Terms and Conditions
Thank you for choosing Found Collective (ABN 36845233086) (hereafter “our”, “we”, “us”) for your special day.
This is an agreement under which you (hereafter “the client”, “you” or “your”) agree to use the Services (the “terms”) supplied by us. Please read these terms carefully before booking with us or using our services.
The Terms below are important because they set out the rights and obligations of you as the Client, when using our Services (‘Your Booking’).
Your booking is confirmed once we have received a signed copy of the Terms but proceed to use our Services, you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
- SCOPE OF SERVICES
You have agreed for us to provide one or more of the following goods and services:
1) Styling consultancy;
2) Styling co-ordination, planning and set up/pack down; and
3) Item or equipment hire. (‘the Products and/or Services’).
2.0 PROVISION OF QUOTES OR PACKAGE OPTIONS
2.1 QUOTES AND PROPOSAL
a. We will provide you with a quote/proposal for hire of items, and/or package options which will be valid for you to consider for a period of 7 days from the date on which the options are provided.
b. During this 7-day period, the Products and/or Services offered, and a tentative date for the provision of those products/services, are held for you. You must confirm in writing that you wish to proceed with the proposed booking within this time period to reserve the Products and/or Services, as well as pay a booking fee and sign the Terms. All options for hire or packages are valid only for the specified event and date outlined on your invoice.
c. If you do not execute the Terms and pay the required booking fee outlined in Clause 3 of these terms within the seven (7) day period, then your tentative Booking will automatically lapse and will be available for another interested party to book us to provide the Services on your Booking Date.
d. Our wedding options and packages are for information purposes only and are not considered finalised until a formal booking is made, a Booking Fee is paid and our Terms are signed by you.
2.2 CHANGES TO PACKAGES AND OTHER SERVICES
a. Prices and package options for event styling and coordination are subject to change under the following circumstances:
(i) If the amount of work actually undertaken by us, as directed by you, increases during the course of the contracted period, beyond what has been outlined in any package offering.
(ii) If, during the course of the contract period, up to the Booking Date, the scale of the event, or the nature of the event (for whatever reason) changes and increases beyond what was initially discussed and agreed between us and you.
(iii) If you change your mind on certain styling elements, from what the original agreed concept was, and we must make additional changes to confirmed bookings and undertake further work.
(iv) Any increase in labour due to postponement (which has been mutually agreed between the parties) or last-minute changes, including additional fees incurred through installation plans having to change out of our control (such as installation having to occur on a different day than was planned, late night or early morning installations, delays more than 30 mins, or impact of inclement weather).
b. If it becomes apparent during the course of the contract period that a quote needs to be revisited, we will advise you and amend the quote. We have the right to pass on any increases in labour due to changes in award rates and conditions.
c. The additional charges are payable within 7 days of invoice.
3.0 RESERVATION OF SERVICES & BOOKING FEE
3.1 To secure our Products and/or Services, there is a minimum Booking Fee of $50 or 20% of the total invoice, where the booking is made six (6) months or more in advance. Where the booking is made less than six (6) months before the Booking Date, the Booking Fee is 50% of the total invoice. In addition, the booking form must be signed and sent to us, along with payment of the Booking Fee;
3.2 All hire bookings must be a minimum of $200 (not including the bond or delivery amounts).
3.3 All hire bookings are for a 3 day hire period, excluding linen hire which must strictly be returned within 24 hours of use (or 24 hours of your event).
3.4 You acknowledge that the purpose of the non-refundable booking fee is to not only secure your Booking Date, but also for any costs and expenses in doing so. The Booking Fee has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel the Services, regardless of whether we are able to rebook any event in your place.
3.5 In making the booking with us, and in accepting these terms and conditions, you acknowledge that you have been made aware that the Booking Fee is non-refundable and non-transferable in all circumstances (unless we make a decision otherwise in our sole discretion).
3.6 You acknowledge that failure to pay the Booking Fee or return the signed booking form may result in your Booking Date not being secured, or that the Products and/or Services may not be made available to you.
