The event is a gathering of person or persons at a predetermined time and place initiated by a party for a particular purpose.

Little Wren Events Pty Limited ABN 41 660 742 076, its directors, staff and contractors who agree to determine and control the delivery of goods and services as part of the event.

The booking party who determine the purpose of the event and is a person or persons whose names and signatures appear on the booking application form and who engage or intend to engage Leaves & Fishes to provide goods and services for an event.

The booking application form is a document completed by the booking party containing information that Leaves & Fishes uses to determine the nature of the goods and services it supplies or it intends to supply.

A guest is a person in the booking party, a person known to the booking party or a person known to a person known the booking party invited by the booking party to attend the event who attends the event or intends to attend the event and a person to whom Leaves & Fishes supplies or intends to supply goods and services.

A contractor is any person or entity other than Leaves & Fishes who is engaged by the booking party to work at the event and render goods and services as part of the event whether it be before, during or after the event.

A visitor is a person in the booking party, a guest or a contractor involved with the event.

The premises is 737 Lovedale Road, Lovedale NSW 2325 Australia or any other location that Leaves & Fishes supplies or intends to supply goods and services as part of the event.

The venue is either Leaves & Fishes The Venue, Leaves & Fishes The Restaurant or any building on the premises that Leaves & Fishes supplies or intends to supply goods and services as part of the event.

The commencement time is the time from which Leaves & Fishes supplies or intends to supplies goods and services to visitors other than the booking party.

The closing time is the time till when Leaves & Fishes supplies or intends to supplies goods and services to visitors other than the booking party.

The Master of Ceremonies is a person or persons who direct visitors and/or introduces speakers whether through a device to amplify their voice or not.

The booking party agree and warrant that all visitors agree to these terms and conditions. The booking party agree and warrant that all visitors agree that Leaves & Fishes may change these terms and conditions at any time without notice. The booking party warrant that any information supplied in relation to the event by themselves or any other visitor is true, complete and accurate. The booking party agree to these terms and conditions when making a booking application and any visitors agree to these terms and conditions by entering the premises or showing intent to attend the event whichever occurs first.

The booking party engages or intends to engage Leaves & Fishes in a contract to determine the nature of and supply or intend to supply goods and services to visitors of the event. The booking party will nominate and revise a total amount payable to Leaves & Fishes between the time of a booking application form being completed and six weeks before the date of the event and pay that amount to Leaves & Fishes no later than one month before the event. Leaves & Fishes will determine the nature of the goods and services to the value of the total amount paid one month before the date of the event and will deliver those goods and services except where it reserves the right to withhold those goods and services as specified in these terms and conditions.

The booking party will complete a booking application form for each event they desire to hold at the venue. The booking party will nominate each member of the booking party. The booking party will specify the date of the event, the earliest commencement time, minimum number of guests and minimum event duration. A booking deposit of 25% of the estimated spend is payable at the time the booking to confirm your event. Leaves & Fishes will review the booking application form and issue an acceptance in writing to the booking party.

If the booking party’s application is rejected, the booking party may submit another application form however Leaves & Fishes reserves the right to change the goods and services offered and terms and conditions governing any event that is the subject of this new application. The booking party will also provide a valid credit card of which a member of the booking party is the cardholder to secure against any damages. Leaves & Fishes reserves the right to recover damages in excess of $500 at any time necessary.

The booking party may request a payment schedule to pay any amount owing to Leaves & Fishes in instalments. Leaves & Fishes reserves the right to allow the booking party to pay in instalments and the nature of this payment schedule at its sole discretion. Whether the booking party is paying in instalments or not, the booking party must have paid at least 50% of the total cost of the event no later than 6 months before the event and have paid the remaining balance no later than one month before the event. Any payments may be made by cash, direct deposit, credit card excluding American Express or cheque.

Any person or entity that makes payment to Leaves & Fishes on behalf of the booking party will forfeit their rights or not exercise their rights under consumer law including but not limited to a refund, credit, exchange, to determine the nature of the goods and services received and to commence legal proceedings against Leaves & Fishes to recover any funds paid.

The booking party will supply the total number of guests, commencement time and event duration and contractors attending the event no later than four weeks before the event. The booking party will supply their chosen suppliers and contact information for these no later than four weeks before the event. Leaves & Fishes reserves the right to refuse to accept any determination or information provided by the booking party later than four weeks before the date of the event.

