These Terms & Conditions, along with any Quotation, form the agreement (this Agreement) that governs the provision of Services by Splash Events ACN 149 094 780 (Splash Events) and/ or ACN 664 501 893 (Splash Corporation) to you or the company you represent (the Client).
1. Quotation and Agreement
(a) These Terms & Conditions apply to all your interactions with Splash Events. They are included in all agreements, quotations, or orders for Services provided by Splash Events (each referred to as a Quotation). Any additional terms included in a Quotation will also apply, provided they are recorded in writing.
(b) By accepting a Quotation, placing an order, making payment, or providing a deposit for any Goods or Services offered by Splash Events after receiving or becoming aware of this Agreement, you are deemed to have accepted these Terms & Conditions.
(c) In case of any inconsistency between this Agreement and a Quotation, the clauses of this Agreement will prevail to the extent of such inconsistency.
(d) Quotations are valid for 30 days unless stated otherwise. If you do not accept this Agreement within the specified timeframe, the availability of Goods and/or Services may change, and prices may be subject to revision. Acceptance of a Quotation is not considered complete until Splash Events receives the required deposit payment.
2. Deposits
a) Deposits: For all hire and styling clients, a non-refundable booking fee of 30% of the total quotation is required to secure Splash Events’ services for a specific date exclusively for you. This fee covers immediate goods and services performed by Splash Events upon acceptance of this agreement.
(b) For event and wedding planning clients, a deposit of 50% of the total quotation is necessary to initiate the planning process.
(c) Deposits are mandatory for all orders, with the following exceptions:
(i) Orders placed less than 14 days prior to the hire period require full payment at the time of booking.
(ii) Custom-built or special purchase equipment requires a deposit of 70% of the total invoice amount at the time of booking to initiate the manufacturing or purchasing process. The remaining balance must be paid in full prior to the event.
(d) Depending on the nature and scope of the event, Splash Events may require a progress payment for larger events, corporate events, or events that involve planning or the booking of additional services. The specific details and timing of the progress payment will be communicated to the client and outlined in event proposal or when required.
3. Services
(a) In exchange for the fees outlined in the Quotation (Fees), Splash Events will provide you with the Services and Goods specified in the Quotation.
(b) If the Goods and Services are related to a wedding or another Event, the Event Date, as stated in the Quotation, is fixed and cannot be changed without written approval from Splash Events.
(c) Splash Events will deliver the Goods and perform the Services in accordance with this Agreement, including the scope of work referenced in the Quotation, as well as applicable laws and regulations.
(d) Splash Events reserves the right to subcontract any aspect of providing the Goods or Services, and you hereby consent to such subcontracting.
(e) Splash Events may, at its discretion, postpone work or withhold delivery of Goods or Services until all applicable Fees have been paid.
4. Client Obligations
(a) Documentation: The Client must provide Splash Events with all necessary documentation, information, and assistance reasonably required for Splash Events to provide the Goods and Services, including obtaining any ceremony or event permits or licenses that may be required for the Event (Permits).
(b) Compliance: It is the Client’s obligation to ensure that the Client, their guests, and Splash Events are aware of and comply with the terms and conditions of any Permits. The Client will indemnify Splash Events for any loss suffered in connection with a Permit.
(c) Co-operation: The Client agrees to liaise with Splash Events as Splash Events reasonably requests for the purpose of enabling Splash Events to provide the Goods and Services.
(d) Clean Up: Splash Events will not be responsible for cleaning up in relation to an Event unless specifically agreed upon in a Quotation (Cleaning Services). Additionally:
(i) Cleaning Services do not include cleaning up paper confetti, rice, or other compact streamers, and it is up to the Client to arrange a clean-up if these items are used.
(ii) Unless specifically agreed upon as part of a Cleaning Service, Splash Events will not be responsible for cleaning up drink bottles and cans after the Event.
