VENUE HIRE AGREEMENT
Integrated Education Ltd (Trading as Songbird Retreat)
hello@songbirdretreat.co.nz
www.songbirdretreat.co.nz
PAGE CONTENTS
1. Consumer Guarantees Act
2. Definitions/Interpretation
3. The Event and Hire of the Venue
4. Booking Procedures
5. Bond
6. Other charges
7. Vehicle access
8. Use and Care of the Venue
9. Food, Alcohol & Water
10. Noise
11. Security
12. Health and Safety
13. Cancellation
14. Insurance
15. Termination
16. Liability
17. Notices
18. Force Majeure
19. Inconsistency
20. No Waiver
21. Entire Agreement
22. Assignment
23. Severability
24. Exclusions
25. Personal Information
26. Accommodation
27. Wedding Co-ordinator
VENUE HIRE AGREEMENT
1. Consumer Guarantees Act
Nothing in these Terms and Conditions is intended to limit or modify any
rights that the Hirer may have under the Consumer Guarantees Act 1993.
2. Definitions/Interpretation
Unless the context otherwise requires:
2.1. “Agreement” means this Venue Hire Agreement, which incorporates
and includes the Venue Hire Booking Form, these Terms and Conditions
and any Schedules or Plans annexed to this Agreement.
2.2. “Booking Form” means and includes the Hirer and Event details and
the Schedule of Services (if any) attached to this Agreement.
2.3. “Deposit” means the initial payment to be made by the Hirer on
account of the Venue Hire Fee to secure the booking subject to Clause 4.1.
2.4. “Bond” means a bond, which is paid by the Hirer, held by the Venue
Owner and refunded after the Event, subject to Clause 5.
2.5. “Event” means the event for which the Venue is hired as described in
the Booking Form, subject to Clause 3.1.
2.6. “Hire Period” means that period during which the Hirer will hire the
Venue as agreed with the Venue Owner.
2.7. “Hirer” means the person named as Hirer in the Booking Form and
includes where applicable its directors, employees, officers, contractors,
agents, ticket holders, and invitees.
2.8. “Venue Owner” means The Venue Owner and operator of the Venue
or a designated person appointed by the Venue Owner to manage the
Venue on their behalf.
2.9. “Other Charges” means the charges payable by the Hirer in addition
to the Venue Hire (for example Songbird Cottage Accommodation).
2.10. “Payment Schedule” means the due dates for the payment of the
deposit and final invoices as set out in the Booking Form, or if not set
out in the Booking Form, the dates specified in Clauses 3.5, 3.7 and 3.8.
2.11. “Run on Rate” means the rate per hour or part thereof as calculated
by dividing the daily booking rate (Venue Hire Fee divided by the number
of days booked) by eight in addition to the Venue Hire Fee if the Venue
is accessed or used outside of the Hire Period, as set out in Clause 6.1c.
2.12. “Services” means and includes all technical, electric, water, supply
of equipment, parking, and other services (if any) to be provided by the
Venue Owner or any other person for the Event as detailed in the Booking
Form or as otherwise agreed in writing between the parties.
2.13. “Terms and Conditions” means these terms and conditions
as may be modified or added to by any specific terms or conditions
agreed in writing between the Hirer and the Venue Owner.
2.14. “Venue” means the the Accommodation, Barn, Grounds and
Garden, Luxury Toilet Trailer, rubbish bin(s), and any other facilities
as agreed between the Venue Owner and the Hirer in writing. .
2.15. “Venue Hire Fee” means the total fee to be paid by the Hirer
to hire the Venue as detailed in the Booking Form.
2.15. “Working Day” means the hours been 8am and 6pm on any
day other than a Saturday, Sunday, or public holiday in Auckland.
2.16. “Accommodation” means the property Songbird Cottage.
2.15. “Check in Date” means the date and time when the
accommodation will be made available.