3.7 We will begin to fulfill the required contractual obligations upon receiving the Booking Fee and will finish on the Booking Date or when our last obligation has been fulfilled.
4.1 Each person who has executed these Terms will be jointly and severally liable for all payments owing to us.
4.2 All prices quoted are in Australian Dollars and are exclusive of GST
4.3 METHOD OF PAYMENT
a. Any payments may to us are to be made by bank transfer, details of which will be provided to you on your booking form / invoice.
4.4 PAYMENT SCHEDULE
a. The payment schedule is outlined on your invoice;
b. Except for final payment in accordance with Clause
4.3 below, where we “stagger” the payment of amounts, as outlined in schedule, this is so as to ensure that you make payment for Products and/or Services provided up to the point of each payment date.
4.5 FINAL PAYMENT
For all hire bookings, final balance of your invoice is strictly due 14 days prior to your event date.
For all event styling, planning and coordination service bookings, the final balance of your invoice is strictly due 30 days prior to your event date.
4.6 FAILURE TO PAY
If you fail to pay us any amount when due, we reserve the right to suspend or withhold access to any products and/or services provided or supplied by us to you, or the performance of our services until payment is made.
5.0 POSTPONEMENT OR CANCELLATION OF WEDDINGS OR EVENTS
5.1 POSTPONEMENT OF EVENT
a. In the event you choose to or, you are forced to postpone the event due to reasons outside of the control of either party (including those outlined in the Force Majeure Clause below), we will work with you and endeavor to find a mutually agreed date to reschedule.
b. Where the parties cannot mutually agree to an alternative date and for whatever reason, the event cannot be rescheduled, the Booking Fee and any additional payments for work performed to the date of cancellation, made to us remain non-refundable or transferable.
c. We agree to hold a booking for 12 months from the original event date, for you to reschedule your event. All payments received for service/hire from us or third parties will be confirmed if they can be transferred to this mutually agreed new event date. We may pass on any price increases to you as a result of date changes. Please note that only one event date change/postponement will be permitted per Client, under the original quoted price. If you are in position where you must postpone a second time, additional fees may apply.
5.2 CANCELLATIONS BY CLIENT
a. You may cancel this agreement at any time, by notifying us in writing. The cancellation will be subject to the terms below.
b. If you terminate the contract or cancel your event, for whatever reason, prior to the event, you will be invoiced for service that we have completed up to the date of cancellation, plus any additional relevant fees.
c. We are not liable for the terms and conditions of the individual suppliers that have been sourced and booked for your event as these discussions must take place between you and the relevant suppliers.
d. You acknowledge that, if the event is cancelled, payments for all goods and services provided by us will not be refunded, as a result of the costs we have already incurred relating to planning and administration costs.
e. Further, you remain obligated to pay for any Products and Services provided but for which we are yet to invoice.
f. Should the Booking be cancelled within 60 days of the Booking Date, you are liable to pay us the full remaining invoiced amount due to time spent on planning, coordinating and administration. You are also liable for any additional fees and charges that may be a result of the cancellation.
5.3 CANCELLATION BY FOUND COLLECTIVE
We may terminate the contract with you if you are in breach of the Terms & Conditions of the contract/agreement, i.e. by non-payment of invoices by the due date. You will be responsible for all fees and disbursement incurred or accrued prior to termination.
The parties agree to positive cooperation and communication for the best possible result within the definition of this assignment. We are not responsible for key individuals’ failure to be present or to cooperate during any meetings with us, or the Booking itself.
7.0 YOUR OBLIGATIONS
7.1 You understand that we require fair, realistic notice in order to attend to requests and projects. Poor planning or miscommunication on your part will not be treated by us as an emergency. You understand that we may require detailed clarification of events/projects to meet your expectations and provide the best support and highest quality work.
7.2 You will provide all content, mood board (if required), outlines, inspiration photos, and other pertinent information necessary for any special projects,including custom builds. Source material must be clear and legible, and received a minimum of 90 days prior to the Booking Date. You are responsible for providing all pertinent information, and accurate, truthful and complete information, necessary for us to perform or complete the Services for the Booking Date. Where you do not meet the above, no changes will be made or further costs will be incurred. Once all information has been agreed, including the mood board, concepts, suppliers and bookings, and further changes wish to be made, a further fee may be incurred by you.
