Terms & Conditions

1. Definitions In these Terms and Conditions unless the context indicates otherwise:
2. Booking Form means any booking form submitted by You to Evergreen Garden Venue;
3. Event means the event specified in the Booking Form or the date agreed upon by You and Evergreen Garden Venue;
4. Event Date means the date specified in the Booking Form or the date agreed upon by You and Evergreen Garden Venue;
5. Event Services means the services specified in the Booking Form or the services agreed upon by You and Evergreen Garden Venue;
6. Force Majeure means any cause or circumstance beyond Evergreen Garden Venue’s reasonable control, including but not limited to any; floods, fires, torrential rain, any nature of extreme weather and labour disputes;
7. EGV means “Evergreen Garden Venue ” or “RFT Enterprises ABN 26 043 932 338”;
8. Premises means the premises located at 10 Evergreen Court, Parkwood Gold Coast Queensland, Australia;
9. Total Estimated Cost means the total estimated cost of the Event Services, as advised by us to You; and
10. You/your means the client obtaining the services.
2. Provision of Services

Subject to these Terms and Conditions EGV,

1. Grants to you a license and authority to use the Premises on the Event Date; and
2. Agrees to provide the Event Services to you;

for the purpose of presenting the Event

3. Tentative Bookings/Booking Fee
   1. The booking is not considered confirmed until EGV has received your Booking Fee (as specified in clause 4.1 below) and Booking Form.
   2. If your Booking Form and Booking Fee is not received within seven (7) days your tentative booking will expire and your date will be available to be booked by others.
   3. Once we have received your Booking Form and Booking Fee, we will send you a receipt and confirmation of your booking.
4. Payment​
4. All payments below include 10% GST.
5. Booking Fee
   1. On returning the booking form (within seven [7] days of tentative booking) a non-refundable booking fee of fifty percent (50%) of the Total Estimated Cost of your booking (the Booking Fee) must be received by EGV.
6. Balance Payment
   1. At least four (4) weeks prior to your Event a tax invoice will be sent to you from EGV for the remaining fifty percent (50%) of the Total Estimated Cost of your booking (the Balance Payment). Payment for this invoice must be received by EGV four (4) weeks prior to your Event.
   2. This payment is strictly non-refundable.
   3. If the Balance Payment in accordance with clause 4.2 is not received by EGV four (4) weeks prior to your Event your booking will expire, your date will be made available to be booked by others and you will forfeit your booking fee.
7. Security Deposit
   1. A security deposit of five hundred dollars ($500.00) will be invoiced to you one (1) month prior to your Event Date to cover any breaches of the terms of use of the venue as per clause 12.0;
   2. This Security Deposit will only be used by EGV  to cover any additional  expenditure as a result of loss or damage incurred as a consequence or in the course of holding your Event or in consequence of the actions of any guest prior to, during or after the function;
   3. This Security Deposit is fully refundable to your nominated bank account after the Event Date in the absence of any breaches of the provisions of clause 12.0;
   4. If the Security Deposit is insufficient to pay for such loss or damage, you will be responsible for any short-fall.
5. Alcohol
   1. Responsible Service of Alcohol
      1. It is illegal to serve alcohol to
         1. An intoxicated person;
         2. Disorderly persons; or
         3. Patrons under eighteen (18) years of age
      2. In accordance with Liquor Licensing Legislation EGV reserves the right to refuse service and/or exclude or eject any guest from the function or from the premises if same person is intoxicated, unruly, aggressive or destructive.
6. Entertainment and Noise Restrictions
   1. Due to the residential location of EGV all music/entertainment must cease no later than 9:00pm. This is a council requirement;
   2. Amplified music outside the Homestead or in the grounds is not permitted;
   3. The management reserves the right to control the quality, style and volume or any entertainment booked. All entertainment in every form must be discussed and approved prior to your Event. We reserve the right to refuse approval of entertainment in any form prior to the Event if it does not conform to our guidelines.
7. Final Numbers

You must confirm to EGV the final numbers for guests attending the Event at least 30 days prior to the Event Date. Once your final numbers have been confirmed, EGV will make reasonable efforts to cater for additional numbers, however approval from EGV will be required before we agree that we can cater for same additional guests.

8. Venue Access
   1. Parking
      1. As EGV is situated within a residential region there is a strictly enforced no street parking policy; any breaches of this clause will result in a $50 per car deduction from the Security Deposit paid;
      2. A drop off, taxi or Uber is required for all guests to arrive and depart the venue who have not arrived/departed via the courtesy bus;
      3. There are six (6) car parks available to be used by at your discretion, i.e. bridal car, grooms car, celebrant, videographer or special needs.
9. Equipment and Deliveries

EGV does not accept responsibility for damage, or loss of, any client’s property left in the premises prior to, during or after a function.

10. Food

No outside food (including but not limited to chocolate fountains, cheese platters and dessert bars) is permitted except the wedding cake and infant supplies.

