Terms of Service

This Contract for Services

Effective as of {{current_date}} (the “Effective Date”), by and between {{client_name}} (the “Client”) of {{client_address}} and {{business_name}} (the “Company”) of {{business_address}} (collectively, the “Parties”).

In consideration of the mutual promises herein, Client engages {{business_name}} and the Company agrees to provide entertainment services to Client under the terms and conditions below.

1. Description of Services

Client engages {{business_name}} to provide {{service_name}} services (the “Services”) for the event specified below:

• Name/Place of Event: {{venue_name}}, {{venue_address}} {{venue_postcode}}
• Date/Time(s): {{event_date}} {{event_start_time}}
• Name of Service: {{service_name}}
• Package: {{package_name}}
• Included in Package: {{included_extras}}
• Additional Services / Extras: {{extras}}

2. Term

Services commence on the date/time above and complete on {{event_date}} at {{event_end_time}}. The Contract may be extended and/or renewed by written agreement of the Parties.

3. Payment

Client agrees to pay {{business_name}} the total of {{total_balance}} {{total_balance_overridden}} (NZD), with a non-refundable retainer due within 5 days of signing and the balance due 28 days prior to the event, plus applicable taxes. If booking within 28 days of the event, full payment is due at booking and is non-refundable except as stated in Section 5 (Cancellation Policy).

Reservation: Upon signing and payment of the retainer, the Company reserves the equipment, time, and date for Client’s event. Overtime beyond the contracted period, if granted, is charged at the prevailing hourly rate.

3.1 Service Fee Summary

The Service Fee equals {{total_balance}} {{total_balance_overridden}} and covers only items listed in Section 1. Prices include applicable taxes unless stated otherwise. Payments are not transferable, assignable, or refundable except as expressly provided. Once signed, reductions in services are not permitted. Added services (confirmed in writing, email suffices) are billable without requiring a new contract.

3.2 Returned Payments & Collection

Client is responsible for solicitor’s fees, court costs, and other costs incurred in collecting delinquent accounts. If Client fails to remit payments as specified, Company may terminate this Agreement, retain the retainer, and has no obligation to render the Services.

3.3 Retainer & Cancellation Charges

An initial retainer of 20% for DJ/Casino events or $100 for Photobooth events is required unless otherwise agreed. Retainer may be paid via our booking system; dates can be held for 5 days pending payment. Retainers are non-refundable as consideration for pre-event work and lost bookings.

3.4 Regional Travel Fee

Within 30 km of {{business_name}}’s office: No travel fee. Beyond 30 km: $1.50 per km round-trip per attendant, charged past the 30 km radius from {{business_address}} {{business_postcode}}.

3.5 Long Distance Travel

Client is responsible for flights, accommodation, car rental/transport, and a $50 per diem. Payable within 10 days of receipt of the Company’s travel invoice.

3.6 Parking Fee

Client is responsible for venue parking costs. Client must provide suitable nearby parking or permits/passes in advance.

4. Modifications

4.1 Postponements / Date Change

On postponement, funds are retained and applied to the rescheduled date once agreed. Notify Company in writing immediately for any date change. Best efforts will be made to accommodate within the same calendar year. If unavailable or moved to a new calendar year, the retainer is retained and no further liability remains. Reschedules >6 months out may require price updates. A fair rescheduling fee may apply.

4.2 Additional Time

Extra time requires mutual agreement between Client, Company, and venue. Overtime is $100 per hour, payable immediately in cash or by card.

5. Cancellation Policy

Cancellations must be in writing. Upon cancellation, the date becomes open for other bookings. If there is no legally binding restriction preventing the event, all monies remain as credit for 1 year. Additional payments may be due as follows:

• ≥180 days prior: Retainer non-refundable. Other amounts (less transaction fees / special-order items) refundable.
• 179–60 days prior: No refund of amounts paid up to 50% of total; anything beyond 50% refunded. 50% still due if unpaid.
• ≤59 days prior: No refund; entire booking fee due. Exception: verified bereavement or military deployment (refund of all but retainer and transaction fees; for deployment, fees may be applied to a new date subject to availability).

Government Restrictions: If a lawful lockdown/order prevents the event, amounts paid (less retainer) will be refunded; the retainer remains as a transferable credit.

6. Late Payment

• Late fee of $100 if >5 calendar days late.
• $250 if >10 calendar days late.
• Company may suspend Services until amounts are paid.

7. Hired Period Specifications

7.1 Setup & Requirements

Hire covers the agreed Service period plus setup (60–90 mins) and pack-down (30–60 mins). Client ensures venue access and a suitable space (level, solid, min. 1.8m × 2.7m) with power (220V, 10A, 3-prong). Outdoor placement must be weather-protected. Extended access constraints (stairs, long load-in, etc.) may reduce live operation time if not pre-advised. Early setup may incur idle charges.

7.2 Downtime

Company guarantees equipment will be operational for at least 80% of the scheduled rental time; downtime beyond this (caused by equipment malfunction, not guest misuse) will be refunded pro-rata.

