For the purpose of these terms and conditions, the following definitions apply:
1.1 ‘Event Order’ means the event order form provided to you prior to the event
1.2 ‘Business Day’ means any day from Monday to Friday inclusive, except public holidays
1.3 ‘The WACC’ means Whitsunday Arts and Cultural Centre and its managers, officers, employees and authorised agents.
1.4 ‘The WACC Premise’ means the premises situated at 13 Waterson Way, Airlie Beach
1.5 ‘Services’ means the services provided under the terms of this agreement.
2.0 Booking and Deposit
2.1 Event room space will only be held tentatively for seven days, from the date The WACC accepts
2.2 Confirmation of your booking is required in writing together with a deposit payment of your room hire
2.3 If The WACC does not receive a signed copy of the Booking Agreement document and a deposit within seven (7) days from the date of this letter, all space will be released and your booking will be cancelled. Deposits are non-refundable and will either be applied towards payment of final account or, in the event of cancellation applied towards payment of the cancellation fee
3.1 Payment of the balance of the Estimated Event Charge is due 1 week prior to the Event Date
3.2 Payment is to be made either by way of bank cheque, credit card or directly deposited to The WACC nominated account. Personal cheques must have prior approval.
3.3 This online merchant is located in Australia
4.0 Event Details
4.1 You are required to provide The WACC, in writing, particulars of all venues, beverages, entertainment, technical requirements, room setup, access time, starting time and finishing times in connection with your event and the number of persons you expect to attend your event. These details are required at least 21 days prior to the event.
4.2 The guaranteed number of guests attending the event is required by 4:00pm three (3) clear working days prior to the event, for catering and billing purposes. Increases of up to 10% are acceptable after this time. Should a guaranteed numbers not be received, the attendance indicated on the Event Order will be taken as final.
4.3 If the number of who attend your event differ by more than 20% from the number of persons notified to The WACC under paragraph
4.2 The WACC reserves the right to review the price charged for your meals and may relocate your function to an alternative function room.
4.4 All plans and designs for any exhibitions or displays that you propose to stage or present during your function shall be provided to, and will need to be approved by The WACC at least fourteen days prior to the event
4.5 Event attendees must leave the designated function space at the closing hours indicated on the Event order, unless agreement has been arranged prior to the commencement of your event
4.6 You must ensure that nothing is nailed, screwed or adhered in any way to any wall, door or other part of the building unless The WACC grant prior permission
5.0 Event Cancellation
5.1 The WACC must receive any cancellation of an event booking in writing. In the event of a cancellation the following cancellation penalties will apply
a) 120 days plus before the event, no penalty charges will incur
b) 91-120 Days prior to the event, Room hire will be with held
c) 61-90 Days prior to the event, 40% cancellation fee will apply based on Estimate Event Charge.
d) 31-60 Days prior to the event, 50% cancellation fee will apply based on the Estimated Event Charge.
e) 14-30 Days prior to the event, 75% cancellation fee will apply based on Estimate Event Charge
f) Within 14 Days a 100% cancellation fee applies
5.2 The WACC reserves the right to cancel an event booking should any of the following apply
6.0 Circumstances beyond the control of The WACC
6.1 If The WACC is unable to provide the facilities or any other arrangements for your event, or any part thereof, or to otherwise perform the terms of this agreement, and The WACC failure is due to
circumstances beyond its decision or control, Magpies Sporting Club is not responsible for any costs, damages or expenses that you may suffer or incur. In these circumstances The WACC will endeavour to assist with making alternative arrangements.
7.0 Special Effects
7.1 Smoke Machines, special balloon effects and / or pyrotechnics can not be operated without prior approval from the Weddings Co-ordinator. Should a Fire Brigade respond to an alarm in a Function Room, which has been set off by an unauthorised use of any equipment, you will be liable for any charges incurred by The WACC, even if this occurred due to contractor that you have attending your function.
