GENERAL CONDITIONS FOR USE OF VENUE FACILITIES AND SERVICES
DEFINITIONS AND INTERPRETATION
1.1 Definitions
In these conditions, the following shall apply unless the context otherwise requires:
(a) “Deposit” means the amount forwarded by the customer to Florian evidencing acceptance of the General and any special Conditions.
(b) “Confirmation” means written notification forwarded to the customer by Florian as evidence of acceptance of the customer’s cleared deposit.
(c) “Customer” means the person or organisation entering into this Agreement with Florian.
(d) “Event charges” means all charges applicable to a function including venue hire, food and beverage and any other charges.
(e) “Services” means the services described in the application made by the Customer.
(f) “Projected function costs” means the sum reasonably estimated by Florian to be the total cost of the function to the venue.
(g) “Venue” means the reception centre as noted on title included but not limited to all fixtures, fittings, furnishings, etc.
1.2 Customer to Ensure Compliance
The customer will ensure that its servants, officers, contractors, guests, members, patrons, and invitees comply with these terms and conditions.
2. PAYMENT
2.1 Terms of Payment
(a) Unless approved credit arrangements have been made with the management of Florian, the customer must pay to Florian the fees as set out below:
(b) a minimum deposit of $2000 is required to confirm the booking. This amount
i. will be applied against the final tax invoice as part consideration. The clearing of the funds through Florian bank accounts will constitute acceptance by the customer of these terms and conditions. Until these monies are received, Florian reserves the right to allocate the date to another customer;
ii. an amount, estimated by Florian equal to the anticipated function charge (“the preliminary invoice”) is payable fourteen (14) business days prior to the function date;
iii. the balance, including any additional charges incurred during the event will be invoiced by Florian at the conclusion of the function (“the final tax invoice”) and is payable within three (3) days of the date of the function.
(c) Beverages
i. For the purpose of calculating the preliminary invoice, beverages to be charged “on consumption” basis will be invoiced at an estimated cost.
ii. This will be adjusted to reflect actual consumption when the final invoice is issued.
(d) Credit Balances
i. Florian will pay credit balances within fourteen (14) days of the function date
(e) Surcharge Amounts
i. Functions have a specified duration; however an alternative duration may be negotiated to meet the needs of the specific function. Further extensions may, subject to any special terms and conditions, be negotiated on the function date or during the function. Applications contain indicative guides to the surcharges applicable.
ii. The duration can only be extended by the customer or the customer’s nominated representative in consultation with the Florian representative in charge of the function.
2.2 Non Payment
If the customer does not fulfill the payment obligations specified in Clause 2. Florian has the right to terminate this agreement.
2.3 Cancellation/Postponement
(a) If the customer cancels an event Florian reserves the right to claim the following payment or part thereof:
i. if the cancellation or postponement is notified over twelve (12) months prior to the date of the function, the deposit shall be payable;
ii. if the cancellation or postponement is notified between six (6) and twelve (12) months prior to the date of the function, 25% of the projected function costs shall be payable;
iii. if the cancellation or postponement is notified between three (3) and six (6) months prior to the date of the function, 50% of the projected function costs shall be payable;
iv. if the cancellation or postponement is notified between three (3) and one (1) months prior to the date of the function, 75% of the projected function costs shall be payable; and
v. if the cancellation or postponement is notified less than one (1) month prior to the date of the function, 100% of the projected function costs shall be payable
3. FINAL NUMBERS
Minimum numbers are outlined in the function packages and booking agreement.
(a) Final confirmed numbers must be provided 21 days prior to the function date. [These numbers will provide the basis for the preliminary invoice]. Minor variations to confirmed numbers (up to 4 adults) can be accommodated up to 14 days in advance of the function. Increased numbers will be charged to the final account.
(b) Acceptance of number variations is subject to specific terms and conditions, for example, Occupational Health and Safety requirements.
