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.

 

1.0 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    QUOTE OR PACKAGE OPTIONS

a .   We will provide you with a quote for hire of items, and/or package  options which will be valid for you to consider for a
period of seven (7)  days (or five ( 5 ) business 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 pay a booking fee within this time period to reserve the Products and/or
Services. 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 7 day
period (5 business days), 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 provided for information  purposes only and are not considered finalised until
a formal booking is made and a Booking Fee is paid.

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 an y 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 differ ent 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 th an 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    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
loss suffered in the event that you cancel the Services,  regardless of whether we are able to rebook any event in
your place.

3.3     In making the booking with u s, 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).

3.4     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.

3.5     Subject to the terms and conditions contained within these Terms, your Booking Fee may be transferred to another date
if agreed between the parties.

3.6     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.

 

4.0 PAYMENTS 
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. For all Styling Consult bookings, the final payment is due to clear prior to  the agreed meeting date.

4.6    FAILURE TO PAY
If you fail to pay u s 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 a position where you
must postpone a second time, additional fees may apply.

5.2    CANCELLATIONS BY CLIENT

a.    You may cancel this a greement 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.

 

6.0 COOPERATION

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, outlines, photos, and other pertinent  information necessary for any special projects. Source
material must be clear and legible. 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.

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.

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 one (1) month 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, unless otherwise stated on
your invoice.

8.2     BOND

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 working days after the return of our items, via bank transfer, if items are returned in
their pre - hire  condition.

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.

8.3      CHANGES TO HIRE BOOKINGS

a.    You must inform u s 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     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 u s 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.

e.    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.

f .    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.
(ii)     Round Tablecloths at $90 each;
(iii)    Trestle tablecloth at $75 each; and
(iv)    Napkin at $4.50 each.

g .   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.

h.    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).

i .     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.

j .    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 .

8.5 CANCELLATION OF I TEMS 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 c a ncelled 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.

8.6 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.

8.7 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 or wedding party, a minimal additional fee of  $50.00
per hour per on-site Found Collective staff member on site is payable by you.

8.8 INVENTORY HIRE ONLY (excl Package Clients)
If you request that w e 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
agreed by you .

8.9 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 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.

8.10 PACK DOWN

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. Should you  fail to do so, you may
incur an additional fee.

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. All linen must be stripped from tables, knots
untied from napkins and placed in the storage they were delivered in. Cutlery is to be rinsed and placed in the storage
they came in. 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 .

d.    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 , or the cleaning of dishes,  that would ordinarily be
services expected of cleaners and/ or caterers. 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.

8.11 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.

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.

 

9.0 INSURANCE
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
proceeding 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.

 

12.0 SAFETY

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 (in cluding 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 regulation
(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.

 

14.0 WARRANTY, 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 cons equential 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, includ ing  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 the
intellectual property rights an ywhere 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 o f 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 tha
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 even
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.

 

17.0 JURISDICTION
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.