3. The Event and Hire of the Venue
3.1. Nature of Event: The Hirer warrants and agrees that the Event
has been accurately described to the Venue Owner and as set out
in the Booking Form and that the Venue will not be used for any
performance or activity that is of an objectionable nature, is in
breach of reasonable standards of public decency or is likely to
create a nuisance;
3.2. Hire of Venue: The Venue Owner agrees to allow the Hirer to
use the Venue, Marquee and Furniture for the Event during the Hire Period
subject to the terms and conditions of this Agreement;
3.3. Venue Hire: The Venue Hire Fee covers hire of the Venue and
provision of the Services only. The Hirer will pay the Venue Owner
the Venue Hire Fee for the hire of the Venue and provision of the
Services;
3.4. Deposit Payment by Due Date: The Hirer will pay the Deposit
invoice within 7 days of the date of the invoice rendered and where
the Hirer fails to pay the amount on time, the Venue Owner may
cancel the Hirer’s booking and terminate this Agreement without
any liability to the Hirer;
3.5. Balance: The balance of the Venue Hire Fee is to be paid by
the Hirer in accordance with the Payment Schedule, or where there
is no Payment Schedule or payment dates are not specified, the
Hirer will pay the balance of the Venue Hire Fee at 90 days before
the Hire Period commences;
3.6. Services: the Venue Owner will provide the Hirer with the
Services in accordance with the provisions of this Agreement and
Booking Form. The Venue Owner warrants and agrees that the
Venue shall be provided and maintained with reasonable care and
skill, in compliance with all applicable laws and regulations, and
be fit for the particular purpose stated in the Booking Form (or as
otherwise agreed in writing between the parties). If chargeable, the
Hirer will pay the Venue Owner for the provision of any additional
services in accordance with the Payment Schedule;
3.7. Additional Services: Any Services requested by the Hirer and
provided by the Venue Owner and not detailed in the Booking
Form shall be paid for by the Hirer (whether or not such request
was verbal or in writing) within 5 days of the date of the invoice
rendered;
3.8. Balance/Final Payment: The Hirer will pay the Venue Hire
Fee less the Deposit (if any has been paid) and any Other Charges
(refer to clause 5) within 7 days of the date of the invoice rendered.
The Venue Owner will provide the Hirer with a tax invoice for the
balance of the Venue Hire Fee and any Other Charges.
3.9. Default Interest: the Venue Owner may charge interest for
late payment on all amounts due under this Agreement, calculated
daily at a rate of 5% from the due date until the date that the Venue
Owner receives payment in full of those amounts.
3.10. Recovery Costs: the Venue Owner may recover from the
Hirer all costs and expenses (including debt collection fees and
legal fees) the Venue Owner incurs trying to recover any overdue
amount from the Hirer including administrative costs of either 15%
of the overdue amount or $300.00 whichever is greater. This applies
on the basis of a genuine pre-estimate of loss to the Venue Owner
and is not intended to operate as a penalty.
4. Booking Procedures
4.1. Confirmation: No booking for hire of the Venue is confirmed
until the Hirer has completed and signed the Booking Form and the
Hirer has paid the Deposit as required under Clause 2.3. A booking
may be offered to other prospective hirers by the Venue Owner until
such time as it has been confirmed under this Clause 4.1.
4.2. Hours of Use: The Hirer is to include in their requested Hire
Period any set-up and pack-down time that may be required.
Hirers may not enter the Venue until the Hire Period starts, and
all Events must end at the completion of the Hire Period and the
Venue vacated.
4.3. The person who makes the booking (or the legal entity’s
representative as notified to The Venue Owner) is required to be
present for the duration of the Hire Period.
4.4. Hirer Age Restriction: Any person wishing to hire the Venue
who is under the age of 21 years old must have a parent or guardian
sign this Agreement and take responsibility for the booking and
compliance with this Agreement, and that same person must be
available to liaise with the Venue Owner and supervise the Event
throughout the duration of the hire.
5. Bond
5.1. A bond will be applicable for all Events as a guarantee against
potential loss or damage in the amount set out in the Booking
Form (Bond).
5.2. The Bond is required to be paid concurrently with the balance
of the Venue Hire Fee under Clause 3.5 but will be invoiced for
separately and held on Account by the Venue Owner.
5.3. Refund of the Bond shall only be made if all obligations under
this Agreement are fulfilled by the Hirer, no extra cleaning is
required and no damage to the Venue, Marquee, Furniture or Buildings is
sustained on inspection by the Venue Owner after the Event, otherwise any
applicable costs will be deducted from the Bond.
6. Other charges
6.1. In addition to the Venue Hire Fee, the Hirer will be charged
for any:
a. damage to the Venue or theft of any of the Venue’s property
from the Venue during the Hire Period. The Hirer may inspect
the Venue with the Venue Owner prior to the Hire Period to take
note of any existing damage.
b. extra cleaning, rubbish removal, repair or reinstatement of the
Venue that the Venue Owner reasonably considers is required
after the Event.
c. hour or part thereof that the Hirer continues to occupy the Venue
after the end of the Hire Period whether or not it has obtained
the Venue Owner’s consent and without prejudice to the Venue
Owner’s other rights under this Agreement or at law, at a Run
on Rate as defined in this Agreement or as otherwise agreed
between the parties. During the run on period, the Hirer will
otherwise continue to occupy the Venue and/or Areas on the
terms of this Agreement; and
d. costs, expenses or losses incurred by the Venue Owner as
a result of a breach or non-observance of the Terms and
Conditions by the Hirer.
