Thank you for choosing Utopia @ Waterfall Gully (hereafter ‘our’, ‘we’, ‘us’) for your wedding. These are the terms and conditions under which you (hereafter ‘you’, ‘you’ or ‘your’) agree to use the Goods and Services supplied by us. This and the detailed information package provided to you will be referred to hereafter as ‘the Terms’.
The Terms below are important because they set out your rights and obligations when using these Goods and Services (‘Your Booking’). Please read these terms carefully before booking our Goods and Services.
Your Booking is confirmed once you have completed your booking confirmation email and paid your non-refundable, non-transferable booking payment. However, where you fail to provide an executed copy of the booking confirmation email but proceed to instruct us in relation to the provision of our Goods and Services (or pay the booking payment), you are confirming your acceptance of these Terms.
This agreement expressly supersedes any prior agreements or arrangements with you.
All bookings at our venues are made upon, and are subject to, the following terms and conditions as determined by us. By paying your non-refundable, non-transferable booking payment, you are agreeing to the following:
1. Scope of Services
We offer a number of Goods and Services by way of ‘Packages’. The totality of the Goods and Services chosen by you will be referred to within the Terms as ‘the Package’, and will be outlined in your booking confirmation email.
2. Tentative Booking
You may tentatively book the Package for your chosen day for a maximum period of five (5) days from the date that you send a written request reserving your specific date.
If you do not execute the Terms and pay the required booking payment outlined in your emails, your tentative booking will automatically lapse and will be available for another interested party to book our services on your specific date.
3. Booking Payment
You must pay a booking payment which is non-refundable and non-transferable. The exact Booking Payment required to be paid is the fixed amount outlined in your booking confirmation email (‘the Booking Payment’).
For our Once Upon a Wedding and Winter Wonderland Wedding packages, you are also required to make an additional, non-refundable Progress Payment of $2000 six (6) months prior to your wedding date, as requested by your coordinator.
Such Booking Payments and Progress Payments are non-refundable and non-transferable (except where otherwise outlined within these Terms). By paying the Booking and Progress Payments, you acknowledge and accept that these payments are not refundable and not transferable unless specified in this Agreement.
The purpose of the Booking Payment and the Progress Payment is to secure the Package on your specific day – including all pre-event administration and planning – and for costs and expenses to ensure all included goods, services, sites and equipment are prepared and maintained for you.
These payments will be deducted in full from your Final Payment (unless a portion of your Booking Payment is retained due to a significant drop in numbers, as per section 6 below).
4. Payments
All booking parties (as an individual or as a couple), will be jointly and severally liable for all payments owing to us.
Package prices are quoted inclusive of GST. Payments can be made by way of credit card, EFTPOS, bank cheque or cash. Credit card and EFTPOS payments will be subject to a surcharge of 1.5%. Personal cheques are not accepted.
You are required to pay for the Package as follows:
- The Booking Payment;
- In the case of Winter Wonderland and Once Upon a Wedding packages, a progress payment of $2000 to be requested by your coordinator approximately six (6) months prior to your wedding date (‘the Progress Payment’);
- The remainder of the total amount due (‘the Final Payment’), due no less than four (4) weeks before your Booking Date for weddings, or as per the deadline outlined in writing from your coordinator for smaller events.
Failure to make payments in accordance with the above means that we may suspend or withhold the performance of Goods or Services until such payment is made. We may also cancel your Booking and release your specific date to another interested party. You may also be subject to late payment fees.
We reserve the right to increase the price of the Goods and Services where there are any last minute changes to the scope of services, or in instances where there is an increase in guest numbers or labour performed. The additional charges will form a Sundry Payment and will be payable prior to or on the Booking Date as confirmed by your coordinator.
Please be aware that prices for the supply of the Services are based on the costs prevailing and the specifications supplied at the time of the price given. Subject to your rights under law, including the Australian Consumer Law, we reserve the right to vary the price if costs increase.
Upon completing your booking confirmation email and paying your Booking Payment, you acknowledge that the Package price cannot be reduced from the amount agreed between the parties, regardless of circumstances.
Your Package may also be subject to a surcharge on top of your Package price where you require your Booking to be held on a Public Holiday. We do not take bookings on Good Friday or Christmas Day.
Due to the significant administrative costs involved, we do not offer payment plans or instalment payments.
5. Cancellation or Change of Booking Date
You may cancel this agreement at any time, by notifying us in writing.
Where you wish to cancel, all monies paid up to the point of cancellation will be retained.
