Functions & Events - Terms & Conditions

Declaration

In this contract, ‘us,’ ‘we’, ‘our’, or ‘venue’ refers to FANCY HANKS CITY PTY LTD - ABN 20 611 317 321-  t/a Good Heavens, Fancy Hank’s and/or Springrock Public Bar.  

This contract outlines the terms and conditions applicable to “You”, meaning the entity you represent in accepting these terms or, if that does not apply, to you individually.  If you are accepting on behalf of your employer or another entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these terms; (ii) you have read and understand these terms; and (iii) you agree to these terms on behalf of the party that you represent.

These terms are effective as of the date you first sign a proposal or contract with the venue. The venue reserves the right to adjust these terms with 30 days prior notice by posting the revised version of this contract on the venue's website. 
By signing, you confirm your request for FANCY HANKS CITY PTY LTD to provide you with the goods & services outlined in this agreement. You acknowledge that you read and understood the Terms & Conditions below in this document. You accept the terms governing the payment schedule arrangement as set out in this agreement. By signing, you confirm your request for the venue to provide you with the goods & services for the term of this agreement.

Payment Methods

  1. Payments must be made via Bank Transfer or Credit Card (Credit Card transactions may incur standard processing surcharges).

Reserved Areas

  1. Every effort is made to honour requested booking areas. However, unforeseen conditions may necessitate on-the-day adjustments.

  2.  Contingency plans will be communicated beforehand. Casual bar tab bookings entail a combined standing and seating space allocation, not exclusively reserved for any group. 

  3. Preferences will be taken into account when allocating reservations & functions. 

Guest Conduct

  1. Guest conduct is subject to our venue's policies, and our management reserves the right to deny service to any individual in accordance with our policy.

  2.  Functions will adhere to the specified duration outlined in your booking contract unless extensions are mutually agreed upon by the event organiser and Sales Manager beforehand, and agreed upon in a revised contract. 

Decorations and Guest Items

  1. All decorations and gifts must be removed from the venue by the event organiser unless prearranged for post-event pickup. 

  2. Prior approval from the Sales Manager is necessary for the pre-event drop-off of items. 

  3. The venue does not assume responsibility for any loss of items brought onto the premises by guests, external hirers, or contractors. This includes guests' personal belongings as well as items belonging to external parties. 

Cancellations

We understand that plans can change. If you need to cancel your booking, please notify us in writing as soon as possible. Our cancellation fees are as follows:

  1. Cancellations made more than twenty-one business days before the event: Full refund.

  2. Cancellations made between twenty-one and fourteen business days before the event: 50% of the function balance.

  3. Cancellations made within fourteen business days of the event: No refund. 

We also offer the option to reschedule your event to a later date, subject to availability and any applicable price differences.

All cancellations must be communicated in writing to the Events Manager of the applicable venue:

  1. Fancy Hank’s - eventsmanager@fancyhanks.com

  2. Good Heavens - eventsmanager@goodheavens.com.au 

  3. Springrock - eventsmanager@springrock.com.au

In case of last-minute changes to your booking, please contact your venue immediately. We will do our best to accommodate your requests, including adjustments to guest numbers or menu selections, although some changes may incur additional charges.

Confirmations of Menu & Guest Numbers

  1. All events must confirm catering choices and guest numbers at least three weeks prior to the event's start. 

    1. Failure to submit catering choices will result in your coordinator selecting the menu on your behalf. 

  2. Menus are subject to change; if changes occur more than three (3) weeks prior to your event, the venue may not be able to honour your original selection. Your event coordinator will endeavour to inform you of any menu changes before your event.

Definitions

  1. All Groups Australian Consumer Price Index the Consumer Price Index (All Groups – Weighted average of eight capital cities) published by the Australian Bureau of Statistics, or any equivalent replacement index published from time to time.

  2. Australian Consumer Law means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

  3. Business Day means a day that is not a Saturday, Sunday or public holiday in The City of Melbourne (Victoria, Australia)

  4. Cardholder Data means data and information relating to the cardholder that is uploaded to the Gateway or otherwise communicated to the venue for the purpose of making a payment under this Contract.

  5. Force Majeure Event means an event beyond the reasonable control of a party (Affected Party), including without limitation strike, lock-out or labour dispute (except when that solely relates to the Affected Party’s workforce), act of God, war, riot, civil commotion, epidemic, pandemic, compliance with a law or government order, rule, regulation or direction (other than as a result of an act or omission of the Affected Party), accident, breakdown or unavailability of utilities, plant, machinery or telecommunication services, fire, flood, storm which in every case is not reasonably foreseeable and is beyond the reasonable control and without the fault or negligence of the Affected Party.

  6. Gateway means the payment processing services that are used to take payments from Customers.

  7. GST means goods and services tax.

  8. The venue means FANCY HANKS CITY PTY LTD ABN 20 611 317 321 

  9. Goods & services means a good or service the venue provides the Customer as described in a Contract.

  10. Taxes means all taxes other than income tax, including without limitation GST, and other applicable consumption taxes, duties, charges and fees.