6.2. Changes: If the Hirer wishes to add to or change the details,
not including the date of the event, set out in the Booking Form
after this Agreement is entered into, the Hirer may be charged an
additional amount to cover the Venue Owner’s administrative costs
in making this change and all further Services or facilities of any
kind requested by the Hirer are subject to availability and the further
costs. An administrative cost will be charged in addition to any
Venue Hire Fee or Other Charges. The Hirer will be notified and must
agree to all such additional charges and any terms and conditions
applying to the grant of the Hirer’s request before the changes will
be agreed to by the Venue Owner. If the Hirer wishes to change the
date of the event set out in the booking form after this agreement
is entered into, this will be considered a Cancellation and Clause
13.2 will apply, unless otherwise agreed to by the Venue Owner.
7. Vehicle access
7.1. Approval must be obtained from the Venue Owner for vehicular
access to any areas of the venue that are not the main access road
or designated parking. Should vehicles access the lawns without
prior approval of the Venue Owner, a damage and repair fee may
be deducted from the Bond. Accessing neighbouring land is not
permitted and any signposts showing ‘Private - No Access’ must
be adhered to.
7.2. The Hirer must comply with the current planning consent
requirement, which stipulates the maximum number of cars being
parked at The Venue should not exceed 8 (not including those cars
parked at Songbird Cottage), and the use of coaches/busses and
taxis to transport guests to The Venue being the required option.
7.3. The Hirer must not permit their guests to park on Frost Road or
Leigh Road (in the bus stop), nor on roads in Matheson Bay unless
they are staying in accommodation there.
8. Use and Care of the Venue
8.1. Capacity: The capacity of the Venue, as agreed in the Booking
Form, must not be exceeded at any time. It is the Hirer’s responsibility
to understand the capacity and ensure it is not exceeded. If the
capacity is exceeded, then the Venue Owner reserves the right to
require the number of Guests be reduce to within the venue capacity
or to immediately cancel the event should The Hirer not immediately
comply with this requirement.
8.2. Health & Safety Plan: The Hirer will, only if requested to do
so by the Venue Owner, provide a detailed health and safety plan
for the Event that is acceptable to the Venue Owner in all respects
as soon as possible after this Agreement is signed, and in any event
at least Fourteen Working Days before the commencement of the
Hire Period. The Hirer will not be permitted to access the Venue
during the Hire Period until such time as this Clause 8.2 has been
complied with to the Venue Owner’s satisfaction.
8.3. Proper Conduct: During the Hire Period the Hirer shall
conduct and manage their use of the Venue in an orderly and
lawful manner, and shall remain responsible for the conduct of
its guests, suppliers, vendors, employees, officers, contractors and
agents and shall ensure that none of them behave in any riotous,
offensive or disorderly manner (including drunken behaviour) or in
such a manner that is likely to cause danger or annoyance to those
attending the Event or the Venue Owner or damage the property or
reputation of the Venue or the Venue Owner. The Hirer acknowledges
that the Venue Owner may eject or refuse admission to any person
who fails to behave in accordance with the standards required by
this clause.
8.4. Licenses, Permits, Consents and Authority: The Hirer must
at the Hirer’s expense obtain all licenses, permits and consents that
may be required for the Event, and if requested, provide the Venue
Owner with copies of these at least Fourteen Working Days before
the Hire Period commences.
8.5. Compliance with Laws: The Hirer will comply with all
applicable statutes, regulations, bylaws, and rules of conduct for
the Venue including but not limited to health and safety policies.
8.6. Reasonable Care Required: During the Hire Period, the
Hirer shall ensure that all reasonable care is taken in the use and
occupation of the Venue so that, with the exception of fair wear and
tear, the Venue will be left in the same condition upon completion of
the Hire Period as it was at the commencement. In this regard the
Hirer shall not permanently mark, paint, drill or otherwise deface
any part of the Venue, including lawns, or make any alteration to the
structure, lighting, lawns, plants or trees of the venue. This includes
taking tree or floral cuttings for wedding decorations.
8.7. Prohibited Goods/Activities: During the Hire Period the Hirer
must ensure that: no firearms, explosives, flammable liquids or
other hazardous or dangerous substances (including fireworks or
pyrotechnics), nor any heavy plant, machinery or other equipment
which may cause damage or injury to property or persons are
brought into the Venue; and no lottery, raffle, betting, gambling or
game of chance of any kind is conducted in the Venue.
8.8. No Smoking: The Venue is a strictly ‘no smoking’ Venue, apart
from the designated smoking area, and the Hirer must strictly
adhere to and enforce this policy and the requirements of the
Smoke Free Environments Act 1990, and Smoke Free Environments
Amendment Act 2003 at all times.
8.9. Electrical Use and Installation: The Hirer must not connect
any electrical installation or equipment or fitting to the electricity
supply of the Venue without obtaining the prior approval of the Venue
Owner to such connection or installation and provided always that
such installation or connection as approved by the Venue Owner is
carried out at the Hirer’s cost by a suitably qualified and certificated
person as required by current New Zealand legislation.
