Terms & Conditions
Wedding & Functions
Terms & Conditions
TERMS AND CONDITIONS
Thank you for choosing Beerwah Hideaway Pty Limited (ACN 611 074 107) atf Beerwah Hideaway Trust t/as Hideaway Weddings (ABN 91 359 543 833) (hereafter “The Hideaway”, “our”, “we”, “us”) for your special day. These are the terms and conditions under which you (hereafter “you” or “your”) agree to use the Goods and Services supplied by us. This and an additional “Wedding Agreement” provided to you will be referred to hereafter collectively as “The Terms”.
Please read the Terms carefully before booking with us or using our Goods and Services. The Terms below are important because they set out your rights and obligations when using these Goods and Services (‘Your Booking’).
Your Booking is confirmed once we have approved your Booking Application and then received your booking fee and signed copy of these Terms.
Where you fail to provide an executed copy of the Terms but (i) proceed to instruct us in relation to the provision of our Goods and Services ; or (ii) pay the Booking Fee, you are confirming your acceptance of these Terms.
The Terms expressly supersedes prior agreements or arrangements with you.
1. Scope of Services
We offer a number of Goods and Services by way of “packages”, which may include the following:
Use of The Hideaway during your venue hire period;
Ceremony decorations, styling & setup;
Choice of ceremony locations;
Post ceremony option including canapes, lawn games & licensed bar;
Reception, including decorations, styling & setup;
Serviced buffet, alternate drop, or cocktail meal options;
Licensed bar & drinks packages;
DJ and MC;
Onsite accommodation options;
Further supplier options including hair and make up; photography; wedding cake; celebrant and flowers.
(The totality of the Goods and Services chosen by you hereafter referred to within the Terms as ‘the Booking’).
2. Booking Application
2.1 By making a Booking Application, you apply to make a Booking for a chosen date. That chosen date may be reserved for a period of seven (7) days from the date that you provide us with your Booking Application.
2.2 If you do not execute the Terms or pay the required Booking Fee outlined in Clause 3 of these Terms within the 7 days, then your Booking Application will automatically lapse and your Booking Date becomes available to any prospective customer of ours.
3. Booking Fee
3.1 You must pay a Booking Fee which is non-refundable (‘the Booking Fee’). The Booking Fee required to be paid is the fixed amount of $2000.00. You may be required to pay a further Booking Fee of $1000.00 where your chosen package requires you to do so (for example, the “I Do Crew Upgrade Booking Fee”).
3.2 Such Booking Fee is non-refundable and non-transferable (except where otherwise outlined within these Terms). By paying the Booking Fee, you acknowledge and accept that the Booking Fee is not refundable and not transferable unless specified in these Terms.
3.3 The purpose of the Booking Fee is to (i) secure The Hideaway; (ii) book the totality of the Goods and Services associated with your Booking, and (iii) pay for costs and expenses relating to the Booking.
3.4 Again, the Booking Fee is non-refundable and has been set as liquidated damages as a genuine estimate of loss suffered in the event that you cancel the Booking, regardless of whether we are able to re-book the date.
3.1 Each of you, as the Couple, will be jointly and severally liable for all payments owing to us. The payments will be outlined in the form of an invoice (‘the Invoice’).
3.2 You are required to pay for the Booking as follows:
a. The Booking Fee as outlined in Clause 3;
b. A Progress Payment of 50% of the Invoice (‘the Progress Payment’), due six (6) months prior to your Booking Date;
c. The remainder of the Invoice (‘the Final Payment’) due six (6) weeks from your Booking Date;
d. A security bond in the amount of $1000, by way of a pre-authorisation of credit or debit card, provided to us on a day prior to your Booking Date (‘the Bond’); and
e. A sundry payment for any additional guests or expenses not included in the Booking but incurred leading up to, and on the Booking Date (‘the Sundry Payment’).
3.3 We will provide you with an invoice which outlines the Goods and Services and will be required to be paid in accordance with clause 4.2. We may add to the invoice should you wish to add additional Goods and Services to your Booking.
3.4 Failure to make payments in accordance with Clause 4.2 means that we may suspend or withhold the performance of Goods or Services until such payment is made. We may also cancel your Booking and release your specific date and The Hideaway to another booking. You may be subject to late payment fees as follows:
a. $250 if the payment of any part of the Invoice is 1 – 7 days overdue;
b. $250 if the payment of any part of the Invoice is 8 – 14 days overdue; and
c. If payment is more than 14 days, your Booking is considered cancelled.
