Penny-Lane Gardens Venue Hire and Reception Terms of Service

HEREINAFTER, the Owner and the Clients agree to enter into an Agreement for the Venue hire and Catering of the Penny-Lane Gardens in accordance with the following terms:

VENUE INFORMATION
The Client agrees to pay all fees for services and function premises hire to the owner of venue Penny-Lane Gardens located at: 57 Gorlicks Road Branyan 4670

PROPERTY DESCRIPTION: Restaurant commercial.

USE OF VENUE: Weddings, Functions, Receptions and catering.

Hereinafter known as “ Penny-Lane Gardens.”

The Client will have access to the Venue as agreed in the contract. Hereinafter known as the “Contract Venue Hire Period.”

Contract Venue Hire Period rate. To rent the Venue, the Client agrees to pay the Owner:

Venue Hire Rate
The costs of catering ( if applicable )

Extra staff hire (This is wavered when extra staff can be provided by the client).

DEPOSIT
Required to pay a deposit in the amount being of 75% to the owner, due at the time of signing the contract. The deposit is non refunable. Hereinafter known as the “Deposit.”

OVERTIME

If the Clients and/or any of their guests overstays, damages any part of the property, commits any illegal behavior in the time period of venue hire, the owner shall:

CHARGE OVERTIME AND CHARGE BY LEGAL RIGHT FOR DAMAGES WITH QUOTES FROM THE COMPANIES NEEDED.

PAYMENT. The Clients will be required to pay the full invoice rate:

When Invoiced. The Client has 15 days to pay upon receiving invoice.

Method of Payment: Bank transfer.

CANCELLATION.
The agreement may be cancelled any time up to 60 days prior to the Wedding or function date by providing written notice to the owner. If the Clients elect to cancel this agreement 59 days or less prior to the wedding/function date the clients will be charged 25% of the already paid amount of fees or costs and any expenses incurred in good faith by the owner in preparation for the client's use of the Venue. For cancellations 30 days prior to the contract agreement period, the clients will be charged 100% of the costs and any expenses incurred by the owner.

LATE FEES

If a payment due by the client/s is not made within the requirements mentioned in this agreement, there will be:

A Flat Fee. The flat fee is equal to $5 for each day payment is late.

AMENITIES

In addition to the Venue, the owner will provide the following amenities:

Bar Service

Catering Service ( if applicable )

Linen

Furniture

Furniture Setup and Teardown

Parking

Restrooms ( see below )

Trash/Waste Management

Meals per head specified in the contract/agreement.

Lawn mowed

All other costs made in this contract plus the cost of the security staff and organisation to be the responsibility of the client/clients. This is to be 1 security staff member per 100 patrons, 2 security officers for 100 or more.

REST ROOMS
The amenities shall be: INCLUDED in the hire rate. If there are 100 or more patrons attending this event is asked that two extra Portaloo’s be designated for extra use availability

.

CLEANUP

At the end of the hire Period, the hire is:

Responsible for Cleanup. The Clients is responsible for cleaning the Venue after the event and during the Hire Period. The Venue must be returned in the same condition as the start of the Hire Period.

MAXIMUM OCCUPANCY

The Venue has:

Limit on Attendees. Due to fire hazard concerns, a maximum limit of 200 attendees is permitted at the Venue. Any violation of this section will immediately terminate this agreement under default by the Clients.

INSURANCE

The Clients are:

Required to Obtain Insurance. The clients are required to obtain, at their own expense, a Comprehensive General Liability Insurance Policy of not less than 3 million dollars coverage for bodily injury, property damage, and contractual liability in the aggregate.

a.) Additional Insurers. The owner, its agents, representatives, and employees shall be named as additional insureds on this policy, and the client shall provide a Certificate of Insurance to the owner as proof of coverage before the hire period begins. The policy shall provide that it cannot be canceled or materially changed without written notice to the owner.

b.) Primary Insurance. The client's policy shall be the primary to any insurance or self-insurance maintained by the owner.

c.) Failure to Obtain Insurance. The client's failure to obtain, maintain or renew its insurance policy may be considered a material breach of this Agreement, upon which the owner may, upon written notice to the client, terminate this agreement with any monies paid by the client to be non-refundable.

DISPUTE RESOLUTION

Should any dispute arise between the parties regarding the interpretation, rights, duties, or liabilities under this agreement, both parties agree to engage in good faith negotiations to resolve the dispute for a period of no less than thirty (30) days before initiating any legal proceedings. If the dispute cannot be resolved through direct negotiation, both parties agree to seek resolution of the dispute through a neutral, mutually agreed-upon mediator, before resorting to arbitration or litigation. The clients will bear all costs of the mediation process. If mediation is unsuccessful, both parties agree to submit the dispute to binding arbitration under the rules of a mutually agreed-upon arbitration service. The arbitration shall occur in the same jurisdiction as the Venue. The arbitrator’s decision shall be final and legally binding, and judgment may be entered thereon. The Clients will bear all costs and fees for both side of parties involved associated with the arbitration.

HOLD HARMLESS

The clients shall be liable for any physical damage to the Venue, legal actions, and/or loss of reputation or business opportunities that the owner may incur as a consequence of the actions by the client and any of the clients guests or attendees during the lease hire period. The client agrees to indemnify and hold harmless the owner against all legal actions which may arise from the clients use of the venue and the following:

a.) Right to Cancel. The owner reserves the right to cancel this agreement at any time and for any reason upon providing at least 30 days’ written notice to the clients.

b.) Failure to Comply. The owner, for any reason and at their sole discretion, may terminate this agreement if the clients fail to comply with any term of this agreement or if the owner determines that the clients use of the venue poses an unacceptable risk of damage or harm.

c.) Natural Disasters. If the owner is unable to make the Venue available for any reason outside of their control, including, but not limited to, damage to the Venue, local emergencies, acts of God, or any other types of natural disasters, this agreement shall be canceled by the owner. In such an event, the owner agrees to refund the clients any amounts already paid, including the Deposit.

SEVERABILITY

This Agreement shall remain in effect in the event a section or provision is unenforceable or invalid. All remaining sections and provisions shall be deemed legally binding unless a court administers that any such provision or section is invalid or unenforceable, thus, limiting the effect of another provision or section. In such case, the affected provision or section shall be enforced as so limited.

GOVERNING LAW

This agreement shall be governed under the laws in the state of Queensland.

ADDITIONAL TERMS AND CONDITIONS

As agreed and included in the agreement/contract signed.

ENTIRE AGREEMENT.
This Agreement, along with any attachments or addendums, represents the entire agreement between the parties. Therefore, this Agreement supersedes any prior agreements, promises, conditions, or understandings between the Clients and Owner.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written on the contract. Each individual signing of the contract on behalf of a Party hereby represents and warrants that he or she is duly authorized and has the legal capacity to execute and deliver this agreement on behalf of said party.