Leaves & Fishes may also use any photography taken by Leaves & Fishes before, during or after the event in its marketing and advertising activities.

The booking party will be responsible for arranging any first aid and care of a visitor in the event of an emergency including but not limited to contacting emergency personnel. In the event of any emergency, Leaves & Fishes reserves the right to withhold goods and services or cancel the event.

The booking party or any parents/guardians in attendance will provide active supervision of any minor in attendance. Any minor in attendance will be required to follow the instructions given by Leaves & Fishes not withstanding the assistance of the booking party or parents/guardians in abiding by these instructions. No minor in attendance will consume alcohol or be provided with alcohol by another visitor. In the event that a minor is found to have consumed alcohol, a minor shows intent to consume alcohol, or a visitor shows intent to supply a minor with alcohol, Leaves & Fishes reserves the right to ask that minor to be accompanied by their parents/guardians to leave the venue, ask that any visitors supplying or showing intent to supply alcohol to a minor to leave, report the incident and any party involved to the police, withdraw goods and services at the event and/or cancel the event completely.

The booking party will produce certificates of currency for any insurance held by any contractor for the period in which the event is held to Leaves & Fishes upon request. Leaves & Fishes reserves the right to refuse entry to any contractor or ask any contractor for which a current certificate of currency is not received when requested. Leaves & Fishes reserves the right to cancel any event should the booking party not produce any certificate of currency when requested. Contractors will not use any substance that may impair their ability to carry out their work or safe passage to and from the venue.

Leaves & Fishes determines house policies governing the provision of goods and services. Visitors at the event will abide by any house policies Leaves & Fishes determines at the time of the event. Leaves & Fishes reserves the right to amend these house policies at any time without notice. Leaves & Fishes reserves the right to request identification to determine any visitor’s age. Leaves & Fishes reserves the right to refuse alcohol to any visitor, refuse entry to any visitor or ask any visitor to be removed at any time at is sole discretion. The booking party and visitors are solely responsible for the safe passage of all visitors to and from the venue; Leaves & Fishes will not be responsible for any damages or harm to any person caused by a visitor on their way to or from the venue.

All visitors will follow the instructions given by Leaves & Fishes at all times. Leaves & Fishes reserves the right to change or withdraw the goods and services provided at any time without notice and without compensation. Leaves & Fishes reserves the right to remove any visitor that fails to follow instructions by Leaves & Fishes, is abusive, threatening, intimidating to Leaves & Fishes or other visitors or is found to be engaging in any illegal activity or anti-social behaviour. In the event that a visitor refuses to leave or comply with any instruction, Leaves & Fishes reserves the right to ask police to attend, withhold goods and services or cancel the event.

The booking party will inform Leaves & Fishes of any decorations or equipment that that the booking party wishes to install at the premises no later than four weeks before the event. Leaves & Fishes reserves the right to refuse for any decorations or equipment to be installed at the premises at its sole discretion. The booking party and its contractors will be permitted to enter the venue no earlier than noon on the day prior to the event to install the equipment or decorations. No visitor will enter the venue unless under the supervision of Leaves & Fishes.

The venue and its equipment and installations are provided “as is” – Leaves & Fishes makes no warranties about the suitability of the venue for the installation of equipment including but not limited to audio/visual equipment requiring separate electrical circuits protected by rated circuit breakers, tables, ladders, chairs, walls and facia.

All decorations, equipment, gifts and personal belongings will be removed from the premises no later than noon following the date of the event. Leaves & Fishes takes no responsibility for any loss or damages to any decorations, equipment, personal belongings or gifts at the premises before, during or after the event. Leaves & Fishes reserves the right to determine and change the times when visitors may access the premises at its sole discretion at any time without notice. The booking party is responsible for all visitors at the premises at all times.

The use of the venue by visitors is limited to the time between the commencement time and closing time or the event. Leaves & Fishes reserves the right to determine or change the period assigned for the use of the venue from the above at its sole discretion at any time without notice. Leaves & Fishes may conduct other events before or after the event. Visitors to the event will not be allowed into the venue if another event is taking place at the venue. The booking party may request access for themselves and/or visitors outside the times specified in these terms in writing to Leaves & Fishes no later than four weeks before the event. Leaves & Fishes reserves the right to refuse any request received at this time or later at its sole discretion.