(e) Cleaning Fees: Splash Events reserves the right (at its discretion) to charge additional cleaning fees if required when any Goods supplied by Splash Events cannot be cleaned using standard cleaning processes, including instances where:
(i) Rose petals used by the Client or their guests cause stains to linen, fabrics, or carpets.
(ii) Red wine or wax used by the Client or their guests cause stains to linen or furniture.
(f) Images: By accepting a Quotation for an Event, the Client agrees that images may be taken of the set-up of the ceremony and reception by Splash Events or its nominated photographer. These photos may be used for marketing and promotional purposes, and the Client releases Splash Events from any liability in relation to their use.
5. Payment Terms
(a) Fees: The Client is obligated to remit payment to Splash Events for the Fees, including any deposit, as outlined in the Quotation or as mutually agreed upon in writing.
(b) Final Event Payment: The Client must ensure that the final payment for the Event is received by Splash Events no later than three weeks prior to the Event date. This payment covers the remaining balance of the Fees.
(c) Expenses: Unless otherwise agreed upon in writing, any third-party costs incurred by Splash Events in the process of providing the Services may be invoiced to the Client.
(d) GST: Unless stated otherwise, the amounts stated in the Quotation already include Goods and Services Tax (GST). If any GST is applicable for a taxable supply made by Splash Events, the Client must remit the GST payment as specified in the tax invoice provided by Splash Events.
(e) Surcharges: Splash Events reserves the right to apply credit card surcharges for payments made using credit, debit, or charge cards (including Visa, MasterCard, and American Express), in accordance with applicable regulations and laws.
6. Cancellations
(a) Cancellation by Client: The following cancellation terms apply to all Events:
(i) If cancellation or termination occurs more than 30 days prior to the Event Date, a cancellation fee equal to the non-refundable deposit will apply.
(ii) If cancellation or termination occurs 29-14 days prior to the Event Date, the Client must pay a cancellation fee of 50% of the total Fees that would have been payable had the Client not cancelled.
(iii) If cancellation or termination occurs less than 14 days prior to the Event Date, the Client must pay a cancellation fee of 100% of the total Fees that would have been payable had the Client not cancelled or terminated.
7. Changes
(a) Availability Goods and Services are confirmed upon your acceptance of the Quotation. Only the Goods and Services stated in the Agreement are confirmed, and any requests for changes are subject to availability.
(b) Changes: If the Goods or Services have been booked for an Event, you may request Changes to the Goods or Services up to 3 weeks prior to the Event Date. Additional fees will apply for Changes that are outside the scope set out in the Quotation.
(c) Guest Reductions: If the Client wishes to reduce guest numbers, they must provide clear, written notice to Splash Events at least 3 weeks before the Event Date. In this case, Splash Events will discount the Fees payable by the Client accordingly. No refunds or discounts will be provided for guest reductions notified less than 2 weeks before the Event Date.
(d) However, if the reduction in guest numbers exceeds 20% within the 3 weeks leading up to the event, Splash Events reserves the right to retain the corresponding fees and not provide refunds below this amount due to the loss of opportunity.
(e) Guest Numbers: Requests to increase guest numbers within 4 weeks of the Event Date may not be possible but will be accommodated when viable.
(f) For quotes based on specific numbers, Splash Events reserves the right to adjust the price per head at its discretion. In the event that significant reductions in guest numbers occur for bookings involving tipis or large-scale events where the quoted price per head includes infrastructure costs, Splash Events may revise the price per head accordingly. This ensures that the pricing accurately reflects the revised scope and requirements of the event.
(g) Other Items: If the Client will be supplying personal items or any other items procured from a third party without Splash Events’ involvement (Other Items), this must be discussed with Splash Events at least 3 weeks in advance of the Event Date. If Other Items are not communicated clearly before the Event, Splash Events reserves the right not to set up the Other Items. If agreed upon, the Client agrees that additional fees may be charged following the Event at Splash Event’s standard hourly rates.