4. DAMAGE AND INSURANCE
The customer will be held financially responsible for damage or loss sustained to any items in the venue, or to the venue, however caused, by the customer, its servants, officers, contractors, guests, members, patrons, invitees or any other persons associated with them. A bond to the value specified by Florian may be applicable for certain functions.
5. CUSTOMERS OBLIGATIONS
The customer must: (a) Not carry on or allow to be carried on any behaviour or activity, that in the opinion of Florian Management is dangerous, noxious, offensive, illegal, noisy or objectionable. (b) Not use or allow the facilities to be used for any purpose other than that for which it was designed. (c) Endeavour to observe all relevant statutes, statutory rules and regulations, notices and orders. (d) Not without Prior consent of Florian Management make alterations or additions whatsoever to the venue or its fixtures. (e) In accordance with Victorian liquor licensing requirements children under the age of 18 must be accompanied by a parent or legal guardian at all times whilst on the licensed premises.
6. SECURITY CHARGES
(a) Security charges are applicable for certain functions (b) Florian reserves the right to determine the security required for any function.
7. INDEMNITY TO FLORIAN
The customer indemnifies Florian to the fullest extent permitted by law from and against: (a) All claims, demands, writs, summonses, actions, suits, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature which Florian may suffer or incur in connection with the loss of life, personal injury or damage to the property incurred or suffered directly or indirectly in connection with this Agreement, the entry into facilities by the customers, its servants, officers, contractors, guests, members, patrons, and invitees or any other persons associated with them. (b) Florian is not liable or responsible to the customer or any servants, officers, contractors, guests, members, patrons, and invitees or any other persons associated with them for any loss of life, personal injury or damage to or loss of property which may be suffered at the venue.
8. BUMP IN/BUMP OUT DETAILS
(a) The number and names of people involved (other than guests), their expected times of arrival, and equipment requirements, together with a detailed floorplan, must be conveyed to Florian management at least 24 hours prior to function date. (b) All and any loading of equipment is to occur from the rear loading bay of the venue. (c) If the customer does not fulfil the conditions in Clause 8 (a) & (b) Florian reserves the right to refuse entry of the same to the venue.
9. PREMATURE TERMINATION
Florian shall be entitled to cancel this agreement without notice if: (a) The customer fails to fulfill any of its obligations laid down in this agreement. (b) The customer alters the purpose of the function without the approval of Florian Management. (c) Florian management becomes aware of conditions under which the execution of the function could jeopardize public safety or order, or potentially involve an unacceptable risk of personal injury or damage to property.
10. TAXES
The prices quoted are in Australian dollars and are inclusive of any goods & services taxes.
11. EXITS
Exit signage must not be covered and access must not be blocked off under any circumstances.
12. BAND AND CREW MEALS
Meals for band members, production personnel etc must be provided and paid for by the customer at a cost of $45 per person.
13. MENU CHANGES AND PRICE FLUCTUATIONS
Prices are quoted on current costs, and may be subject to alteration at any time by mutual agreement. Florian reserves the right to change or delete menu items without notice.
14. RESPONSIBLE SERVING OF ALCOHOL POLICY
A single type of alcoholic spirit can be brought into the venue by the customer which is
served from the bar. A maximum of one 750ml bottle per 10 adult guests is allowed. All
spirits must be delivered to the venue prior to the function date. Under no circumstances
during the function will spirits be served anywhere other than at the bar.
15. BASIS OF AGREEMENT
Performance of this agreement is contingent upon the ability of Florian to complete the same, and is subject to labour troubles, disputes, strikes or picketing, accidents, governments (federal, state or local) requisitions, restrictions upon travel, transportation, food beverages, or supplies, equipment failure, and other causes whether enumerated herein or not, which are beyond the control of Florian. In no event shall Florian be liable for loss of profit or consequential damages, whether based on breach of contract, warranty or otherwise. In no event shall Florian’s liability be in excess of the total amount of the food and beverage contracted heretofore.