3.5 Upon making the Progress Payment and the Final Payment, you agree that these payments will not be refunded once paid, regardless of the circumstances. The purpose of these incremental payments is to pay for the costs of providing the Goods and Services up to your Booking Date. You have the ability to make any payment of the Invoice in advance of its due date. If the Booking is cancelled, and you have made payments in advance, we will refund the portion of the monies that were paid in the advance, and retain those payments that were due at that date.
3.6 We reserve the right to increase the price of the Goods and Services where there are any changes to the scope of services or in instances where there is an increase in guest numbers or labour performed.
3.7 Your Invoice may also be subject to a surcharge of 15% if your Booking is to be held on a Public Holiday.
3.8 You may pay the Invoice by way of direct deposit, credit card or third party payment provider (such as Stripe) (‘TPPP’). We do not accept cash payments. When paying for the Goods and Services via a TPPP, you agree to be bound by any terms and conditions of that TPPP in addition to these Terms. The TPPP or your bank or other financial institution may require you to pay processing fees or other fees and charges. Any such fees and charges are your sole responsibility and are not included in the price of the Goods, or other paid services unless otherwise specified. We accept no responsibility for your use of any TPPP.
4. Cancellation or Change of Booking Date
4.1 You may cancel the Booking at anytime, by notifying us in writing.
4.2 You acknowledge that in the event that you wish to cancel, any monies paid to us (whether it is a Booking Fee, Progress Payment or Final Payment) will not be refunded to you. Accordingly, it is important that you make your decision to proceed or cancel your Booking prior to making these Payments.
Change of Booking Date
4.3 You must give a minimum of twelve (12) months notice to us if you wish to change your Booking Date. If you choose to change your Booking Date to a date mutually agreed between us, you will be required to make a further payment of $500.00 (‘Date Change Fee’) for such change to be made. If a date is agreed and the Date Change Fee is paid, all monies paid to date (including the Booking Fee) will be transferred to that new date by way of credit A Booking may not be changed to a lower value package than originally booked. The current Booking pricing at the time of making the date change will apply.
4.4 Where reasonable attempts have been made to find a mutually acceptable future date but parties are unable to agree (or that date is booked), your Booking will be treated as cancelled in accordance with Clause 5.1.
Termination by Us
4.5 We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of invoices. Where we terminate the agreement for breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
5. Point of Contact
5.1 We will only discuss specific wedding details with the persons named in the Wedding Agreement.
6. Guest Numbers
6.1 You must provide confirmed guest numbers and a full guest list with accurate contact details for each guest within six (6) weeks of the date of your Booking.
6.2 When you choose your package, it will be for an included number of guests regardless of whether you wish to have less in attendance. There is no discount for guests that do not attend on the Booking Date. You will be required to pay for any extra guests above the included number of guests, that do attend on the day.
6.3 The maximum number of guests on any date is one hundred (100) persons for Packages including a “sit down meal” or one hundred and fifty (150) persons for a “stand up meal” option.
6.4 There will be no refund of monies in the event that the confirmed number of guests do not attend. Any guests in attendance but unaccounted for prior to the Booking Date will incur a cost. Payment for such additional costs will be deducted from the bond. You will have the option of paying for these additional costs through using the pre-authorised credit card amount or invoiced as a Sundry Payment after the Booking Date. Where the costs are not paid within a reasonable period of time, we reserve our right to withhold the return of the Bond and use that amount to set off the debt owed.
6.5 Guest numbers will always be subject to any capacity restrictions resulting from a Government direction for any reason (including but not limited to COVID-19). Where capacity restrictions are in force (regardless of notice of such restrictions), we may present to you a number of options to ensure your wedding can still proceed. You acknowledge that a reduction in the number of guests resulting from a Government Direction could occur and will not render these Terms unable to be performed by us regardless of such reduction.
7. Hours of Operation
7.1 The Hideaway will be available for four (4) hours for general functions and either five (5) or eight (8) hours “Venue Hire” for weddings, depending on which package you choose. The Venue Hire period will commence 30 minutes prior to your ceremony time.