7.3 You are obliged to provide us the following documentation fourteen (14) days before the Booking Date, including but not limited to, guest lists, dietaries, seating charts, runsheets, floor plans, table design plans and supplier information, and e-mail addresses of relevant guests.
7.4 You understand that last minute changes can impact the quality of the event and as a result, we will not be responsible for these compromises in quality nor guarantee that such changes can be made.
7.5 You agree to the following deadlines during the planning process:
7.5.1 All the Booking Date concept decisions are to be finalised and vendors chosen at the earliest convenience and no changes can be requested from two (2) months before the Booking Date.
7.5.2. All detailed orders are to be finalised atleast two (2) months before the Booking Date.
7.5.3. No new service requests are to be made during the last month before the Booking Date.
8.0 HIRE AND USE OF ITEMS
8.1 OWNERSHIP OF HIRE ITEMS
All items used or hired by you are owned by us and for hire only and must be returned to us by the agreed and confirmed date and time of return, unless otherwise stated on your invoice.
a. If you choose to use any of our furniture pieces or décor for your wedding or event, a refundable bond will apply and be added to your final updated invoice which will be due with your final payment.
b. The bond is refunded to you up to 10 days after the return of our items, via bank transfer, if items are returned in their pre-hire condition. If there has been damage to items, and further cleaning is required, this period may be extended.
c. In addition to the terms below, if items are damaged or lost, your bond will not be refunded and if your bond does not cover the loss/damage costs, you will be charged in full for the additional damage/loss of the items, in which you are liable to pay.
8.3 CHANGES TO HIRE BOOKINGS
a. You must inform us of any changes to quantities of hire items booked (including but not limited to linen and cutlery quantities) no less than 14 days prior to the event/booking date.
b. Should you wish to make any changes which result in a reduction in quantities of items booked for hire, within 14 days of the event, you will be liable for full payment of the hire items already noted on the booking. Due to short notice no refund for the difference will be issued.
c. Should you wish to increase the quantities of items booked for hire (or add additional hire items), within 14 days of the event, this will be subject to the availability of the requested items.
8.4 PICK UP & RETURN OF HIRE ITEMS
a. For client who request to pick up and return hire items to us, we will be in contact with you in the 7-14 day lead up to your booking date to confirm pick up details. We will provide you with the address and confirm a pick up date and time with you. This information is strictly confidential and our address is not to be shared with anyone else, as it is a residential address.
b. We offer contactless pick up and returns, so it is important that you attend the premises to pick up your hire items at the time we confirm with you. We cannot guarantee your items will be accessible if you do not come at the agreed time.
c. We will also confirm with you when items must be returned to us following your booking date. You must strictly adhere to this return date and time, or late fees will apply.
d. For items such as linen, if these are returned late, it will incur a minimum $60 per day late fee + GST. If linen is returned more than 24 hours later than agreed we reserve the right to invoice you for the replacement cost of all items booked.
8.5 DAMAGE OF ITEMS OR LOST/MISSING ITEMS
a. To the extent permitted by law, you are responsible for any loss, theft, damage or destruction items from the time of delivery, or from the time it is collected until the time you return it.
b. You must inform us of any loss, damage, theft or destruction immediately upon being made aware of the same.
c. You are responsible for checking any missing, damaged or incorrect items within four (4) hours of delivery to you, or pickup from us. Failure to notify us may not allow time to rectify the item before it needing to be hired to another Client.
d. Any loss or damage of our equipment caused by negligence or willful act or omission whilst in your possession (during the hire period) or the breach of any of these terms by you, you shall without limitation be liable for;
(i) any costs or loss incurred by us in repairing or replacing the equipment a result of the damage; and
(ii) hire charges for the equipment until the equipment is repaired or replaced;
(iii) if possible, locate and return (or pay any delivery costs of its return upon being found) of the items.