8.0 Conduct of the Event
8.1 Your Event must be conducted in an orderly and lawful manner and in accordance with the conditions attaching to The WACC licenses granted under the Liquor Act 1992.
8.2 The WACC may terminate your event if The WACC believes that your event is not being
conducted in an orderly and lawful manner
8.3.1 The WACC has no responsibility to you for any costs, damages or expenses that you may incur in relation
to The WACC termination of your event
8.3.2 The WACC may exclude or remove and persons or possessions from your event or from The WACC premises
8.3.3 No Food or beverage of any kind, other than that provided by The WACC, will be permitted onto The WACC property without consent of TheWACC Wedding Co-ordinator
8.3.4 The WACC practices principles of responsible service of alcohol. Intoxicated, unduly and persons without correct identification caught consuming alcohol will not be served alcohol and will be removed from the premises.
9.1 A labour surcharge of $2.00 per person, per hours or part thereof, is applicable if an event continues after the agreed conclusion time. In addition to this any entertainment for the event will also incur extension fees
10.0 Items not collected
10.1 Any items that have not been collected after the event will be disposed of within seven (7) days
11.0 The WACC Waives responsibility for:
11.1 Theft, damage or loss of any goods brought onto the The WACC premises
11.2 Any ill effect, suffered from food or beverage consumed, other than what is catered for by The WACC
12.0 Loss and damage to The WACC
12.1 You are responsible for all loss or damage to the property of the Function room (including The WACC premise and any fixtures, furnishing or goods on or off the premises) caused by or arising from any act or omission by you, your guests or any other persons attending your event.
13.0 Indemnity and Release
13.1 The Customer (and if the Customer is a corporation, the Directors of the customer) and its guests and invitees, unconditionally forever release, discharge and indemnify The WACC from and against all actions, claims, suits, rights, demands, costs, liabilities, loss or damage whatsoever arising (whether at common law, tort, in equity, under statute, or otherwise including but not limited to any breach of statutory duty, fiduciary duty and/ or negligence, accidents or other damage to the Premise or bodily injury including death, caused by negligence of its employees or agents) which the Customer or any third party may have now or in the future against The WACC and its employees, agents and contractors arising out of or in anyway directly or indirectly connected with provision of its services and The WACC Premises under this agreement.
14.0 Limitation of Liability
14.1 The WACC
a) Excludes all conditions and warranties implied into the agreement to the extent permitted by law;
b) Excludes any liability to the Customer of any indirect, special or consequential loss, costs or damages (including,but not limited to, loss of profits, loss or revenue, loss of bargain, damage to reputation and expectation loss) arising our of this agreement, including but not limited to The WACC, supply of, delay in supply or failure to supply The WACC premises and services under this agreement, whether arising as a result of any act, omission or negligence of The WACC or otherwise;
c) Limits liability for any breach of any such condition or warranty that cannot be excluded at law to the greater (at The WACC option) of:
i) Re-supplying those or equivalent services; or
ii) Paying the cost of having the services re-supplied
d) The WACC liability under this agreement is reduced to the extent that the Customers acts or omissions (or those of a third party engaged by Magpies Sporting Club) contribute to or cause the loss or liability.
15.1 Neither party may assign or attempt to assign or otherwise transfer any right or obligation arising our of this agreement without the written consent of the other party (which consent may not be unreasonably withheld or delayed), except that The WACC may sub-contract the provision of part of its Services and may, at its discretion assign its rights and obligations under this agreement of any related entity.
15.2 Failure by either party to exercise or enforce any right conferred by this agreement will not be deemed to be a waiver of any such right nor operate so as to bar the exercise or enforcement of the right or of any other right on any later occasion.
15.3 This agreement constitutes the entire agreement between the parties as to its subject matter and supersedes and prior understanding or agreement between the parties including any Memorandum of Understanding of Heads of Agreement and any prior condition, warranty, indemnity or representation imposed, given or made by The WACC
15.4 This agreement is governed by laws applicable in the State of Queensland and each party irrevocably submits to the non-exclusive jurisdiction of the courts of the State.