8.10. Temporary Structures: The Hirer shall not construct or
erect any rigging, scaffolding or other temporary structure without
obtaining the prior approval of the Venue Owner. Where additional
Council consents are required to erect Temporary Structures, these
will be obtained at the Hirer’s own costs and all documentation will
be provided to the Venue Owner at least Fourteen Days prior to the
Hire Period or on the Venue Owner’s request, noting that Council
consents are not required for Marquees for weddings.
8.11. Decorations: Decorations must be approved by the Venue
Owner prior to being installed in the Venue. Any approved
decorations are to be completely removed by the Hirer as part of the
pack-down. Confetti can be used, however it must be biodegradaable.
8.12. Cleaning: The Hirer must comply with the Venue Owner’s
directions in relation to the cleaning of the Venue. All rubbish must
be placed within the rubbish bin(s) provided and any excess rubbish
must be removed offsite by the Hirer at the end of the event and
within the Hire Period.
8.13. Repairs and Reinstate: The cost of any repairs and additional
cleaning required by the Venue Owner to reinstate the Venue to a
clean and tidy condition will be deducted from the Bond and further
costs will be charged to the Hirer in addition to the Venue Hire Fee
and any other charges.
8.14. Removal: All equipment and supplies relating to the Event
must be removed at the end of the Hire Period. The Venue Owner
may take a lien over and dispose of any equipment and supplies
that have not been removed within a reasonable time after the Hire
Period (provided that the Venue Owner has given reasonable written
notice to the Hirer to remove such equipment and supplies) and
apply the proceeds to discharge the costs of disposal and/ or any
money owing to the Venue Owner. The Venue Owner accepts no
responsibility for equipment left in the Venue by the Hirer.
8.15. Venue Owners staff: The Venue Owner reserves the right
to have staff and/or contractors present at the Venue at any time
during the Hire Period.
8.16. Photography: The Venue Owner may take video and
photographs of the Event. The Venue Owner may use any such
videos and photographs within their own marketing to promote
the Venue, including social media advertising.
8.17. Animals: No animals are permitted at the Venue, other than
guide dogs for the visually impaired, registered companion animals
or official animals of the NZ Police, without prior permission on the
Venue Owner. Up to 1 dog is normally permitted at the Venue for
a Wedding, providing it is kept on a lead and you adhere to the
following dog rules:
• The dog must not go upstairs or climb on any of the furniture
• All dog poop must be picked up and disposed of
• The dog must not swim in any of the ponds
8.18. Power, Lighting & Heating: Removal or moving of lights are
not permitted. Only the Hirer or approved Vendors can access the
lighting switches and power sockets. Children must be kept away
from them at all times. Heaters are permitted to be used, providing
they are kept at a suitable height not to burn or scorce the grass.
8.19. Vendors: The Venue Owner will provide the Hirer with a list
of ‘Partner Vendors’ and a separate list of ‘Recommended Vendors’.
‘Partner Vendors’ are those vendors whom the Venue Owner has
selected based on their knowledge of the venue and past care when
providing services at the venue. The Hirer is therefore required
to only use vendors from the ‘Partner Vendor’ list, which covers
services such as Marquee & Furniture, Catering, Drinks/Chiller
Trailers, Entertainment and Transport, unless those vendors are
unable to provide their services/products on the dates required,
or, by special arrangement with the Venue Owner.
The Hirer is at liberty to use vendors from the ‘Recommended
Vendors’ list if they so wish, or use other vendors of their choice.
In both cases, the contractual relationship is solely between the
Hirer and their Vendors that they appoint and the Hirer must take
all responsibility for Vendors whilst they are on site.
9. Food, Alcohol & Water
9.1. Alcohol: No alcohol is to be sold, supplied or consumed at the
Event without the prior consent of the Venue Owner. If alcohol is
sold during the Event, the Hirer must comply with all conditions
and requirements of any applicable liquor license and obtain any
additional licenses that may be required for the Event. The Venue
Owner may close any bar and/or cease any supply of alcohol if it
considers that a breach of the Sale of Liquor Act 1989, Sale and
Supply of Alcohol Act 2012, or any other legislation, regulation,
licence, permit or consent is likely or it is otherwise concerned
as to the safety of any person or the security of the Venue or any
other property without any liability arising to the Hirer or any person
claiming through the Hirer. Applications for any type of special
license must be made at least 20 Working Days before the Event
date and a copy of the licence must be made available to the Venue
Owner before the Event.
9.2. Food: Where the provision or sale of food is undertaken in
relation to the Event, the Food and Hygiene Regulations 1974, and/
or the Food Act 2014 and its association regulations, and/or all NCC
requirements must be complied with by the Hirer where they apply.