e. We may include spare items in your hire booking, in addition to your order quantity. The quantity of spares will be communicated to you prior to your event, and written on the packaging provided to you upon delivery or pick up. You are liable to ensuring all spare items are returned, any loss or damage to spares, you shall be liable for (as per 8.5.d above)
f. If our equipment is not in good repair, appearance and condition when it is returned to us, you must immediately reimburse us for the actual expense of those repairs or replacement of the equipment. Payment for replacement items does not then mean you are entitled to ownership of the damaged equipment.
g. We will use our best endeavours to remove stains from table cloths, napkins, and the like;
(i) Where irreparable damage, missing items or theft occur to tablecloths, napkins or the like, you will be charged at the nominated replacement price contained and subject to these Terms and Conditions. Please note that these prices are a guide and may be subject to increases, due to shipping costs increasing or supplier pricing being adjusted. These prices also exclude GST.
(ii) Round Tablecloths at $90 each;
(iii) Trestle tablecloth at $82 each; and
(iv) Napkin at $5 each.
h. It is at our sole discretion as to whether we choose to repair or replace the equipment, so long as the decision to do so is made on a reasonable basis.
i. You are liable for, and indemnify us against any loss or damage suffered as result of the actions of a third party (including but not limited to the venue, venue staff or guests).
j. An invoice will be provided by us to you. It is your responsibility to recover any of these additional damage/loss costs incurred from the third party.
k. We reserve the right to engage debt collection services for any invoices not paid in full by the due date for any lost/missing or damaged items and the costs associated with engaging that debt collection service will be passed on to you.
8.6 CANCELLATION OF ITEMS BOOKED FOR HIRE
a. All cancellation of items booked for hire must be submitted in writing to us no less than 30 days from date of the event.
b. Your payment of the Booking Fee is non-refundable. If you wish to postpone or reschedule your event, we cannot guarantee the items booked for hire will be available on the new event date.
c. In order for the items and our services to be available on a new event date, that date must be within a 12-month period from the original date. We may, at our discretion offer to transfer the booking fee/deposit to this new date.
d. Should the items booked for hire be cancelled by you, within 30 days of the event, you will be liable for full payment of the hire items. Due to short notice no refund will be issued.
8.7 UNAVAILABILITY OF ITEMS
a. You acknowledge that you will be hiring items that will be used by other clients prior to their event date.
b. Where an item(s) is hired prior to your event date, and the item is damaged or lost, and cannot be repaired to a standard satisfactory to you before your hire date, we cannot be held liable or responsible for its inability to provide that item.
c. We will notify you as soon as possible and try to offer an alternative, if possible. In the absence of alternative item(s) being offered, we will offer you a refund based on the value of that damaged/lost item(s).
d. We must be allowed suitable time to rectify any issues with an item before the issuing of a refund is considered.
8.8 DELIVERY, COLLECTION & SET UP OF ITEMS
Delivery, set-up or collection of our items or other supplier items (including your own items) to additional locations not mentioned in the original order/booking will incur additional delivery fees. In the event of delays in completing the Set-Up or Collection as planned, caused by, but not limited to, third party suppliers, your venue, or wedding party, a minimal additional fee of $60.00 per hour excluding GST per on-site Found Collective staff member or contractor on site is payable by you. Where you have booked us to set up your arbour, you are responsible for giving us clear instructions on exactly where you would like it set up. Found Collective does not take responsibility for set up not being in the correct place if we have not been provided with detailed instructions and an onsite contact person to provide direction.
8.9. INVENTORY HIRE ONLY (excl Package Clients)
If you request that we set up hired Found Collective inventory items, relevant set up fees will be charged accordingly, in addition to hire and delivery /collection fees. Set up may include placement of our items in the predetermined area as agreed by you.
8.10 USE/HIRE OF FOUND COLLECTIVE ITEMS FOR STYLING/ COORDINATION CLIENTS
a. For Clients who book our styling and coordination event packages, who choose to use/hire our inventory as part of their event:
(i) set up may include the placement of inventory items in the predetermined area, as agreed by you.
