TERMS AND CONDITIONS OF BUSINESS
Ballara is delighted that you have chosen us to host your upcoming wedding and we look forward to making memories with you while helping you plan your special day. These terms and conditions form the agreement between the person(s) making the booking (“you” or “client”) and Deronigo Pty Ltd ABN 28 006 596 158 (“Ballara Receptions”). The agreement commences when you make a booking with Ballara and payment of the Initial Retainer is received and Ballara confirms your booking in writing. Please read these Terms and Conditions carefully prior to making your booking and paying the Initial Retainer. If you need clarification with respect to any of the terms or conditions, we would be happy to assist you.
PAYMENTS WHICH YOU ARE REQUIRED TO MAKE TO US UNDER THIS CONTRACT
You are required to make the following payments to us under this contract (such payments which are referred to collectively as Amounts Paid):
a) Initial Retainer. The Initial Retainer is an initial payment of $2,000 (two thousand dollars).
The Initial Retainer is for the purpose of holding the date of your wedding, and is payable
when you sign and complete this contract. The Initial Retainer is non-refundable and non-
b) Second Retainer. The Second Retainer is a second payment of the amount that is
representative of 50% of the minimum number of guests required for your package. The
Second Retainer is payable at least four (4) months prior to your wedding. The Second
Retainer is non-refundable and non-transferrable.
c) Final Retainer. The Final Retainer is the balance of the outstanding amount that is due and
payable to us under this contract. The Final Retainer is payable at least ten (10) business days
prior to your wedding.
You may pay any Amounts Paid that are due to us by cash, cheque, direct debit or credit card (bankcard, visa & mastercard only). Credit cards incur a 1% surcharge.
To give you the opportunity to double check everything, we can place a tentative hold on your preferred date for a period of seven (7) days. Ballara reserves the right to remove a tentative booking after it has been held for seven (7) days, without notice.
BOOKING & INITIAL RETAINER:
A booking is only considered confirmed by the payment of the Initial Retainer by you, and upon receipt by Ballara of this contract completed and signed by you. The Initial Retainer will be deducted from your final invoice.
The Second Retainer is payable four (4) months prior to your wedding. The Second Retainer will be deducted from your final invoice. You may, if you wish, pay off further amounts in the lead up to your wedding.
The Final Retainer is payable at least ten (10) business days prior to your wedding. The Final Retainer must be received on time in order for your booking to be able to proceed.
You must advise us of your final guest numbers at least sixteen (16) days prior to the wedding date. You agree that the final cost of the function shall be determined by the guest numbers that we have ten (10) business days prior to the function date and shall be determined by that number, or the minimum number of adult guests required for the applicable date, whichever is the greater.
We will not charge you an upfront bond prior to the wedding. However, credit card details must be provided at the final appointment. If there is any damage to the venue, thefts, additional guests, bar TAB or other incidentals the supplied credit card will be charged. You will be notified before any such charge is made.
Ballara shall not be responsible for loss of, or damage to, property left on the premises prior to, during or after the function. The client accepts responsibility for any damage or theft to the premises or its fittings or equipment caused by the client, client’s guests or by outside contractors engaged by the client prior to, during or after the function. The client is required to inform all relevant persons involved in the organising of the function, whether colleagues or contractors, of these Terms & Conditions.
Smoking is not permitted in any indoor facility on the Ballara property. There is a designated smoking area which everyone must use. Ballara may remove any person breaching this condition from Ballara’s property.
All prices are GST inclusive. All prices stipulated on this contract shall be adhered to. Any other prices or optional extras are listed separately and are subject to change without notice.
The minimum spend equates to the minimum number of adult guests required for your selected date under your package by the applicable rate (Minimum Spend). We will provide you with details of the Minimum Spend that applies to your wedding function in writing before you sign this contract and pay the Initial Retainer.
The Minimum Spend requirement that applies to this contract does not mean that the applicable number of people must attend your wedding function. If you have fewer than the minimum adult number of people required for your package, we will include children and support to make up those numbers. Management will then calculate any extra value of the Minimum Spend that you have available once overheads, staffing etc are taken into consideration.
Bookings are non-transferrable.
Notice of cancellation of a wedding booking must be made in writing and received by Ballara.
In the event that you cancel your wedding booking with us (Cancelled Function):
(a) If you cancel your Cancelled Function on a date that is more than four (4) months prior to the booked date:
(i) The Initial Retainer will be non-refundable unless we are able to re-book the date of the
Cancelled Function with another client for another comparable function.
(ii) If we are able to re-book the date of the Cancelled Function with another comparable
function by a date that is four (4) months prior to the Cancelled Function, we will refund the
Initial Retainer to you less the following expenses:
A) a Ballara cancellation fee of $500; and
B) a further cancellation fee of $250 will apply if you have a DJ as part of your package for
the Cancelled Function (as is also referred to in the DIAMOND PACKAGE FURTHER
DETAILS section below
(b) If you cancel your Cancelled Function on a date that is less than four (4) months and up to
two (2) weeks prior to the Booked Date, you will forfeit all Amounts Paid which you have paid.
(c) If you cancel your Cancelled Function on a date that is less than two (2) weeks prior to the booked date, you will forfeit all Amounts Paid which you have paid and you must pay us the balance of the full cost of your function.
ALTERATIONS TO CONTRACT
Any alteration to these terms and conditions must be in writing and signed by both relevant parties.
Access to the Ballara property for you and your guests, commences at the time stated on the contract and must be adhered to. Any changes can only be made after discussion with Ballara and upon written confirmation. Please confirm your ceremony and reception commencement times with us before you print your invitations.