No event will close after 11PM. All guests will have vacated the premises by the closing time. Live music and service of alcohol will cease 15 minutes before the closing time. No live music and no alcohol will be served later than 10:45PM. The booking party is responsible for ensuring that all visitors depart the premises when required to do so.

Leaves & Fishes reserves the right to cancel without penalty any event and determine any compensation at any time at its sole discretion. The booking party may cancel their event in writing to Leaves & Fishes. If the booking party cancel within 30 days of their booking being accepted, Leaves & Fishes will return any amount paid towards the event up to that time minus an administration fee of $500. If the booking party cancel their event after 30 days, they will incur a $1500 cancellation fee. For cancellations less than 12 months prior to the event the booking party will forfeit their 25% deposit. If the booking party cancel their event within six months or less of their event, the booking party will forfeit 50% of the booking, cancellations less than 3 months prior to the event, 100% of the total invoice will be forfeited.

Leaves & Fishes as a contractor to the booking party carries out work on behalf of the booking party and therefore the booking party is solely responsible for any damages or harm to any person sustained by any and all visitors to the event. For any amount determined by Leaves & Fishes at the time of approving the booking up to a maximum of $2000 payable once only in the event of a successful claim or successful claims against Leaves & Fishes to the booking party, the booking party indemnify Leaves & Fishes against any and all claims by themselves and/or any third parties for damages caused as a result of the event including but not limited to the use or non-use of goods and services; failure by Leaves & Fishes to provide goods and services; Leaves & Fishes withholding goods and services where it is able to do so as described by these terms; rejection or approval of any event; acting on any information or determination supplied by a member of the booking party whether it is or is not unanimously agreed by the booking party as a whole; failure to confirm an event in writing; withholding or failure to provide goods and services; supplying goods to any visitor that causes harm due that visitor’s medical condition or personal preference; reporting or failure to report an incident of child abuse or medical emergency to the police or emergency personnel; any action taken by another visitor; loss, damage to or caused by gifts, decorations, personal belongings or equipment; failure by a visitor or the booking party to install decorations or equipment; providing or failure to provide access to the premises by any visitors; cancellation of any event; and use, non-use or failure to provide any complimentary items awarded to the booking party. Leaves & Fishes reserves the right to limit its liability to the full extent of the law. The total liability for any claims under these terms including any implied warranties will be limited to that amount determined by Leaves & Fishes at the time of the booking up to a maximum of $2000. Leaves & Fishes makes no other warranties or guarantees beyond those specified in consumer law about the venue, its equipment and any goods and services for their use for the event. Leaves & Fishes makes no warranties or guarantees that the availability and condition of the venue, its equipment and any goods and services at the time of the booking party’s booking application was made will remain the same at the time of the event. Leaves & Fishes makes no guarantees or warranties about any information provided to the booking party in relation to goods and services outside of these terms and conditions. Leaves & Fishes makes no warranties or guarantees about the fitness of the venue for the work of the booking party’s contractors. Any payment made on behalf of the booking party will be deemed to have been made by the booking party and any person making a payment on behalf of the booking party forfeits their rights or will not exercise their rights under consumer law completely. The booking party will be responsible for any damages or harm to any visitors or their property sustained before, during and after the event. Leaves & Fishes will seek to recover damages from any visitors found to be at fault or will hold the booking party responsible for damages caused by any visitors. Leaves & Fishes reserves the right to withhold the bond of $500 paid at the time of the booking and recover any and all amounts payable in the event of damages or harm to Leaves & Fishes firstly from the supplied credit card and thereafter from the booking party through other means.

The booking party and/or visitors will co-operate in any effort to recover damages to Leaves & Fishes.

The terms and conditions set out in this document and those implied by consumer protection laws are the only terms and conditions that apply in this contract. The terms and conditions are governed by the state of New South Wales Australia and parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales Australia and courts of appeal from them determining any dispute concerning these terms and conditions. If any of these terms are invalid, they will be struck out and the remaining terms will remain in force. If the owners do not act in relation to a breach by the booking party or their guests of these terms, this does not waive the owners’ right to act with respect to subsequent or similar breaches. These terms and conditions are effective from 1st November 2013.