Silverstream Retreat Limited
Terms of Engagement Agreement
1. Terms and Conditions
1.1. This Agreement records the terms and conditions under which Silverstream Retreat Limited (“Silverstream”) will provide its facilities and services to the Client for the intended function or event (“the Event”).
1.2. If the Client signs the Acceptance section at the end of this Agreement, pays a deposit as recorded below or otherwise instructs Silverstream to proceed to prepare the Event after receiving a copy of this Agreement, the Client will be deemed to have accepted the terms and conditions recorded in this Agreement.
2. Event Details, Costs Estimate and Booking Confirmation
2.1. The Client will provide details of the Event in writing to Silverstream including the date of the Event, the duration of the Event, the expected number of attendees, preferred rooms/accommodation, room/accommodation set-up requirements, audio visual requirements, menu and bar selections, decoration options and the schedule of the Event.
2.2. Silverstream will provide an estimate (“the Estimate”) of the Event costs in writing to the Client based on the details provided by the Client to Silverstream.
2.3. The Estimate is not binding, and is given as a guideline only. Silverstream’s total fee may exceed the Estimate. Silverstream’s total fee will be calculated on the basis of the number of attendees, fixed rates in respect of specific facilities and services (which may be varied at Silverstream’s discretion) and expenses actually incurred by Silverstream in organising the Event, including as a result of contracting outside services. All such expenses actually incurred will be collated in an Event account (“the Event Account”).
2.4. The Client must inform Silverstream promptly if any details need amending to ensure that the booking of the Event can be correctly placed. In any event, the Client must confirm the booking and Event details (“the Booking Confirmation”) no later than two weeks before the commencement of the Event (“the due date”). The Client must confirm the guaranteed minimum number of attendees of the Event no later than one week before the commencement of the Event. If the above confirmations are not made by the above deadlines, Silverstream reserves the right to cancel the Event booking and allocate the venue/date to another party.
2.5. If the Client amends the room and/or accommodation selection from that recorded within the Booking Confirmation, within two weeks of the commencement of the Event (including by changing rooms/accommodation or by cancelling one or more of the hired rooms/accommodation), Silverstream reserves the right to charge the hire fees in respect of the rooms/accommodation actually used for the Event, or the rooms/accommodation initially hired and then cancelled, or both, at Silverstream’s discretion.
2.6. In the case of a private booking, for the purposes of booking accommodation for family and guests, Silverstream requires the first and last name, contact and credit card details of a lead guest per room booked, no less than six weeks prior to the date of the Event. Any accommodation not booked in accordance with these requirements by this date will result in the room bookings being cancelled by Silverstream. Any accommodation held by the Client but not paid for will have the flat rate charges applied to the Event Account.
2.7. Silverstream reserves the right to assign an alternative room or rooms and/or accommodation for the Event if the number of attendees changes (whether by increasing or decreasing) from that recorded within the Booking Confirmation within two weeks of the commencement of the Event and Silverstream at its discretion considers the room or rooms initially hired is/are inappropriate.
2.8. Silverstream cannot guarantee that it will be able to accommodate any changes to attendee numbers or to menu selections within two weeks of the commencement of the Event. If any changes to attendee numbers or menu selections are made after the due date, a 15% surcharge on the food to be served at the event may apply at Silverstream’s discretion.
2.9. The Client is responsible for accounting for special dietary requirements (for which additional fees apply) for attendees of the Event when making meal selections within the Booking Confirmation. If attendees require meals to be produced during the Event which are different from the Booking Confirmation, a $9.20 surcharge (inclusive of GST) per meal per day may apply at Silverstream’s discretion. Silverstream cannot guarantee that it will be able to supply different such meals at the attendees’ request.
2.10. Other additional fees, surcharges or costs may apply for other late amendments to the booking and details of the Event. If there is any inconsistency between the Client’s records and Silverstream’s records in respect of the Event details, Silverstream’s records will prevail.