9.3. Water: Whilst, tap water at the Cottage is filtered & UV treated
rainwater, the venue tap water is from a bore and is untreated. The
Cottage rainwater is often in short supply , therefore, bottled water
is required as ‘table water’.
10. Noise
10.1. The Hirer must be considerate to nearby residents.
10.2. Any complaints/action taken as a result of noise will be the
responsibility of the Hirer at the time of the complaint and will be
reported to the Venue Owner.
10.3. Noise levels must be kept to an ‘acceptable level’ at all times.
Speakers shall be oriented facing north-east projecting the noise
away from any immediate neighbours. Failure to reduce noise levels
at the request of The Venue Owner, Council Official or the Police
will result in the Event being stopped. In general, a music level of
80-85dB LAeq is sufficiently loud to accommodate dancing and
festivities by most wedding venue operators. Therefore, the term
‘acceptable level’ shall be taken to mean:
a. at weekends (Friday & Saturday), up until 10pm the noise levels
shall be limited to 90 dB LAeq at 3m from the noise source. After
10pm, music shall be reduced to a background level of no more
than 80dB LAeq at 3m from the sound source. All amplified
and / or live music shall cease at 10:45pm. Guests must depart
by 11pm.
b. during the week (Monday to Thursday), up until 8pm the noise
levels shall be limited to 90 dB LAeq at 3m from the noise source.
After 9pm, music shall be reduced to a background level of no
more than 80dB LAeq at 3m from the sound source. All amplified
and / or live music shall cease at 9:45pm. Guests must depart
by 10pm.
10.4. The Hirer must appoint a person to ensure that Clause 10 of
this Agreement is adhered to and provide the Venue Owner with
the contact details of that person prior to the Hire Period. The Venue
Owner can contact the person at any time prior to the Hire Period
and during the Hire Period to request information or documentation
to ensure that Clause 10 of this Agreement is being adhered to. If
commercially recorded music is used in a Community Venue, it is the
responsibility of the Hirer to comply with all copyright requirements.
10.5. The Hirer must provide evidence to the Venue Owner how they
intend to comply with Clause 10 of this agreement at least fourteen
Days prior to the Hire Period. If the Venue Owner is not satisfied
that the noise requirements, as set out in this Agreement, will be
sufficiently adhered to the Event will be cancelled, and the Venue
Hire Fee forfeited in accordance with Clause 13.2.
11. Security
11.1. The Hirer must ensure that all electric and lighting is turned
off before the Hirer leaves. An additional charge may be made for a
failure to comply with this requirement.
11.2. The Hirer will be billed for any costs incurred if the Venue Owner
is required to call a security guard for any reason.
11.3. The Venue Owner may require the Hirer to provide security staff
or additional security measures for the Event where any unexpected
or heightened risks are identified or perceived by the Venue
Owner (acting reasonably) in relation to the Event, including as a
consequence of the nature of the Event, and/or the Hirer’s actions
or omissions in relation to the Event, or arising from any default by
the Hirer under this Agreement (in which case the cost of all such
additional security staff or measures shall be met by the Hirer).
12. Health and Safety
12.1. Compliance: The Hirer will comply with the Venue’s health and
safety policies and procedures and the requirements of the Health
and Safety at Work 2015 (and any amendments). In particular, the
Hirer will:
a. be prepared for an emergency evacuation;
b. evacuate the Venue or temporary structures located on the
Venue if there is a fire or other emergency and direct all persons
to the assembly area;
c. provide first aid facilities during the hire period;
d. provide a designated person who can be contacted by mobile
phone for emergency purposes;
e. ensure that none of their guests, suppliers, vendors, employees,
officers, contractors, agents, invitees and ticket holders do not
enter the ponds or water courses on the Venue;
f. ensure that they or their guests do not use the row boat;
g. ensure that they or their guests do not remove the life rings.
12.2. Access: The Hirer must ensure that access and egress for
residents, businesses or emergency vehicles are available at all
times and that the public is not duly inconvenienced by the Event.
This includes public and private access ways that must be kept
clear at all times.
12.3. Hirer Responsibility: The Hirer will consult, cooperate and
coordinate activities and facilitate engagement with the Venue
Owner and any other persons (including without limitation all other
hirers, users, suppliers, service providers, and contractors to the
Venue) to the extent that the parties have overlapping duties in
relation to health and safety, including in relation to ticket holders
and invitees to the Venue. The Hirer will ensure that during the Hire
Period it acts in accordance with and at all times complies with:
a. the Venue’s policies and procedures regarding health and safety
and building security and access, including but not limited to
evacuation procedures, maximum number of persons at the
Venue, no smoking policy, etc; and
b. all of the Venue Owner’s directions.