(ii) Depending on the size of items and the amount of inventory you wish to hire, we may charge further delivery fees in addition to those originally quoted. For example, if more time is required for packing, loading, unloading, more than one trip to the venue is required, or a vehicle must be hired in order to deliver the items requested.
(iii) Where we deliver the items to your location, we will not be held responsible for any damage that occurs during the transportation of such items, regardless of whether or not those items are still able to be used on your Booking Date.
b. Your use/hire of our items is subject to item availability on your event date. You should be aware that we may book a number of events on the same date. If you wish to use/hire our items, you must notify us in writing with a list of items you wish to hire. We will notify you if the items are available for your event and list the items on your booking/invoice to confirm.
8.11 CARE OF HIRE ITEMS, CLIENT SET UP AND PACK DOWN RESPONSIBILITY
a. Unless otherwise agreed with us, you are liable for ensuring all Found Collective items are packed up and ready for collection in the manner in which they were delivered, by the agreed collection time. If your venue or event coordinator (or other person) is completing the pack down for you, you are responsible for passing this information on to the relevant person. Should you fail to do so, and this result in us (or our driver) spending additional time packing the items down or locating missing items, you may incur additional fees.
b. Where agreed that we will “pack down” the event, or certain items for you, you must identify that you require this service as part of your chosen package prior to the Booking Date.
c. All florals and signage must be removed from Found Collective inventory, including tables, arbours, vases etc.
d. All arbours must be dismantled after use and stored out of the weather while not in use. Arbours must be dismantled ready for us to collect (if we are collecting for you). If the arbour is not dismantled, additional fees may apply.
e. All linen must be stripped from tables, knots untied from napkins and placed in the branded linen bags provided by us. Any linen that is wet or badly soiled must be placed in a separate garbage bag or linen bag to the dry used linen.
f. Our branded linen bags must be returned with all of our other hired items. If any of our linen bags are missing, damaged or lost you will be charged a replacement fee (+ shipping).
g. For some linen bookings we provide spare napkins or tablecloths. This will be indicated on your paperwork when you receive the items (as well as via email prior to the booking date. We include spare linen just incase you are setting up and find a mark on something. Any spare linen that is not required to be used must be kept pressed flat or folded in the packaging the way it has been presented when delivered. Please do not mix the clean unused linen with the dirty linen. If the spare / clean linen is mixed in with the dirty linen, additional fees may apply.
h. Open flamed candles are not to be placed on our linen, such as any candles without a glass sleeve around it and on a tray/plate/holder to catch wax drips. If any extra time is required in cleaning wax from our linen or if it causes permanent damage, you may incur additional fees for cleaning, damages or replacement costs.
i. Cutlery is to be rinsed and placed in the storage they came in. Fabric cutlery cases and storage boxes provided must all be returned or additional replacement fees will apply for any missing storage as well as cutlery pieces. Cutlery is not to be left soaking in water as it can cause damage to the coating.
j. All candleholders must have candles and wax removed from them. If we have to remove florals, clean candlewax from candleholders, or spend additional time cleaning items or at the venue to pack up items, additional fees will be charged to you.
k. For any arbour hire, please ensure you (or the person setting up, moving or packing down on your behalf) only lift, set up and dismantle the arbour with a minimum of two able people.
l. For arbour hire we provide weight bags. You are responsible for securing the arbour using the weight bags provided. All weight bags and weight bag covers must be returned to us, or additional replacement fees apply. You (or the relevant party) must only lift 1 weight bag at a time, and only if you are physically able.
m. Carefully remove any dirt, mud, marks, tape or anything that has been stuck to our arbour or signage stands before returning. All of our inventory items must be stored out of the weather while not in use. If our items are left out in weather and are damaged or require extra cleaning, additional fees will apply.
n. You acknowledge that where you have engaged our services to “pack down”, these services do not include the removal of items such as food scraps, bottles or cans and general rubbish that would ordinarily be services expected of cleaners. We cannot be held responsible for any failure to adhere to venue cleaning requirements and the responsibility to engage services of this nature are not within the scope of our services.
