FUNCTION AND EVENTS | TERMS AND CONDITIONS
In this agreement the following terms (in both singular and plural forms) will have the respective meanings assigned to them.
Company – means The Watershed & Cohibar including all licensed premises, venues, hotels, bars and restaurants.
Client – means any person or company or authorised representative of that company.
Force majeure – means an act, event or cause which is beyond the reasonable control of the concerned party, including: Act of God, peril of the sea, accident of navigation, war, sabotage, riot, insurrection, civil commotion, national emergency (whether in fact or law), marital law, fire, lightning, flood, cyclone, earthquake, landslide, storm or other adverse weather conditions, explosion, power shortage, strike or other labour difficulty (whether or not involving employees of the party concerned), epidemic, pandemic, quarantine, radiation or radioactive contamination. ; ii. action or inaction of a government or government or other competent authority (including a court of competent jurisdiction), including expropriation, restraint, prohibition, intervention, requisition, requirement, direction or embargo by legislation, regulation, decree or other legal enforceable order, and iii. breakdown of plant, machinery or equipment or shortages of labour, transportation, fuel, power or plant, machinery, equipment or material;
Functions and Event Agreement and the agreement – means this entire document and including but not limited to any schedules, price lists or brochures.
Organiser – means the person or persons appointed by authority signs this agreement on behalf of the function.
2. ALCOHOL AND MINORS
i. Cohibar & The Watershed are licensed premises and operate pursuant to the Liquor Act 2007 and in accordance with the principles of Responsible Service of Alcohol, the governing law in NSW.
ii. Any patron under the age of 18 years may be permitted in Cohibar & The Watershed licensed premises before 9pm only with the prior consent from The Watershed & Cohibar Management (*prior notice must be given before an event) and all other patrons will be required to present proof of age at the request of staff at any time.
iii. If the venue becomes aware that the event is not as stated on your Group Booking Form, your event will be immediately cancelled, even if the function has already commenced, and all payments received will be retained by The Watershed & Cohibar. The Watershed & Cohibar also reserves the right to commence legal action to recover the cost of any damage.
The venue does not permit, under any circumstances 18th Birthdays, School Formal Events or Bucks Parties.
3. CONFIRMATION OF BOOKING
1. To secure the event booking, the Organiser is required to pay a deposit, to the value of $500 within seven (7) days of initial invoice.
2. A booking will NOT be confirmed until The Watershed & Cohibar receives full payment of the deposit, and the Group Booking Form furnished with the Organiser’s signature consenting to all terms & conditions.
3. A tentative booking will only be held for a maximum of seven (7) days.
4. CONFIRMATION OF NUMBERS
1. Confirmation of guaranteed/minimum numbers is required no less than 14 working days prior to the function date.
ii. As the final invoice is based on this number, charges will be based on guaranteed numbers or a final head count (as recorded by the venue manager), whichever is greater.
5. PRICE & PAYMENT
1. An initial deposit of $500 is required upon the signing of the Group Booking Form (amount differs for venue book outs)
ii. A Booking is not confirmed until the $500 deposit has been made.
iii. Full and final payment is to be made seven (7) working days prior to the function date
iv. The client agrees that on the function date there will be a minimum spend of an amount no less than the amount quoted by the Event Coordinator. The minimum spend is based on food and beverage purchases. If the minimum spend is not met with food and beverage purchases, the balance will be charged as room hire. The minimum spend differs depending on the day of the week, season & time of day.
v. Every effort is made to ensure prices remain as printed however these may be subject to change without notice.
vi. All pricing is inclusive of GST.
vii. All credit card payments attract a surcharge.
6. CANCELLATION & FORCE MAJEURE
i. If a party (“the affected party”) becomes unable, wholly or in part, by force majeure to carry out an obligation placed on it under this Agreement:
a. Cancellation of the function is available at the request of the Organiser;
b. The booking deposit is forfeited.
ii. If cancellation of function is made less than 14 days before the function date, any and all payments will be retained by The Watershed & Cohibar.
iii. If the booking is cancelled due to COVID 19 forced restrictions on the venue or by NSW Health Law restrictions, the refund any monnies paid prior to the event will be refunded or can be held in credit for a future function and event.
7. DETAILS & SPECIFIC REQUESTS
i. The Watershed & Cohibar and / or the relevant venue management can quote for and arrange any equipment that may be required for the function, e.g. DJ, AV equipment etc. These charges will be added on to the total function bill inclusive of a 20% service fee;
ii. Any and all specific arrangements and requests relating to menus, beverages, entertainment, audio/visual requirements and particular room arrangement must be confirmed no less than fourteen (14) days prior to the function, or as otherwise previously agreed between The Watershed & Cohibar and the Organiser;
iii. If menu details are not provided within this period, The Watershed & Cohibar cannot guarantee the availability of the dishes chosen;
iv. DIETARY REQUIREMENTS: please advise if any guests attending the function have any specific dietary needs or requirements a minimum 14 days before your function. The Watershed & Cohibar shall not be held accountable for any loss or injury incurred by a guest due to the non-disclosure of a specific dietary requirement
8. DAMAGE & INSURANCE
i. The Watershed & Cohibar will take all reasonable care but will not accept responsibility for damage to, or loss of personal possessions at any of the aforementioned venues;
ii. It is the Organiser’s responsibility to obtain their own insurance for themselves, their guests, and any contractors, for the period that these persons or their possessions are in any and all parts of the venue;
iii. The Organiser shall be held responsible for any and all damage and loss incurred to the premises, and equipment used during the function.