12.4. Notification: The Hirer will immediately notify the Venue
Owner of any risk or hazards which the Hirer observes or becomes
aware of at the Venue and/or any near miss, notifiable event,
incident, injury, illness, or accident it becomes aware of at the
Venue whether or not the same involves any equipment or any
of the Venue Owner’s employees. The Hirer will provide the Venue
Owner with such assistance as may be necessary to conduct any
health and safety review or investigation.
12.5. Venue Owner Responsibility: the Venue Owner will comply
with the requirements of the Health and Safety at Work Act 2015
and in particular will:
a. maintain a fit-for-purpose health and safety management
system.
b. where relevant, train the Venue Owner’s employees and
contractors to do their job safely.
c. maintain their equipment appropriately.
d. ensure that there is appropriate supervision of the Venue
Owner’s employees and contractors to ensure compliance with
health and safety requirements.
e. develop procedures to be adopted in cases of emergency.
f. regularly audit systems and practices against relevant WorkSafe
NZ Codes or guidelines of best practice.
g. regularly monitor existing and potential risks and hazards in
the workplace and develop and implement appropriate control
measures.
h. implement regular reviews of health and safety management
systems and procedures; and
i. consult, co-operate and co-ordinate activities with the Hirer to
the extent that the parties have overlapping duties in relation to
health and safety, including but not limited in relation to ticket
holders and invitees to the Venue.
13. Cancellation
13.1. Cancellation by the Hirer:
a. If the Hirer cancels the Event up to 90 days prior to the event, the
Venue Owner will retain the Deposit unless specified otherwise
in writing and the following cancellation provisions will apply.
This clause 13.1 applies on the basis of a genuine pre-estimate
of loss to the Venue Owner as the Venue Owner may not be
able to re-hire the Venue to another Hirer at the same or any
price and the Venue Owner will have taken steps to provide the
Venue and services to the Hirer and it is not intended to operate
as a penalty. Where cancellation occurs within 90 days of the
Event, or less, the full Venue Hire Fee is payable. Any bond that
has been paid will be refunded.
a. The Hirer may cancel the booking and/or this Agreement by
notice in writing to the Venue Owner if: i) the Hirer reasonably
considers that the Venue Owner is in breach of clause 3.6 and
fails to remedy such breach 30 days before the Hire Period; or
ii) there is a Force Majeure Event (as defined under clause 18),
in which case the Hirer may cancel the booking and/or this
Agreement in accordance with clause 18.
13.2. Cancellation by the Venue Owner: Without limiting clause
13.1, the Venue Owner may cancel the Hirer’s booking and/or this
Agreement by notice in writing to the Hirer if:
a. the Venue Owner considers that the staging of the Event or
the nature of the Event will, or might contravene any statute,
order, regulation, rule of law or any other requirement of a
public or local authority or otherwise be in breach of reasonable
standards of public decency. Where this contravention is not
apparent from the description of the Event provided by the Hirer,
the cancellation will be deemed to be a cancellation by the Hirer
and clause 15.1 will apply; and/or
b. it reasonably considers that the management control of
the Event by the Hirer is deficient or inadequate and/or the
behaviour of the guests or attendees of the Event is such that
it would lead to danger or injury to any person or material
damage to any property, including the Venue itself. In these
circumstances clause 16.1 will apply.
c. the Venue Owner sells the venue.
d. there is a Force Majeure Event (as defined under clause 18), in
which case the Venue Owner may cancel the booking and/or
this Agreement in accordance with clause 18.
14. Insurance
14.1. Where property of any value is brought into or left at the Venue,
it will be the Hirer’s responsibility to arrange and have in place
adequate insurance for the property at all times
15. Termination
15.1. The Venue Owner may at any time terminate this Agreement
by notice in writing to the Hirer with immediate effect, in any of the
following circumstances:
a. the Hirer is in default of the observance or performance of any
of their obligations under this Agreement and such default
is not remedied within a reasonable time (as determined by
the Venue Owner in its sole discretion taking into account the
circumstances) from the date the Venue Owner has notified
the default and requested the Hirer to remedy such default; or
b. if the Hirer fails to pay any sum of money payable to the Venue
Owner pursuant to this Agreement, on the due date for payment.
15.2. Such termination shall be without prejudice to the Venue
Owner’s right to recover the Venue Hire Fee and any other money
payable by the Hirer under this Agreement and the rights of either
party against the other in respect of an earlier breach of any of the
provisions contained or implied in this Agreement.
16. Liability
16.1. Hirer’s Property: Subject to clause 24.1 the Hirer acknowledges
and agrees that the Venue Owner is not responsible for loss or
damage to any of the Hirer’s property in the Venue.
16.2. Indirect/Consequential Loss: Subject to clause 24.1 the
Venue Owner shall not be liable to the Hirer under contract or tort
or otherwise, for any indirect or consequential loss arising under
or in connection with this Agreement.