(h) No refunds will be provided for cancellations of equipment on delivery or for custom-built or special purchase items. The client is responsible for full payment in such cases.
(i) No refunds will be issued in the event of cancellation due to wet weather, as the decision to hold an outdoor event is at the client’s own risk. Please note that these items have been exclusively reserved for your event.
8. Warranties, Disclaimers and Liability
(a) Loss or Damage: The Client assumes responsibility for the equipment from the time of delivery until collection by Splash Events and is liable for any Equipment damaged or lost during this period. In the case of any broken, lost, stolen, or damaged décor, items, products, or other Goods caused by the Client or their guests, the Client must pay for their current replacement value within 13 days of the invoice date referring to damaged or missing items.
(b) Inclement Weather: Splash Events will not be held liable for event cancellations caused by extreme weather conditions.
(i) No refunds will be provided if an event is cancelled due to extreme weather.
(ii) With at least 4 hours’ notice of potentially cancelling weather, Splash Events will assist in setting up and coordinating the Client’s event at an alternate wet weather location of their choice and arrangement.
(iii) Splash Events retains the right to refrain from setting out décor items if the weather may negatively affect their condition or pose a risk to the equipment or the general public.
(iv) Equipment used outside is solely at the risk of the Hirer and should not be used or left outside overnight, in rainy or windy conditions, or exposed to mildew.
(c) Force Majeure: Splash Events will:
(i) Not be liable for failing to perform its obligations under this Agreement and will have no obligation to refund any deposits or waive any Fees payable by the Client if the Event is cancelled, postponed, or rescheduled due to an event beyond its reasonable control, including decisions by government authorities regarding COVID-19 or any unforeseeable or uncontrollable threat of COVID-19 affecting the Event and/or Splash Events.
(d) Reliance: Splash Events relies on information provided by the Client or third parties in preparing and providing the Goods and Services. Splash Events holds no responsibility for any loss or damage resulting from incorrect, inaccurate, or misleading information provided.
(e) Suggestions: The Goods and Services provided by Splash Events may include suggestions for the Client to consider certain actions. These suggestions are not professional advice but rather intended as helpful suggestions. Any action taken by the Client based on these suggestions is done at their own risk. Splash Events will not be liable for any loss suffered by the Client due to such suggestions.
(f) External Providers: During the provision of Goods and Services, Splash Events may recommend certain third-party providers. It should be noted that Splash Events may not have vetted these external providers and will not be liable for any loss or damage incurred by the Client through their engagement with such providers.
(g) Limitation of Liability: To the maximum extent permitted by applicable law, Splash Events’ aggregate liability to the Client for any loss or damage arising under or in connection with this Agreement is limited to the total Fees paid to Splash Events by the Client in the 12 months preceding the first event giving rise to the liability.
(h) Exclusion of Consequential Loss: Except to the extent prohibited under the Competition and Consumer Act 2010 (Cth) or any other applicable law, Splash Events will not be liable for any incidental, special, or consequential loss or damages arising under or in connection with this Agreement or any Goods or Services provided.
(i) Indemnity: The Client agrees to indemnify and hold harmless Splash Events, its officers, employees, and agents (referred to as “those indemnified”), from any loss or liability (including reasonable legal costs) incurred or suffered by any of those indemnified, caused by or contributed to by the Client or their officers’, employees’, or agents’ breach of any term of this Agreement or any negligent, misleading, fraudulent, or criminal act or omission.
9. Third-Party Goods and Services
(a) Third Party Terms: Any Service that requires Splash Events to acquire goods and services supplied by a third party on behalf of the Client may be subject to the terms and conditions of that third party (Third Party Terms).
(b) Client Responsibility: The Client agrees to any Third Party Terms applicable to any goods and services supplied by a third party that the Client or Splash Events acquires as part of the Services. Splash Events will not be liable for any loss or damage suffered by the Client in connection with such Third Party Terms.