We will use our best endeavours to meet a request for a postponement of date, however it must be a date that is mutually agreeable and new package pricing will apply. In the event of a postponement, the following will apply:
| Nature of Event | Postponement Schedule |
|---|---|
| Weddings | Must give twelve (12) months notice |
| Smaller Celebrations | Must give six (6) months notice |
| High Teas | Must give one (1) months notice |
Where you are able to give the above notice, your Booking may be postponed to a new date on the proviso that you book an equivalent or higher package than the one booked. New package pricing will also apply. A further non-refundable Booking Payment of $750 is payable to secure the new date.
Where you cannot give the above notice, the Booking will be treated as cancelled and cancellation terms apply.
No further changes or transfers will be made after a date transfer. No refunds or package price reductions will be offered for cancelled package inclusions. Postponements may also be subject to availability.
You are only able to postpone your Booking on one (1) occasion and the new date must be within twelve (12) months of the original Booking Date. If a date is required beyond this, further fees may apply.
We may terminate the agreement between the parties where you are in breach of the Terms, including but not limited to the non-payment of the Invoices. Where we terminate the agreement for a breach, you will be responsible for all fees and disbursements incurred or accrued prior to termination.
At any time, before or during the Event, we may withdraw or cancel our Services in some circumstances. Such circumstances include but are not limited to discovery of new information, changes to agreed circumstances, non-cooperation, changes in locations, facilities, or available times, missed appointments and late payments, or threatening, harmful or violent behaviour, or damage to our equipment. You acknowledge that in such circumstances you are not entitled to any refund or compensation.
6. Guest Numbers
You must provide final guest numbers, and full details of any special dietary requirements no less than six (6) weeks prior to the event for weddings, or fourteen (14) days prior to the event for smaller celebrations, unless advised otherwise in writing by your coordinator.
We do not offer a refund of monies if there is a reduction of numbers thereafter.
You may request to increase your guest numbers up to two weeks prior to your Booking Date for weddings, and one week for smaller events, however late additions are not guaranteed and payment must be made for any approved increase immediately upon acceptance.
There will be no refund of monies in the event that the confirmed number of guests do not attend your event. Any guests in attendance but unaccounted for prior to the Booking Date will incur a cost immediately on your Booking Date.
In the case of final guest numbers significantly lower than originally booked, a variance of 20 percent or greater, the booking payment for these guests will be retained by the Venue to cover liquidated damages as a genuine estimate of loss suffered.
We will always do our best to accommodate final guest numbers that are significantly higher than originally booked, however venue spacing limitations do apply.
Guest numbers will always be subject to any capacity restrictions resulting from a Government direction for any reason, including COVID-19.
7. Service of Food
All included catering and staffing is supplied by the Venue. We operate and adhere to all local Food Safety and SA Health food service requirements.
We will always endeavour to cater for special dietary requirements such as gluten free, vegetarian and vegan guests, however exclusions apply for very restrictive diets and no guarantees can be made.
External or BYO catering is not permitted, with the exception of wedding cakes which must be prepared in a licenced kitchen and delivered as advised. Costs will be incurred for the service of a BYO wedding cake.
8. Children
Whilst children are welcome at our Venues, they are the full responsibility of their parents or guardians and must be supervised at all times.
9. Service of Alcohol
Our Venues do not offer BYO alcohol options. Liquor licensing laws apply at all times and service may be refused.
10. Guest Behaviour
By accepting these Terms, you accept full responsibility for you and your guests for the duration of your Booking.
11. Damages, Repairs and Cleaning
You are financially responsible for any repairs, damage, or additional cleaning required as a result of your Booking.
12. Safety
Adults and children are required to wear footwear at all times while attending our Venues.
13. Music and Noise
Music must cease at the time directed by your coordinator and must not exceed reasonable noise levels.
14. Smoking
Our Venues are strictly non-smoking except in designated areas.
15. Adverse Weather
Alternative arrangements may be made in the event of adverse weather, subject to availability.
16. Preparing the Venues
Personal items must be delivered as advised by your coordinator.
17. Use of BYO Suppliers and Contractors
All external suppliers must be approved in advance and comply with Venue requirements.
18. Intellectual Property
Images and video captured by the Venue may be used for marketing purposes unless otherwise agreed in writing.
19. Force Majeure
We will not be liable for failure or delay caused by events beyond our control.
20. Amendments
Any amendments must be confirmed in writing.
21. Governing Law and Jurisdiction
These terms and conditions are governed by the laws of South Australia and subject to the exclusive jurisdiction of South Australian courts.