7.2 We may offer additional hours which will be subject to further charges. Hours will be agreed prior to the Booking Date and they must be within our usual opening and closing times. Our usual closing times are as follows:
a. General Functions – 9pm finish, unless all accommodation is booked by function;
b. Weddings (Sunday, Wednesday & Thursday) – all non accommodation guests to have left The Hideaway by 10.00pm.
c. Weddings – Friday & Saturday – all non accommodation guests to have left The Hideaway by 11.00pm (or earlier, in accordance with venue hire period of the Booking).
8.1 We require your attendance (whether by video or in person) as follows:
a. Planning Meeting, twelve (12) months before the Booking date, for the duration of one (1) hour, so that we can plan your Booking to your specifications;
b. Wedding Day Details Meeting, eight (8) to ten (10) weeks prior to the Booking Date, for the duration of two (2) hours to discuss and finalise your specific wedding day details; and
c. Final Meeting / Decorations Drop, within 7 days before the Booking date, for the duration of (1) one hour for you to provide to us any personal decorations and hold further discussions about your Booking needs.
8.2 These visits or appointments will be held on weekdays only, due to other bookings taking place.
9. Guest Behaviour
9.1 By accepting these Terms, you accept full responsibility for you and your guests for the duration of your Booking. You are responsible for ensuring that all guests are made aware of and understand these Terms, including but not limited to the terms relating to the consumption of alcohol not supplied by us and leaving The Hideaway by the required time.
9.2 You accept that a function or wedding may be closed earlier if deemed necessary by management for reasons that include, but are not limited to, illegal or unruly behaviour by you or your guests, inclement weather, or excessive noise.
9.3 You acknowledge that The Hideaway is in a residential area, you must ensure that your event does not impact on the enjoyment of our neighbours.
9.4 In the event that the Terms are breached by you or your guests, we reserve the right to retain the Security Bond.
10.1 Whilst children are welcome, they are the full responsibility of their parents. Children must be supervised at all times and are not permitted to roam freely around the property. Children must not be left unattended in accommodation rooms. There is no provision for babysitting of children on site. Children over two (2) years old are to be counted in your pre-arranged guest numbers. Where they are not accounted for, the cost will be included as a Sundry payment.
11. Consumption of Food
11.1 External catering is not permitted, with the exception of wedding cake or cupcakes, which must be prepared in a licenced kitchen and displayed in accordance with food safety requirements.
11.2 All handling or serving of food, including the cutting of an externally provided cake, must be completed by us.
12. Consumption of Alcohol
12.1 We do not offer “BYO” alcohol packages or allow for BYO to be consumed. If guests are seen to be consuming or bringing in beverages not offered by The Hideaway, they may be asked to leave The Hideaway. We reserve the right to remove and discard any alcohol brought into The Hideaway.
12.2 We uphold the principles of “Responsible Service of Alcohol” and in accordance with Liquor Licencing Laws, reserves the rights to refuse to supply alcohol to persons suspected of being under 18 years of age, show signs of intoxication or aggression or signs of other drug use.
12.3 We reserve the right to refuse entry to The Hideaway to any of your guests, invitees or vendors if we believe on a reasonable basis, that a person is intoxicated or under the influence of other substances. We reserve the right to ask such guests, invitees or vendors to leave The Hideaway immediately.
12.4 Where the Liquor Licencing Laws are breached by guests and a fine is incurred by The Hideaway by a breach of a guest, you indemnify The Hideaway for any loss suffered as a result of this breach, including but not limited to any fines incurred by regulatory bodies.
12.5 Where a complimentary bar tab is an inclusion of The Booking, the tab will commence following the completion of the wedding ceremony and will continue until such time as the tab is exhausted or last drinks is called. There will be no refund for any complimentary tab not used.
12.6 Alcohol may be purchased by way of “pre-paid tab” or “drinks package”. If a drinks package is arranged, it will commence after the completion of the wedding ceremony. Service of alcohol will cease 30 minutes prior to the end of your venue hire period.
12.7 A “cash bar” may also be available prior to (with prior notice) or during your Booking.
13. Music and Noise
13.1 Given the nature of our Venue, live bands are not permitted. We do however permit a solo or duo act or DJ.
13.2 As The Hideaway is adjacent to a residential area, this must also be a consideration when planning for music. Music must cease at least 15 minutes prior to the wedding or function finish time. Noise levels must not exceed reasonable levels or create a nuisance, as determined by our sole discretion.