2.11. Silverstream reserves the right to adhere to maximum venue numbers and cannot guarantee that an increase in numbers will be accommodated.
3. Payment of deposit and bond
3.1. At the same time that Silverstream issues the Estimate, Silverstream will issue an invoice to the Client for a deposit (“the Deposit”) amounting to:
3.1.1.$500 for groups of 30 or fewer people; or
3.1.2.$1,000 for groups of more than 30 people; or
3.1.3.50% of the total of the Estimate for bookings of two days or longer, or Events which use more than one venue and/or accommodation area. This includes all conferences, regardless of number of guests or rooms used. The Deposit will be deducted from the Client’s final account.
3.2. The Deposit is due by the 20th day of the month following the date of the invoice, or two weeks before the commencement of the Event, whichever is the earlier. If the Deposit is not received by whichever of the above due dates applies, Silverstream reserves the right to cancel the Event booking and allocate the venue/ date to another party.
3.3. Notwithstanding 3.2 above, for all weddings or functions, the Deposit must be paid in order to confirm the related booking. The space and accommodation will not be held or reserved until the Deposit is received.
3.4. Silverstream will not commence preparations for the Event until the Deposit is paid.
3.5. The Deposit is non-refundable and non-transferable between departments.
3.6. Payment of the Deposit amounts to acceptance by the Client of the terms and conditions recorded in this Agreement and the Estimate issued by Silverstream.
3.7. In the case of a Wedding, function, private event or team booking, at the same time as Silverstream issues an invoice for the Deposit, Silverstream will also issue an invoice to the Client for a bond (“the Bond”) of $1,000.
3.8. The Bond is refundable and will be returned to the Client after the conclusion of the Event, provided no deductions apply.
3.9. Deductions from the Bond will be made in the following circumstances:
3.9.1.For breakages of any crockery, equipment or chattels;
3.9.2.Extra guests not included in the Estimate, who have not been approved by Silverstream in writing;
3.9.3.The unapproved vacation of guests after Silverstream’s checkout time of 10am;
3.9.4.The setting off of fire alarms;
3.9.5.The removal and cleaning of spillage that requires extra attention, beyond general cleaning. This includes any type of confetti;
3.9.6.Damage to Silverstream’s rooms and/or accommodation, beyond reasonable wear and tear
3.9.7.Such other matters as Silverstream’s manager in their reasonable discretion may decide.
3.10. Silverstream will issue an invoice or costing to the Client for the balance of Silverstream’s total fee (including any surcharges, repair costs or other additional fees) on or before the conclusion of the Event, or after the conclusion of the Event. This is entirely at Silverstream’s discretion, as for all weddings, functions and sports team events, the balance including bond must be paid in full before arrival (14 days prior for weddings) or upon check-in before any access is permitted.
3.11. If the invoice for the balance of Silverstream’s total fee is issued on or before the conclusion of the last day of the Event, then such invoice will be due and must be paid by the Client within seven (7) days of the conclusion of the Event.
3.12. If the invoice for the balance of Silverstream’s total fee is issued after the last day of Event, then such invoice will be due by the 20th day of the month following the date of the invoice.
3.13. A 15% surcharge to Silverstream’s total fee applies for Events on public holidays as defined in the Holidays Act 2003.
3.14. Any payments made by the Client using an American Express card will incur a 2.5% surcharge.
3.15. All payments must be in New Zealand dollars, net of any deductions or withholdings.
3.16. If the Client’s account is not paid in full by the payment date per 3.10 or 3.11 above, interest will be charged on the total amount unpaid at the rate of 5% per annum from the date the account became due, up to and including the date the account is settled in full.
3.17. If the Client’s account is not paid in full by the payment date per 3.10 or 3.11 above, all costs incurred by Silverstream in collecting the debt, including as a result of referring the debt to a collection agency, instructing lawyers and/or commencing legal proceedings, will be recoverable by Silverstream from the Client on a full cost recovery basis (ie solicitor/client costs).