16.3. Limitation: Subject to clause 24.1 the extent of the Venue
Owner’s liability to the Hirer under this Agreement (collectively)
for any loss, damage, claim or expense is limited in aggregate to
the amount of the Venue Hire Fee.
17. Notices
17.1. Form: Any notice under this Agreement between the parties
must be made in writing and may be personally delivered, posted
or emailed to the addresses set out in the Booking Form or to such
other addresses as agreed between the parties.
17.2. Delivery: Notices will be deemed to be given:
a. where served personally, upon delivery;
b. where served by post, 5 Working Days after posting;
c. where served by email, on the email leaving the information
system of the sender, unless an error or delay message is
received by the sender in relation to that email.
18. Force Majeure
18.1. Neither party shall be liable for any failure or delay to perform
any obligations under this Agreement to the extent such failure
or delay is the result of any fire, flood, earthquake or similar
catastrophic event, seismic activity, outbreak of state of emergency,
act of God, warlike hostilities, an Act of Parliament, regulation or
direction or any strike or industrial action, epidemic or pandemic
(together “Force Majeure Event”) which is beyond the reasonable
control of that party. The party affected by a Force Majeure Event
shall notify the other party within five working days of the same,
and provide detail of the likely duration and effect of the event
on it’s ability to perform any obligations under the Agreement.
For the avoidance of doubt, the dates and times for the Event and
Hire Period shall not be varied or extended as a result of such
Force Majeure Event, except with the written agreement of both
parties. Where a Force Majeure Event hinders or delays the affected
party’s performance to the extent the Event is unable to take place
as agreed under this Agreement or prevents the affected party’s
performance for more than 90 days, the party not affected by the
Force Majeure Event may cancel this Agreement.
18.2 COVID-19 exception: Specifically in the case of an event
needing to be cancelled due to the impact of COVID-19 (or any
variants of the COVID virus), this will not constitute a full Force
Majeure event, and as such the Venue Owner will use their best
endeavours to offer the Hirer an alternative date, suitable to both
the Venue Owner and Hirer. However, should a suitable date not
be agreed upon, the Venue Owner retains the right to exercise
cancellation Clause 13.1.
18.3. Where the Event is cancelled or does not take place in
accordance with this Agreement due to a Force Majeure Event
then all payments already made by the Hirer will be returned to
the Hirer. To avoid doubt, if a Force Majeure Event occurs which
means the Venue is no longer available for the Hire Period, this
will be deemed to be a Force Majeure Event that affects the Venue
Owner’s ability to perform their obligations and the Event will be
deemed cancelled under this clause 18.3.
18.4. Subject to clause 24.1 the Venue Owner will not be liable for any
loss, damage, claim, liability or default due to a Force Majeure Event.
18.5. A Force Majeure Event does not include any event which the
Venue Owner could have prevented or overcome by exercising a
reasonable standard of care or which resulted from a lack of funds
for any reason.
19. Inconsistency
Where these Terms and Conditions and the Booking Form are
inconsistent, the Booking Form will prevail.
20. No Waiver
No waiver or any breach, or failure to enforce any provision of this
Agreement at any time by either party shall in any way effect, limit
or waive such party’s right to enforce and compel strict compliance
with the provisions of this Agreement.
21. Entire Agreement
Subject to clause 3.1, this Agreement, including each document,
policy or Schedule attached to this Agreement from time to time
constitutes the entire Agreement, understanding and arrangement
(express or implied) between the parties and supersedes all prior
and contemporaneous communications and any prior agreements
between the parties regarding a subject matter of this Agreement.
22. Assignment
Neither party may directly or indirectly assign or otherwise dispose
of (including by way of subcontract) any of its rights or interests in,
or any of its obligations or liabilities under, or in connection with or
arising out of this Agreement, except with the prior written consent
of the other party, which consent may be withheld in the other
party’s absolute discretion. For the avoidance of doubt, the Venue
Owner may sell the Venue as a going concern (novating the entirety
of their rights and obligations under this Agreement to the new
owner so the Hirer’s rights under the Agreement are unchanged)
by providing written notification of the same to the Hirer.
23. Severability
If at any time any part of this Agreement is held by a court of
competent jurisdiction to be unreasonable, illegal, invalid or
unenforceable for any reason whatsoever, that term will be
enforced to the maximum extent permissible so as to affect the
parties’ intent, and the remainder of the Agreement will continue
in full force and effect.
24. Exclusions
24.1. Nothing in this Agreement is intended to limit or modify any
rights that the Hirer may have under the Consumer Guarantees
Act 1993.
24.2. Despite anything else contained in this Agreement unless
this Agreement expressly provides otherwise, to the fullest extent
permissible by law all warranties, conditions or other terms implied
by law are excluded; and for the purposes of this clause 24 the
Hirer acknowledges that he/she/it had a reasonable opportunity to
review this Agreement, discuss it with the Venue Owner, and receive
advice from his/her/ its legal advisor, if he/she/it wished to do so.
