and conditions.