8.12 OTHER SUPPLIER ITEMS
a. All items that have been hired by you from other suppliers, which we have sourced as part of the event styling or coordination package, must be packed up by you in accordance with the relevant supplier’s terms and conditions.
b. We are not liable for additional fees incurred from other suppliers if items are not packed up or ready for collection. This applies to Clients who have not booked our pack down services or engaged Found Collective to pack these items up.
c. We are not liable, in any instance, for damage to other supplier items, or missing/lost items. This includes if you are charged additional fees by other suppliers due to damage or loss of items. You are liable for reading, understanding and adhering to any terms and conditions that apply to other suppliers.
You are liable to take out all prudent insurance for any event planned or styled by us and to apply such insurance towards reinstatement in the event of any claim and indemnify us in connection with any loss, damage or expense suffered by us in connection with such event. It is also your responsibility to ensure all other vendors or contractors that will be in the same location as the items have the necessary insurance should any loss, damage or expense is suffered by us.
10.0 WEDDING PLANNING, STYLING AND COORDINATION SERVICES
10.1 We commit to assisting you in finding your preferred event supplier or service provider. In doing so, you acknowledge that you make your decision to use the event supplier or service provider independently of any statement or representation by us. You are under no obligation to work with any vendors to whom we introduce.
10.2 The information provided to you by us is within warranties of any kind, either express or implied. We disclaim all warranties, including implied warranties of merchantability, fitness for particular purpose, title and non-infringement to the fullest extent permitted by law.
10.3 Found Collective is expected to deal directly with the supplier or service provider and we do so on a non-binding basis and all payments need to be made to that supplier or service provider by you in accordance with the relevant terms and conditions of that relationship.
10.4 Found Collective will not be directly, indirectly or consequentially liable in tort, contract or otherwise (and as permitted by law, product liability) to you or any third party.
10.5 You agree to indemnify, defend and hold harmless Found Collective from any claim, demand, loss, costs or expense made by any person arising from your relationship with a supplier or service provider introduced by Found Collective.
10.6 You acknowledge that if you need to change the date or venue of your event, you risk any deposits or expenses paid to the supplier or service provider and those payments are your responsibility as the contracted party. Found Collective strongly recommends to you that you review the terms and conditions of that supplier or service provider before proceedings to accept goods or services. We cannot and will not give you advice on these contractual arrangements and you must take the opportunity to obtain independent advice, whether legal or otherwise, in relation to these contractual arrangements.
11.0 INTELLECTUAL PROPERTY
11.1 You agree, by paying the Booking Fee and signing the booking form, to expressly grant Found Collective permission to use photos from your event in various forms of advertising promoting Found Collective products and/or services. Where images are provided by your photographer, appropriate credit will be given.
11.2 Found Collective may use and publish photographs of all persons, flowers and décor involved in the event for editorial, trade, advertising, website use, or any other purpose and in any manner and medium that they see fit to promote Found Collective services and inventory.
11.3 Found Collective may, at their cost and discretion, document aspects of your event with photography, video and or written word with Found Collective’s selected suppliers. Found Collective will be respectful of your privacy and anonymity by not including your name or photos of you and your guests if you do not wish for this information to be published.
11.4 All creative work and hire items provided by Found Collective must be credited accordingly. All publications (media, print, blog, social media) must credit Found Collective as the supplier for the concept and items hired within your quote/invoice. All subcontractors/third party suppliers must also credit accordingly when using Found Collective services or products.
12.1 You agree, while working with us, both prior to your Booking Date and during, you are not to undertake any illegal or dangerous activities that threaten our safety and well-being.
12.2 Unless legislation provides otherwise, it is your responsibility to ensure you, and other vendors, are following health government regulations (including those relating to COVID-19 and those restrictions relating to gatherings and social distancing).
12.3 If these regulations are not strictly adhered to and we feel our personal safety is at risk, we reserve the right to exit the location and cease our duties. In doing so, you will forfeit any fees paid.