3.18. Silverstream may disclose the Client’s details, including personal information, to a collection agency or lawyer for the purpose of recovering any outstanding debt.
3.19. Silverstream may make reasonable and confidential credit enquiries about the Client from an appropriate credit information provider prior to providing facilities and services.
4. Silverstream’s and Client’s Responsibilities
4.1. Silverstream takes great pride in the provision of its facilities and services. The Client, the Client’s employees, contractors and other agents and all attendees to the Event must take good care of, and must not either directly or indirectly cause or allow to be caused any damage to, Silverstream’s property, including the facilities and venue, fixtures and fittings and personal property or any other assets in the venue or in any way connected with the Event. In particular, the Client shall not make any alterations to the structure, fittings, decorations or furnishings of the venue nor use any hooks, tacks, staples, nails, adhesive fasteners, screws, reusable adhesive such as Blu-Tack, or sellotape in the venue. The Client must leave the venue in the same condition as it was prior to the event. The Client will be liable to pay for the costs of repairing any damage to Silverstream’s property, for which repairs will be commissioned and carried out by Silverstream or its appointed tradespersons. (Note) As some of the flooring has a max permitted weight, any equipment brought in by the Client or third parties must have prior written authorisation from Silverstream management.
4.2. The Client’s equipment/decorations, or any equipment/decorations hired from an outside source by the Client, must be removed from the venue by 1am in the morning immediately following the conclusion of the Event (or 12 midnight for the Boardwalk venue on a Saturday night) or earlier upon mutual agreement. The Client will be liable to pay for any expenses incurred by Silverstream in removing and returning equipment from the venue for the Client.
4.3. The Event will commence and conclude at the scheduled times within the Booking Confirmation. If the Event exceeds the scheduled time, additional charges may apply.
4.4. The bar service at the Event will conclude by 12 midnight (11pm for the Boardwalk on Saturday nights) and a minimum spend applies. In accordance with Silverstream’s obligations in respect of the safe and responsible sale, supply, and consumption of alcohol and Silverstream’s policy to serve the public as a friendly, responsible and professional host, Silverstream will always provide food, alcohol-free beverages and low-alcohol beverages at the Client’s cost and/or attendees’ cost.
4.5. Attendees must not behave in an irresponsible manner that endangers or offends other persons. Silverstream reserves the right to provide security for any Event as it deems necessary. Attendees who are visibly intoxicated will not be served alcohol and will be asked to leave the premises. This includes attendees who arrive at the Event in an intoxicated state. Silverstream reserves the right to suspend all bar service until such matters are resolved. Silverstream staff will promote public transport options and will have contact details for public transport available at all times.
4.6. It is against the law to serve alcohol to minors. If any Silverstream staff member is in doubt as to the age of an attendee, the staff member will request to see an appropriate document proving the attendee’s age. Alcohol will not be served to the attendee if the attendee does not produce upon request such document proving his or her age. Attendees who supply alcohol to minors will be refused service and will be asked to leave the premises. Parents and legal guardians are legally permitted to supply alcohol to minors, but may be asked to provide proof of guardianship.
4.7. For 21st Birthday Events, parents and/or legal guardians must be present for the whole Event, from arrival until departure.
4.8. Food or beverages of any kind, other than food or beverages supplied by Silverstream, may not be brought to the event (without prior authorisation) . Silverstream will confiscate any unauthorised alcohol brought to the event by the Client or attendees. The consumption of alcohol in attendees’ vehicles whilst parked within Silverstream’s grounds is strictly prohibited. If this occurs, said alcohol will be confiscated and the attendees involved will be asked to leave the premises. Silverstream staff reserve the right to suspend service at the bar and shut down the Event until such matters are resolved.
4.9. Limited BYO alcohol may be permitted with prior authorisation by Silverstream management, and will be subject to surcharge. Such authorisation will be at the sole discretion of Silverstream management.
