Enchanted Event Space Hire Agreement – Terms and Conditions
Definitions:
“Enchanted” means jointly the property manager Host’d Ltd and the Property Owner represented by Host’d Ltd.
“Client” means the person/s or entity booking the Property through Host’d Ltd
“Event” means the duration of time that the Client books the property for, and is permitted to attend and use the Property for their own purposes
“Guest” means any persons attending the Property during the Event, regardless of whether they were invited by the Client or not
Acceptance of Terms The Client unconditionally accepts these Terms by either execution of this document and/or payment of the Security Deposit, and jointly and severally covenants to abide by the conditions contained herein. No variation of these Terms is binding without Enchanted’s written consent thereto.
Security Deposit A security deposit of $500.00 + GST is required at the time of booking confirmation. This deposit shall be held as security for the performance of the Client's obligations under this Agreement. The deposit is fully refundable within fourteen (14) business days following satisfactory inspection of all hired items and the property at the conclusion of the Event, provided there is no damage, loss, or breach of these Terms and Conditions.
Damage, Loss and Breakages The Client accepts full responsibility and liability for any damage to, loss of, or breakages to the Property, its fixtures, fittings, furnishings, glassware, crockery, cutlery, equipment, or any other hired items ("the Items") occurring during the Booking Period. The Client agrees to reimburse Host’d for the full cost of repair or replacement of any such damage or loss, including but not limited to labour costs, materials, and any associated expenses. Such costs may be deducted from the Security Deposit, and the Client shall be liable for any costs exceeding the Security Deposit amount. The Client shall notify Enchanted immediately of any damage or breakage that occurs during the Event.
Venue Risks and supervision of Guests, Children and Minors
The Client acknowledges that certain areas of the Property, including but not limited to garden areas, water features, bush tracks, bridges, and the glowworm dell, may present natural hazards that have a potential risk to cause personal injury.
The Client acknowledges that usage of these areas by any Guests constitutes acceptance of the risks present, and indemnifies Enchanted from any personal loss or injury that may occur to Guests during the Event
All children and minors under the age of eighteen (18) years must be accompanied and supervised by a responsible adult at all times during the Event. Children and minors remain the sole responsibility of their parent, guardian, or supervising adult.
The Client acknowledges that certain areas of the Property are potentially unsafe for unsupervised children. The Client accepts full responsibility for ensuring adequate supervision of all minors attending the Event and indemnifies Enchanted against any claims, injuries, or incidents involving children or minors.
Cancellation Policy All cancellations must be submitted in writing via email to enchanted@hostd.nz. Cancellations made:
more than eight (8) weeks prior to the booked Event date: Full refund of all payments less a $100 administrative fee
between four (4) and eight (8) weeks prior to the booked Event date: 50% refund of total booking fee
Less than four (4) weeks prior to the booked Event date: No refund will be provided. The Security Deposit is non-refundable in the event of cancellation made less than four (4) weeks prior to the Event date. Host’d reserves the right to retain any deposits and payments in accordance with this clause as genuine pre-estimate of loss and damage resulting from cancellation.
Insurance, Indemnity and Liability The Client is financially responsible and liable for any and all damage, loss, or injury sustained to the Property, its contents, or any third parties, caused by or arising from the Client, their guests, invitees, contractors, suppliers, or any other persons attending or associated with the Event. The Client agrees to indemnify and hold harmless Enchanted, its owners, employees, and agents against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees on a solicitor-client basis) arising out of or in connection with the Client's use of the Property or the Event. The Client is strongly encouraged to obtain public liability insurance for the Event and must provide proof of such insurance upon request.
Extended Hours and Overtime Charges The Event must conclude and all guests must vacate the Property by the Departure Time as specified in the Booking Confirmation. Should the Event extend beyond the confirmed Departure Time, an extended labour charge of $80 + GST per hour (or part thereof) will apply. This charge will be deducted from the Security Deposit or invoiced separately if exceeding the deposit amount. Enchanted reserves the right to require immediate cessation of the Event if it extends significantly beyond the agreed time without prior written authorisation.
Force Majeure and Limitation of Liability In the event that Enchanted is unable to provide the reserved facilities due to circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, pandemic, government restrictions, civil disorder, war, or any other force majeure event ("Force Majeure Event"), the Client's sole remedy shall be a full refund of any deposits and payments made. Enchanted shall provide reasonable notice to the Client where circumstances permit. Enchanted shall not be liable for any indirect, consequential, or special damages, loss of profits, or any other losses arising from cancellation due to a Force Majeure Event. This clause does not limit any rights the Client may have under the Consumer Guarantees Act 1993 where applicable.
Compliance with Laws and Regulations The Client agrees to comply with all applicable New Zealand laws, regulations, and bylaws during the Event.
Health and Safety The Client acknowledges their responsibilities under the Health and Safety at Work Act 2015 to ensure, so far as is reasonably practicable, the health and safety of all persons attending the Event. The Client must identify and manage any hazards associated with the Event and notify Enchanted of any specific health and safety concerns prior to the Event date.
Noise and Amenity The Client agrees to ensure that noise levels are kept to a reasonable level and must comply with any local council noise control bylaws. Loud music and celebrations must cease by 3am or as otherwise specified in the Booking Confirmation. Enchanted reserves the right to terminate the Event immediately without refund if excessive noise complaints are received.
Important Notice: Nothing in this Agreement is intended to exclude, restrict, or modify any consumer rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, or any other legislation that cannot be lawfully excluded.