13.3 We reserve the right to control volume levels of entertainment at all times and cancel entertainment if requests on volume levels are ignored.
14.1 As we are subject to laws relating to tobacco, guests, invitees and vendors must only smoke cigarettes, e-cigarettes, and the like in the designated smoking area. Smoking is prohibited in any enclosed area or within 4m from any building entrance.
14.2 It is your responsibility to communicate these Terms to all guests, invitees and vendors attending on the Booking Date.
15. Use of Vendors or Contractors
15.1 You are required to inform us of all vendors or contractors engaged by you to perform services at The Hideaway on the Booking Date. The following details must be disclosed to The Hideaway thirty (30) days prior to the Booking Date;
Business name & ABN;
Expected arrival & departure times;
General nature of service or items being used or brought into The Hideaway;
Their public liability insurance details and any relevant licences; and
Their COVID-19 Safety Plan.
15.2 We reserve the right to refuse a Vendor where they do not hold the necessary insurance and licenses to provide Goods or perform the Services. This decision is made at our sole discretion.
15.3 We may, at any time, ask a Vendor to leave The Hideaway, where it determines that the Vendor is not abiding by any relevant laws, regulations and by-laws and government or regulatory orders.
15.4 Vendors who operate electrical, lighting or sound systems (or are providers of music or other entertainment) may only do so at the Booking if we have approved them to do so in writing. Further, all signs, banners and decorations for the Booking must be approved by The Hideaway prior to the Booking Date.
15.5 We will not store items on behalf of any Vendors prior to or after the Booking Date unless agreed prior to the Booking Date. In the event that we do this, we are not liable for any damages that may occur to the stored items.
16. Damages, Repairs and Cleaning
16.1 You are financially responsible for any repairs for damage to equipment or property or extra cleaning costs which may become necessary due to the damage or other matters caused by guests whether accidental or otherwise.
16.2 General and normal cleaning is included in the package however extra charges may be payable if the Booking has created cleaning needs above and beyond the normal standard of cleaning (to be determined at our sole discretion). The damage will be assessed for any major stains, spillages and the cost associated to clean the area will be charged to you.
16.3 We do not permit the use of manufactured confetti (including biodegradable paper or synthetic rose petals), metallic scatters, rice, balloons, or similar items in any part of The Hideaway. Natural plant products such as real flower petals or leaf cutouts are permitted in outdoor garden areas only. A five hundred dollars ($500.00) additional Cleaning Fee may be charged if this request is ignored.
16.4 All guests or invitees enter The Hideaway entirely at their own risk.
17.1 Adults and children are required to wear footwear at The Hideaway at all times.
17.2 You are responsible for ensuring that you, your guests and vendors do not enter restricted areas, such as the residential space on the property. You, a guest or vendor must not enter any areas marked, ‘no entry’, ‘private residence’, or the like.
17.3 We reserve the right to intervene with activities at The Hideaway and throughout The Hideaway on the Booking Date that are subjectively considered illegal, noisy, offensive or dangerous.
17.4 You are responsible to ensure the removal of all personal items at the conclusion of the Booking.
17.5 You must use your best endeavours to ensure that you, your guests, vendors and/or any contractors, do not do any of the following:
a. damage, touch, lean against, sit on, move, cover, obscure or endanger any heritage items or displays in The Hideaway;
b. damage or attempt to damage any part of The Hideaway or its installations, fittings or fixtures;
c. attach any sign, decoration or other item to any part of The Hideaway without our assistance or approval;
d. interfere with or alter any of the irrigation, electrical, security, lighting or sound systems in The Hideaway;
e. enter areas of The Hideaway other than the area specified in the Schedule, except for the areas designated by The Hideaway as the route for entry to and exit from The Hideaway or for use of toilet facilities;
f. bring into The Hideaway any flammable materials, or light or maintain a naked flame except in a manner required by The Hideaway (being that any candles must be in an enclosed heat proof candle holder);
g. use The Hideaway for any purpose except the Booking as described in the Wedding Agreement; or
h. do, say or display anything defamatory, offensive or of a pornographic nature.
18. Delivery and Pick-Up of Equipment
18.1 All deliveries for the Booking must be arranged with and approved by us prior to delivery.
18.2 Payment for any delivery of goods by Vendors must be made by you in advance to the delivery.
18.3 Assistance with Vendor’s equipment is not guaranteed and will only be possible if staff are available.
18.4 You must, at the end of the Booking:
promptly remove any goods or materials brought into The Hideaway by or on your behalf; and
leave The Hideaway in a reasonably clean and tidy condition.