4.10. The Client must nominate a designated person who can be contacted throughout the event if Silverstream staff require assistance, including in respect of unruly or irresponsible attendees.
4.11. Silverstream does not allow outside caterers to use its venues without prior agreement. Any leftover food catered by Silverstream shall remain the property of Silverstream, and will be discarded at Silverstream’s discretion. No remaining food will be made available for the Client or attendees to take home.
4.12. The Client and their guests/attendees must vacate all venues by 1am (midnight for the Boardwalk on Saturday nights.) immediately following the conclusion of the Event, or earlier if agreed.
4.13. The appended sound system agreement must be completed and signed for all Events.
4.14. The Client agrees that Silverstream has the right to use information and/or photos of the Event and Event setup on its website and social media platforms, unless agreed otherwise.
5. Limitation of Liability and Indemnity
5.1. Silverstream’s liability for any loss suffered by the Client, which is caused by any negligence on Silverstream’s part or which arises from or is connected with services or goods provided by Silverstream (or intended to be provided by Silverstream under this Agreement), will be limited to the value of those services or goods. Silverstream will not be liable for any consequential, incidental, indirect or special damage or loss of any kind.
5.2. Under no circumstances will Silverstream make good or accept liability for any damage, theft or loss of any property brought to the venue by the Client, the Client’s employees, contractors and agents, or by attendees to the Event. The Client agrees to indemnify Silverstream for any claims or proceedings made against Silverstream as a result of such damage, theft or loss of property.
5.3. The Client also agrees to indemnify Silverstream from any loss, damage or liability in respect of any claims or proceedings made against Silverstream based on or arising from any act or omission (including in breach of this Agreement) on the part of the Client, the Client’s employees, contractors and agents and on the part of attendees to the Event.
6. Confidentiality
6.1. Silverstream will hold in confidence all information concerning the Client and the Client’s affairs which Silverstream acquires during the course of providing facilities and services under this Agreement. Silverstream will not disclose any such information to any other party except to the extent necessary for Silverstream to carry out the Client’s instructions, to the extent required by law and/or to the extent necessary to enable Silverstream to recover any outstanding debt from the Client.
7. Postponement and Cancellation
7.1. The date of the Event may be postponed to another available date, at Silverstream’s discretion, if the Client gives Silverstream at least 30 days’ notice in writing. The date to which the Event is postponed must be within six months of the original date of the Event booking.
7.2. The Client may cancel the event by giving Silverstream notice in writing (“notice of cancellation”), in which case either clause 7.3 or 7.4 below will apply, depending on the circumstances.
7.3. If notice of cancellation is given two weeks or more before the commencement of the Event, the Deposit (per clauses 3.1 to 3.5 above) will remain payable to Silverstream and/or will be retained by Silverstream. If Silverstream has contracted outside services that cannot be cancelled, the Client will be liable to pay for those services.
7.4. If notice of cancellation is given within two weeks of the commencement of the Event, the Client will be charged a cancellation fee amounting to 100% of the estimated total Event costs (under clauses 2.1 to 2.3 above). Any monies already paid by the Client to Silverstream, including the Deposit, will be deducted from such cancellation fee. If Silverstream has contracted outside services that cannot be cancelled, the Client will be liable to pay for those services.
7.5. Silverstream’s ability to meet its obligations under this Agreement is subject to the intervention of matters outside Silverstream’s control including, but not limited to, natural disasters, industrial disputes, failure of utilities, accidents, pandemics, Government regulations and restrictions, staff restrictions, transportation, food and beverage supplies, breakdown of machinery and equipment failure. Should the occurrence of any such matters make it impossible for the Event to proceed, Silverstream will in the first instance offer to postpone the Event to another mutually agreed date. If the parties cannot agree on an alternative date or if the Client does not accept Silverstream’s offer to postpone the Event, Silverstream will cancel the Event and refund all monies paid by the Client to Silverstream up to that point. Silverstream will not be liable for any loss or consequential damages incurred by the Client as a result of such cancellation.