9. RESPONSIBILITIES RELATING TO VENUE/ROOM
i. The Organiser agrees to begin the function and vacate the designated function space at the scheduled times agreed upon. In the event that a function should go beyond the agreed finishing time, The Watershed & Cohibar may agree to grant an extension of time in favour of the Organiser, and reserves the right to impose a charge for each hour and / or part hour the function space is occupied thereafter. Dependent on Functions booked either side of the Function, set up can be done up to 45 minutes before the Event start time, and no earlier unless prior agreement in writing has been made.
ii. The organiser agrees to cover all costs, expenses and outgoings for the provision of security measures for events. The need for security at the event shall be at the sole discretion of The Watershed & Cohibar. Determination of the particular mode and extent of such security shall also be determined by The Watershed & Cohibar;
iii. Fire exits are not to be obstructed at any time. The Watershed & Cohibar reserves the right to adjust any set up or exhibitions to ensure that all Health and Safety and Fire Regulation codes are not breached;
iv. For all exhibitions produced by outside contractors, plans must be approved by The organised by the client must supply all of their own equipment, and are not permitted to use Watershed & Cohibar equipment under any circumstances. All contractors must liaise with The Watershed & Cohibar in all matters of room and equipment set up, access and delivery, and removal;
v. The relevant venue will only accept deliveries of goods or equipment on the day of the event, no more than 2 hours before the Event start time. It is the responsibility of the Organiser that all equipment and goods be both delivered to and removed from the venue within the same day of the event, or as otherwise agreed between Venue Management and the Organiser. Usage of a loading dock / access area may be pre-arranged at each venue and no parking is permitted in this area. The Watershed & Cohibar does not accept responsibility for the storage of goods and equipment before, during, or after the event.
10. GUEST RESPONSIBILITIES
i. The Watershed & Cohibar shall enforce a dress code, and ensure that this standard is maintained. Whilst jeans and themed dress is permitted in some venues, other venues may feature greater restrictions in relation to dress.
It is the responsibility of the Organiser to ensure that all guests are aware of the venue’s particular requirement;
ii. Fancy Dress is permitted with exclusive hire;
iii. The Organiser will be responsible to ensure the orderly behaviour of all guests, as well as any outside contractors or entertainers. The Watershed & Cohibar reserves the right to impose noise restrictions or intervene as seen fit;
iv. Any guest who is deemed to be intoxicated by The Watershed & Cohibar management or staff will be refused entry to the premises. If a guest deemed to be intoxicated is within the premises, that guest will be refused service and/or asked to leave the premises.
11. UNFORESEEN CIRCUMSTANCES
i. In the event that The Watershed & Cohibar is unable to comply with any provisions within this contract by virtue of any cancellation or interruption to gas or electricity supplies, industrial disputes, equipment failure, unavailability of food or equipment, or any other unforeseen contingency, the relevant venue management reserves the right to cancel any booking and/or refund any deposit without notice;
ii. In the event that the venue be unavailable due to such aforementioned unforeseen circumstances, The Watershed & Cohibar reserves the right to substitute similar venues.
Every effort will be made to advise the Organiser of such a change in advance;
iii. The Watershed & Cohibar reserves the right to cancel a booking in the event that:
a. The Organiser becomes insolvent, bankrupt, or enters receivership or liquidation.
b. The nature of the function was to prejudice the reputation of either the Company or the relevant venue.
12. RIGHTS AS TO PREMISES
i. The Watershed & Cohibar reserves the right to: a. Grant or refuse entry; b. Close the function at any time; and c. Extend the hours of the function
ii. Any additional security charges and / or other fees must be paid once an extension of operation is granted.
13. CONSENT TO TERMS & CONDITIONS
i. By signing these terms and conditions the Organiser accepts full responsibility for insurance cover for the event booked and all associated activities involved upon the Company’s premises. The Organiser agrees to cover rectification (by repair or replacement) of any damage caused, as well as agreeing to indemnify the Company for any loss of trade or other costs involved due to any damage caused to the premises;
ii. The Organiser consents to the use and occupation of the venue at their own risk. The organiser hereby agrees to keep the Company indemnified against all actions, suits, claims, demands, costs and expenses brought against the Company arising out of injury or damage to any person or property from or during the use of the Company’s facilities;
iii. This agreement shall be governed and constructed in accordance with the laws of New South Wales, Australia