11. Event Duration
    1. The following event durations must be strictly adhered to. Variations to these events duration times can only be granted in writing from EGV:
       1. ceremony time is limited to a two (2) hour period; and
       2. ceremony and reception time is limited to a three to six (3-6) hour period.
    2. An Event at EGV is not permitted to commence before 9:00am or finish later than 9:00pm.
    3. Events are to conclude at the agreed time on the Invoice;
    4. Pre arranged extension times are available if booked in advance and will incur an additional hourly fee;
12. Conduct at Venue
    1. Any breach of the bellow provisions will entitle the management of EGV to deduct remittance from the Security Bond as per clause 4.3:
       1. The client, service providers and guests are not permitted to park in the street Evergreen Court Parkwood;
       2. No alcohol or beverages or food is to be brought in to the venue unless pre arranged as per clause 10.0;
       3. All rubbish must be removed following the Event and the grounds are to be left in the same condition in which they were found;
       4. No confetti, rice or similar are permitted to be thrown, however rose petals and bubbles are acceptable;
       5. The client acknowledges there are water features and rough ground at the venue and children must be supervised at all times;
       6. Music and amplifier are permitted but not to produce a volume of sound that is unreasonably loud or causing disturbance to neighboring properties;
       7. The client shall conduct the Event in an orderly manner and ensure compliance by all persons in attendance.
          1. The representative(s) of the venue shall be entitled to remove any person whose behavior is objectionable, improper or undesirable.
13. Cancellation and Postponement
    1. Cancellation
       1. If you cancel your tentative booking before EGV has received the Booking Fee you will not be liable for any costs, however, your booking will expire and your Event Date will be able to be booked by others;
       2. If you cancel your confirmed booking after the Booking Fee has been received by EGV you will forfeit the Booking Fee and your booking will expire and your Event Date will be able to be booked by others;
       3. If you cancel your booking after the Balance Payment has been received by EGV you will forfeit the Booking Fee and Balance Payment, your booking will expire and your Event date will be able to be booked by others;
       4. EGV may terminate the booking for whatever reason where upon a full deposit will be refunded;
       5. All cancellations must be confirmed to EGV in writing.
14. Postponement
    1. Postponement may be available on request, however charges may apply;
    2. The postponement may be transferable for an alternative date, subject to availability, for a period of six (6) months from the original Event date.
14. Smoking
    1. Smoking is restricted to the designated smoking area within the grounds of EGV.
    2. Smokers must use ashtrays provided by EGV. Failure to do so may result in an excess cleaning fee being deducted from the security deposit.
    3. There is strictly no smoking permitted on the street.
15. Force Majeure
    1. EGV will not be liable for any loss incurred by you as a result of any required alterations or cancellation of any or all of the Event Services or to observe any of these terms due to an event of Force Majeure.
    2. During the continuance of an event of Force Majeure EGV’s obligations under these conditions will be suspended.
16. Weather Conditions
    1. EGV is an outdoor venue and is not responsible for any adverse weather conditions, or finding an alternative location;
    2. Outsourced structures and edifices are not permitted and there is no undercover area;
    3. No refund will be provided in the event of unfavorable weather, however a marquee can be provided by EGV to you at an additional cost.
    4. This marquee must be booked and paid for seven (7) days prior to the Event.
    5. Once paid, no refund will be issued due to changes in weather conditions.
16. Copyright

EGV reserved the right to use any image, photograph or video taken from the Event, taken by EGV for the purpose of any legitimate advertising or marketing activities for EGV for use in any media type including but not limited to television, internet, newspaper or other print mediums.

17. Variations to Terms and Conditions

EGV reserves the right to make reasonable changes to these terms and conditions if required at any stage and will provide you with written notice of any changes to these terms and conditions, for your acceptance.

18. Loss or Damage
    1. You shall be responsible for any loss or damage to the Hired Facilities or Premises (including fittings and equipment) and any injury to a staff member caused by any guest of or contractor engaged by your or your agents prior to, during or after the function or Event;
    2. You shall be responsible for any loss, theft or damage to the property of any guest or contractor engaged by you or your agent, left on the premises prior to, during or after the function.
19. Indemnity
    1. Approval is given to use the specified area with the understanding that you have accepted to indemnify EGV in respect of any claims for costs, charges, personal injury and or damage to property or persons as a result of, or attributed to your use of the Venue.
    2. By payment of the booking fee under clause 4.1 the client agrees to assume full responsibility for themselves, their guests and service providers for any injury, or damage that may occur as a result of their event and will be held liable to pay for any resulting damages.
20. Insurances
    1. We strongly recommend that you obtain the appropriate insurances for your personal property including gifts.
    2. We strongly recommend that you obtain Public Liability Insurance for a minimum sum of $20,000,000.00 to negate your liability, your guests and service providers against claims and subsequent legal action for recovery of damages.
21. General Terms
    1. If a provision in these terms and conditions is wholly or partly invalid or unenforceable in any jurisdiction, that provision or the part of it that is invalid or enforceable must, to that extent, and in that jurisdiction, be treated as deleted from these terms. This does no affect the validity or enforceability of the remaining provisions in that jurisdiction, or of the deleted provision in any other jurisdiction.
    2. EGV may assign or otherwise deal with the benefit of any contract made pursuant to these terms provided they obtain your consent to the assignment
    3. All contracts made between you and EGV shall be governed by and construed in accordance with the laws of the State of Queensland. You agree to submit to the non-exclusive jurisdiction of the Queensland courts for all purposes of or in connection with such contracts.