7.3 Damage & Termination

Company may terminate Services if equipment/property is at risk due to unruly behaviour. Client is responsible for damages caused by Client/attendees (excluding Company staff). Replacement costs and related losses may be charged. Report any damage immediately to staff.

Print-Out Design

Company will design a print layout from Client-supplied assets (logos, fonts, monograms). Includes one draft + one revision; further revisions billed at $300/hr.

8. Limitations of Liability

8.1 Cap on Liability

Company’s total liability is limited to a refund of the Service Fee. Due to event uniqueness, specific outcomes cannot be guaranteed and events cannot be recreated.

8.2 Exclusions

Company is not liable for: (i) loss/damage to guest property (e.g., watches, jewellery, cameras, clothing); (ii) personal injury/death unless caused by proven negligence of Company; (iii) emotional distress, punitive/consequential damages, lost profits/enjoyment/revenue, or replacement costs.

8.3 Illness/Injury & Acts of God

If staff cannot attend due to illness/injury/Force Majeure, Company will use best efforts to find a substitute. If none is available, amounts paid will be refunded promptly and no further liability shall apply.

9. Indemnification

Client will indemnify and hold Company harmless from third-party claims (including reasonable legal fees) arising from acts/omissions not attributable to Company, including but not limited to loss/damage/theft of materials outside Company’s control.

10. Force Majeure

If Company cannot perform due to fire, natural disaster, war/terrorism, epidemic/pandemic, government order, emergency, casualty, act of God, or similar beyond its control (a “Force Majeure Event”), Company will notify Client as soon as practicable. Company shall have no obligation to perform and no liability for the delay/failure. The Parties may seek an alternative date; if none is suitable, Company may refund fees less expenses/work already performed. No additional liability applies.

11. Venue Exclusion & Access

Client must obtain all necessary venue permissions. If the venue disallows the listed Services and Company is informed >72 hours prior, the retainer is retained and no further liability applies. If notified <72 hours or discovered on the day, no refund is due. Company will abide by venue rules; impacts from such rules are outside Company’s control. Client must provide accurate venue details and ensure reasonable loading access and parking (Client liable for fines/time if restricted).

12. Harassment During Performance

If staff experience physical danger or sexual harassment, Services may be ended immediately. For rudeness, Client/representative will be notified; if unresolved, Services may end. Products will be delivered using materials obtained prior to termination; refunds are at Company’s discretion.

13. Vendor Exclusivity

{{business_name}} is the exclusive provider of the contracted Services. No other professional vendor may provide the same service type at the event without prior written consent.

14. Intellectual Property

14.1 Copyright

All Company products are copyright-protected. Copying, scanning, reproducing, or altering without written permission is prohibited. Company may use products for advertising, display, stock, contests, or reasonable purposes without additional consent/compensation.

14.2 Digital Files

Purchased digital files are for personal use only unless otherwise agreed in writing. Client is responsible for backing up files. As a courtesy, files are stored for one year; retrieval beyond two years (if available) incurs a $100 fee.

14.3 Pricing Validity

Prices for additional products/services may change without notice after six months from signing. Included products not redeemed within six months after delivery may be void.

14.4 Delivery

Typical delivery of digital files is within two weeks; up to four weeks during peak periods.

15. Insurance

Company maintains general liability insurance and keeps the setup area under direct control safe. Any additional insurance required by law or the venue is the Client’s responsibility.

16. Default

Material default includes: (i) failure to pay when due; (ii) insolvency/bankruptcy; (iii) levy/seizure/assignment/sale of property by a creditor/government agency; (iv) failure to deliver the Service in the time/manner provided.

17. Remedies

On default, the non-defaulting party may terminate by written notice detailing the breach. The defaulting party has 5 days from notice to cure. If not cured, termination is automatic unless waived in writing.

18. Dispute Resolution

Any dispute will first be submitted to mediation in New Zealand under applicable New Zealand mediation rules. If mediation fails, the Parties may pursue other remedies available at law.

19. Entire Agreement

This Agreement is the entire understanding between the Parties and supersedes all prior oral/written agreements on its subject matter (including attached addenda where referenced).

20. Severability

If any provision is held invalid/unenforceable, the remaining provisions remain in effect. If limiting a provision would make it enforceable, it shall be so limited.

21. Governing Law

This Agreement is governed by the laws of New Zealand.

22. Notice

All notices must be in writing to the addresses set forth in the Order Confirmation or as later designated in writing, and delivered by email, personal delivery, recognised overnight courier, or registered mail. Notices are effective upon receipt by the recipient and compliance with this Section.

23. Waiver

Failure to enforce any provision is not a waiver of the right to enforce it later.

24. Survival

Provisions that by their nature should survive termination or expiry shall do so.

25. Signatories

This Agreement shall be signed on behalf of Client by {{client_name}} {{company_name}} and is effective as of the Effective Date above.