19. Intellectual Property
19.1 You acknowledge that we may take images and/or video of you using our Venue on the Booking Date. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide us a royalty free nonexclusive licence to use any such images for our marketing purposes.
19.2 By accepting these terms, you confirm that you have given permission, and sought the permission from your guests and vendors, for us to take images and videos.
19.3 Any photographs, videos or sound recordings taken by you must be for personal use only and must be taken legally. Any use, reuse or production for commercial purposes without our express written consent is strictly prohibited.
20. Limitation of Liability
20.1 The liability of The Hideaway (which for the purposes of this clause includes its related entities, employees, directors, agents and contractors) to you for any reason related to performance of the services at The Hideaway in relation to these Terms shall be limited to the amount paid by you to The Hideaway.
20.2 You warrant that you have checked that your vendors and/or contractors have the appropriate insurance in order to provide the Goods and Services for the Booking.
20.3 You should consider whether wedding insurance is appropriate and upon obtaining that insurance, ensure that you fully understand the coverage of that wedding insurance and its applicability to these Terms.
20.4 You hereby indemnify The Hideaway and The Hideaway’s employees, volunteers, contractors and agents against and releases them from any loss (including legal costs and expenses on a “solicitor and client” basis) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose directly or indirectly from or in connection with:
a. any breach of this Agreement by you;
b. the hire and use of The Hideaway or access to any part of The Hideaway;
c. alteration by The Hideaway of the Hire Fee or Additional Fees;
d. any actions of your guests, invites, vendors or contractors, including damage to items and equipment of vendors.
20.5 The Hideaway accepts absolutely no responsibility for personal effects, equipment or any other items supplied by you.
20.6 The Hideaway accepts no responsibility for any direct, indirect, consequential, or special loss or damage incurred by you, as a result of your breach of these Terms.
20.7 If any provision in these Terms and Conditions are found to be unenforceable for reasons of invalidity or illegality, the remaining provisions shall not be affected in any way whatsoever.
21. Force Majeure
21.1 The Hideaway will not be liable or responsible for any failure to perform, or the delay in performance of, any of its obligations under the Agreement that is caused by any act or event beyond The Hideaway’s control. Examples include, but are not limited to, acts of God, flood, fire, warfare, government laws or regulations, electrical fire, strikes by suppliers (known as ‘force majeure circumstances’).
21.2 If a genuine force majeure circumstance occurs and means that the performance of The Hideaway’s obligations under the Agreement is impossible, we will contact you as soon as reasonably possible to notify you. Our obligations under the Agreement will be suspended and the time for performance of our obligations will be extended for the duration of that force majeure circumstance. This clause does not apply in circumstances where an event outside of The Hideaway’s control occurs but the circumstances still make the Booking possible (notwithstanding inconvenience or hardship).
21.3 If you cancel the Booking or vary the Booking because the alleged event outside of The Hideaway’s 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 The Hideaway is only obliged to use its reasonable endeavours to provide an alternative date.
21.4 In genuine force majeure circumstances, The Hideaway will endeavour to arrange a new date for the Booking with you after the event outside of its control is over. Both parties must use all reasonable endeavours to mutually agree on a new date, but if both parties are unable to agree on an alternative date, the Booking will be considered cancelled, and return of any monies, excluding the Booking Fee, will be returned to you. In force majeure circumstances, where an alternative date can be provided which has resulted from a force majeure event, The Hideaway will credit any amount paid already towards a date that can be mutually agreed.
21.5 If you choose to book again and an event beyond The Hideaway’s control is reasonably foreseeable, based on Government guidance, then the booking is done so at your own risk and The Hideaway is not liable for any loss suffered as a result of the failure of your second booking to proceed. The Hideaway is under no obligation to provide a further date as a result of any cancellation or postponement.
22.1 Any variations subsequently agreed verbally between the parties and The Hideaway will form part of these Terms and Conditions once in writing and emailed by The Hideaway to you.
23. Governing Law and Jurisdiction
23.1 These terms and conditions, their subject matter and their formation, are governed by the laws of Queensland, Australia. You and we both agree that the courts in Queensland will have exclusive jurisdiction.