25. Personal Information
25.1. Where the Venue Owner collects any personal information in
relation to the Hirer, the Hirer authorises the:
a. collection of such personal information.
b. use of such personal information for the purposes of enabling
the Hirer to hire the Venue and the Venue Owner to perform
this Agreement; and
c. disclosure of the personal information by the Venue Owner to
such third parties as is necessary for the purposes of enabling
the Venue Owner to administer and manage the hire of the
Venue by the Hirer, and perform this Agreement, including but
not limited to recovery of any monies owed by the Hirer under
this Agreement.
25.2 All data provided will be treated in accordance with the Privacy
Act 1993.
26. Accommodation
26.1. The maximum number of people who can stay in the
Accommodation unless notified otherwise, is 2 people, and you
agree that you will not exceed that number, without written
persmission from The Venue Owners.
26.2. You agree that you will arrive at and leave the Accommodation
at the dates and times in the Booking (unless you notify us otherwise
and we agree the same in advance). Your Accommodation will not
be available at any time outside of the times reserved by you. We
reserve the right to make a reasonable additional charge (whether
by retaining the security bond or otherwise) in the event that you
have not left the Accommodation by the agreed departure time.
26.3. Whilst we keep our illustrations, photographs and other
imagery as up to date as possible, any illustrations, photographs
and other imagery displayed are for illustrative purposes only and
subject to change.
26.4. Up to 1 dog is permitted at the Accommodation provided we
have been notified and have agreed in writing. If you have a dog
please ensure you adhere to the following dog rules:
• All dog poop must be picked up and disposed of in the green
bin prior to departure.
• The dog must not go upstairs or climb on any of the furniture.
• The dog must not swim in any of the ponds and if they do
enter the water must be towel dried before entering the
Accommodation.
• The dog must be kept on a lead when walking around the
Wedding Venue gardens.
26.5. Smoking is strictly prohibited at the Accommodation .
26.6. Cleaning of the Accommodation at the end of the stay is
included the Venue Hire Fee (where the stay is included in the
Venue).
26.7. Broadband internet access is offered in the Accommodation.
This is on the basis that we do not promise that the service will be
available constantly and that it is provided for recreational and not
for business use. Neither a minimum speed, unrestricted bandwidth
nor uninterrupted provision of an internet access service can be
guaranteed and we will not be liable for any form of compensation
or expenses claimed by any guest in respect of the provision of
internet services or telephone services not being available or failing.
26.8. The Hirer shall take proper care of the Accommodation and
its contents during the stay and may lose your security bond and/
or receive an invoice for any damage caused or loss suffered if the
Accommodation and its contents are not left in the same state in
which it is found at the beginning of the stay.
26.9. No items from the Accommodation shall be removed and
taken down to the Venue. They must remain at the Accommodation .
26.10. The Bond paid by The Hirer for the venue hire will also apply
in respect of damage to the Accommodation, damage or loss of
contents, damage or loss to keys, excessive or incorrect use of
facilities (including, but not limited to, telephones, internet, and
other amenities provided at the Property).
26.11. We will assess the Accommodation after your stay and will:
• provide you with a refund of the Security Bond made under
this clause; or
• inform you of the amount to be retained; or
• inform you of the amount to be further charged or a
combination of any of the above at Our discretion.
26.11. We only supply the Accommodation for domestic and private
use. You agree not to use the Accommodation for any commercial,
business or re-sale purpose, and We have no liability to you for
any loss of profit, loss of business, business interruption, or loss of
business opportunity. If you do wish to use the Accommodation for
a commercial purpose, please contact Us.
27. Wedding Co-ordinator
27.1. A Wedding Co-ordinator will normally be provided as part of
the wedding packages. This will be indicated in the advertised prices
and Booking Form, and so will form part of the Hire Agreement.
27.2. If you have your own Wedding Planner, they will need to liaise
with our Wedding Co-ordinator to clarify roles & responsibilties.
Our Wedding Co-ordinator will still be required to be present on
the day as our ‘representative’, with associated contractural duties.
27.3. The Wedding Co-ordinator will be contracted by the
Venue Owners to provide their services, and as such, will act
as a representative of Songbird Retreat and be subject to all
relevant clauses in this Agreement that relate to the duties and
responsibilities of the Venue Owners staff and contractors.
27.4. The Wedding Co-ordinator will provide the Hirer with a list of
their services that form a part of this Venue Hire Agreement.
27.5. The Wedding Co-ordinator will also provide the Hirer with a
list of additional services they can provide should the Hirer so wish.
If the Hirer wishes to engage the Wedding Co-ordinator to provide
these additional services, they will be booked and paid for directly
with the Wedding Co-ordinator, and therefore do not form part of
this Hire Agreement.