12.4 We are not responsible for the failure of the participants and guests to follow any government health regulations (including those in regard to COVID-19, restrictions on gatherings and social distancing).
12.5 To the fullest extent permitted by law, we will not be liable to you or any person for any claim resulting from issues relating to COVID-19 and the following of mandatory rules and regulations relating to the same.
13.0 SUBCONTRACTING OF SERVICES
In the unlikely event of severe medical, natural, or other emergencies, we will make every effort to secure Services in replacement. If suitable replacement Services are not found, responsibility and liability is limited to the return of all payments received by us for the Services.
14.0WARRANTY, LIABILITY AND INDEMNITY
14.1 To the extent that the Australian Consumer Law allows, we provide the Services on an “as is” and “as available” basis and disclaim all representations, warranties, and conditions of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), and including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title or ownership.
14.2 To the fullest extent permitted by law you agree that neither we nor our employees, officers or contracted personnel will be liable to you or any person for any loss, damage, claim, cost or expense resulting from or arising out of your use of (or inability to use) our Services. This includes any direct, indirect, or consequential loss, even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
14.3 To the fullest extent permitted by law, you agree to indemnify us, and our officers, directors, employees from and against all claims, including reasonable legal costs, resulting from any breach of the Terms or any activity related to your use of the Services, (including, without limitation, infringement of any third party’s copyright, trade mark, patent or other intellectual property rights anywhere in the world or any negligent or wrongful conduct) and any liability for any claim, whether direct, indirect, incidental, special and/or consequential loss even if such loss was not contemplated at the time of making the Booking or accepting these Terms.
15.0 FORCE MAJEURE
15.1 We will not be liable or responsible for any failure to perform, or the delay in performance of, any of our obligations under the Terms that is caused by any act or event beyond our control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by vendors (known as ‘force majeure circumstances’).
15.2 If a genuine force majeure circumstance occurs and means that the performance of our obligations under the Terms, has become impossible, we will contact you as soon as reasonably possible to notify you. Our Services will be suspended and the time for performance of our obligations under the Terms will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of our control occurs, but the circumstances still make the Booking possible (notwithstanding any inconvenience or hardship).
15.3 If you cancel the booking or vary the booking because the alleged event outside of our control causes mere inconvenience or changes the booking in a manner that does not suit you, any fees and charges that are deemed non-refundable remain so and we are only obliged to use our reasonable endeavours to provide an alternative date.
15.4 In genuine force majeure circumstances, we will endeavour to arrange a new Booking Date with you after the event outside of our control is over. Parties must use all reasonable endeavours to mutually agree on a new date, but if the parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies for Services not yet performed, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided, we will credit any amount paid already for a date that can be mutually agreed. Otherwise all money for Services not yet performed will be returned.
15.5 If you choose to book again and an event beyond our control is reasonably foreseeable, then the booking is done so at your own risk and we will not be liable for any loss suffered as a result of the failure of your second booking to proceed. We are under no obligation to provide a further date as a result of any cancellation or postponement.
16.0 SEVERABILITY AND WAIVER
If the whole or any part of a provision of this Agreement is or becomes invalid or unenforceable under the law of any jurisdiction, it is severed in that jurisdiction to the extent that it is invalid or unenforceable and whether it is in severable terms or not. This does not apply if the severance of a provision of these Terms in accordance with that clause would materially affect or alter the nature or effect of the parties' obligations under these Terms. Any failure by us to exercise or enforce any one or more of its rights under these Terms will not constitute a waiver of such rights unless such waiver is granted to you in writing.
This agreement and any contract arising under it is governed exclusively by the laws of South Australia. Any legal proceedings relating to them can only be taken in courts with jurisdiction in South Australia. Where the law gives you a right to bring a proceeding in any other state of Australia, this clause does not in any way limit that right.
18.0 EXECUTION BY PARTIES
This agreement must be executed by each partner named. In instances where it is signed by one party, the signing party acknowledges and warrants that they have the authorisation to execute the agreement on behalf of the other party. In doing so, they also warrant that the other party has read and understood the Terms prior to providing permission to execute.