  11. Customer Account Data means personal data that relates to Customer’s relationship with the venue and or Customer, including the names or contact information of individuals authorised by Customer to access Customer’s account and billing information of individuals that Customer has associated with its account. Customer Account Data also includes any data the venue may need to collect for the purpose of identity verification or as part of its legal obligation to retain records.

Contracts

  1. From time to time, the parties may agree to enter into Contracts specifying the Deliverables and/or Services to be supplied by the venue.  A Contract will comprise of:

    1. A contract sometimes referred to as a booking agreement

    2. Each Contract is a separate enforceable agreement in respect of its subject matter and, unless expressly specified otherwise in the relevant Contract(s).

    3. If adjustments are required for a contract, a new one may be issued. If a new contract is issued this cedes the terms and conditions outlined in the previous contract(s). 

    4. For the absence of doubt, nothing in these terms compels any party to enter into any Statement(s) of Work or Contract(s) for any Service(s) or Deliverable(s) at any time.

Termination for Cause

  1. This Contract may be terminated on written notice to the other party:

    1. by the Venue:

      1.  if the Customer fails to make payment of any Fees when due hereunder and such failure continues for 7 days after the Customer receives written notice of the overdue payment;

    2.  by either party:

      1.  if the other party breaches any material term of this contract and either

        1. the breach cannot be remedied; or

        2.  if the breach can be remedied, it is not remedied by the breaching party within 30 days after receiving written notice of such breach.

      2. if the other party is subject to an Insolvency Event;

      3.  if a Force Majeure Event affecting the other party continues for more than 30 days or at the time of said Function or Event. 

Termination for Convenience

The Venue, in its sole discretion, may terminate this Contract, in whole or in part, at any time without cause, by providing at least 45 days' prior written notice to the Customer.

Fees Payable

  1.  Any Fees payable by the Customer under a particular Contract will be specified and detailed in the applicable contract and invoice.

  2. Payments must be paid via Bank Transfer or Credit Card (Credit Card transactions may incur standard processing surcharges).

Fee Adjustment Mechanism        

  1. Subject to any other fee adjustment mechanism agreed upon in a contract, upon each anniversary of the Contract, the Fees will be increased by the relevant consumer price index; the All Groups Australian Consumer Price Index, over each year (or part thereof) of the preceding Contract Term.

  2.  You acknowledge that the pricing for the venue's services is based on the current market conditions and the prevailing costs at the time of contract execution. In the event of significant changes in the market conditions or costs that substantially impact the venue's ability to provide the services at the agreed-upon price, the venue reserves the right to adjust the price of the services.  In this case, the process will be as follows:

    1.  The venue shall provide written notice to the Customer at least 60 days prior to implementing any price adjustment. The notice shall include the effective date of the price adjustment and the reasons for such adjustment.

    2. Upon receiving the notice, the Customer shall have the right to terminate this agreement within 30 days from the receipt of the notice, without incurring any early termination fees or penalties.

    3. If the Customer chooses not to terminate the agreement, the adjusted pricing shall take effect on the specified effective date mentioned in the venues notice. The venue shall make commercially reasonable efforts to minimise any price adjustments and shall act in good faith when determining the necessity of such adjustments.

    4. Any price adjustments made in accordance with this clause shall not affect the fees paid by the Customer prior to the effective date of the adjustment.

    5. The Parties shall periodically review the pricing structure and market conditions to assess the need for any future price adjustments. The venue shall engage in good-faith discussions with the Customer to reach a mutually acceptable agreement on any proposed adjustments.

Notices

  1. All notices, consents, approvals or and other communications given or made under this contract shall be in writing and signed by the sender or its duly authorised representative, and shall be deemed effectively given upon:

    1. if personally delivered, on delivery;

    2. if sent by pre-paid mail, on the fifth clear Business Day after the date of posting (or the seventh Business Day after the date of posting if sent to or from an address outside Australia); and

    3. if sent by email, at the time of transmission by the sender, unless the sender receives an automated notice generated by the sender’s or the recipient’s email server that the email was not delivered,

    4. except that, if the delivery, receipt or transmission is after 5.00pm in the place of receipt or on a day which is not a Business Day, it is taken to have been received at 9.00am on the next Business Day.

  1.  All communications shall be sent to the respective parties at the addresses set out below or other such addresses as provided by the parties from time to time.  

    1. Attention: Sales Manager

    2. Address: 1/79 Bourke St, Melbourne VIC 3000

    3. Email: eventsmanager@fancyhanks.com  

No Waiver

The venue’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.

Entire Agreement / Severability

These Terms, together with any amendments and any additional agreements you enter into with the venue in connection with the Service, constitute the entire agreement between you and the venue.  If any provision of these Terms is deemed invalid, the invalidity of such provision will not affect the validity of the remaining provisions.

Miscellaneous

  1. All staff are trained in Responsible Service of Alcohol and by law reserve the right to stop serving anyone that they deem to be intoxicated. The venue takes Responsible Service of Alcohol obligations seriously. 

  2. In the unlikely event a guest is asked to leave due to intoxication or antisocial behaviour, no refund can be offered. 

  3. The maximum time functions can be booked is five hours.

  4. The maximum time a beverage package can be offered is four hours.

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