Evening functions are a 5 hour duration, lunches are a 4.5 hour duration and commence from the service of canapés & beverages. Ceremonies must be in the 1.5 hours immediately prior to the reception or as arranged and stated on this contract. The celebrant and members of the bridal party may arrive up to 30 minutes prior to the commencement of the ceremony for set up purposes – no earlier unless discussed and confirmed with Ballara. If you chose to hold your ceremony on site, you will have a gap period to take group photos and family shots before the reception commences, and then pre-dinner drinks and canapes will commence while you take couple photos.
If not holding your ceremony at Ballara, you may arrive up to one hour prior to your reception time to commence taking photos. You will then have the pre-dinner drinks & canape time to continue taking photos. If choosing to hold your ceremony on site, you will have a gap period to take group photos and family shots before the reception commencing, and then pre-dinner drinks and canapes will commence while you take couple photos.
Evening weddings may also extend the duration of the reception if desired at an additional cost. Any optional items are included for the standard reception time frame, price on application for extensions. Guests must vacate within 30 minutes of the scheduled event completion. If you are unable to adhere to these times you may incur extra charges.
The standard access time for set up is the two-hour time period immediately prior to the commencement of your reception and the standard pack down time is the one-hour period from when your reception is scheduled to finish.
All entertainment is an additional cost to you and must be sourced by you. Ballara must approve details and set-up arrangements prior to the date of your function. Ballara has a noise metre installed to ensure guest enjoyment. Bands can be no greater than four pieces to fit on the stage, and any external bands must be checked with Ballara before booking. You will need to organise an MC – this can be through your DJ/Band or a guest. If organising BYO projectors, using Ballara’s background sound system etc, you must have someone in charge of controlling this for the duration of the reception – the function manager is not responsible for music or AV. DJ/Bands must comply with any noise or time restrictions as advised by the function manager on the day.
All table centres, lolly buffets and additional decorations required by the client but not included in Ballara’s packages, must be checked for their suitability with Ballara, and set up by external suppliers at a time deemed suitable. Ballara only puts out items that just require placement on a table with no set up. Wax candles are only permitted if the flame is fully enclosed. Nothing can be attached to walls etc with the use of staples, sticky tape, blue tac etc. No paper confetti, rice or glitter throwing is permitted – however fresh rose petals or bubbles are acceptable outdoors (silk petals only are allowed indoors). You will be liable for any breach of this and damages caused will be charged to the credit card on file. Ballara reserves the right to alter the décor, fixtures and fittings within the property at any given time without notice to you.
CHILDREN & SUPPORT STAFF
Children are classed as between the ages of 2 and 12 years. Minimum number of guests does not include children. Children under the age of 2 years will not be provided with a meal or a seat unless charged for. We have 3 high chairs available at no charge. Support staff e.g. music (band or DJ), photographers, videographers etc. if working for you throughout the wedding, will require a meal. Support crew sit on a separate table to the guests. All of these meals are at a discounted rate.
RESPONSIBLE SERVICE OF ALCOHOL
As a liquor licensee, Ballara is required to meet certain obligations in relation to the responsible service of alcohol. In accordance with these obligations, and not withstanding any other provision in these terms and conditions, Ballara has the right to refuse entry or reject patrons, at Ballara’s absolute discretion, if they are: intoxicated, violent, quarrelsome or disorderly, having glassware on the dancefloor, smoking in a smoke-free area, suspected of having or using illicit drugs on the premises, or in breach of the outline licensed map. Ballara reserves the right, and its absolute discretion, to close your event early or cease the service of alcohol, if it believes that patrons are acting in a way which may result in an infringement of the liquor laws. Under no circumstances can any alcohol be brought onto the Ballara grounds, except for pre-approved arrangements with management.
SUPPLYING OWN FOOD
The supply of additional food items is not allowed, unless previously approved by Ballara in writing. This must be in accordance with the Food Act 1984 (Vic). If approved, you will need to sign a form to indemnify Ballara against any actions, claims, demands, losses, damages or costs arising from the consumption of the food that you have supplied.
Ballara will cater for special dietary requirements, however please note that special dietary requirements totalling 10% and over will incur the cost of an additional chef (e.g. for 100 guests; 10 people or more will enact this clause) at a cost of $250. All requirements must be confirmed with your final guest numbers. Only previously advised special requirements will be accommodated on the wedding day. The utmost diligence will be taken with all special dietary requirements, but please note meals may contain trace elements as the kitchen does process allergen items.
In this clause, the term Event of Force Majeure means any act, event or cause not reasonably within the control of the parties and which, by the exercise of reasonable diligence, the parties are unable to prevent or overcome including, but not limited to, acts of God, strikes, lockouts and other industrial disturbances, acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots, public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), lockdowns ordered by the government or any governmental authority as a result of any public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), landslides, subsidence, lightning, earthquakes, fires, storms or storm warning, crevasses, floods or washouts, civil disturbances, explosions, inability of any party to obtain necessary materials, supplies, rights of way or permits after the exercise of reasonable diligence or any action or restraint by any government authority (so long as the party claiming relief has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such action or restraint, and as long as such action or restraint is not the result of a failure by the claiming party to comply with the applicable law).
Notwithstanding anything to the contrary in this contract:
(a) Neither party shall be liable for any default, failure or delay in performance of any of its
obligations under this contract if and to the extent that such default, failure or delay is caused,
either directly or indirectly, by an Event of Force Majeure, and without the fault or negligence of
the party so who has so defaulted, failed or delayed.
(b) In the event that an Event of Force Majeure occurs:
(i) All Amounts Paid which you have paid to us are non-refundable.
(ii) In the event that your wedding function is unable to proceed by reason of an Event of
Force Majeure (Non-proceeding Wedding), you must reimburse us for any out of pocket
expenses and disbursements which we have incurred in relation to your Non-proceeding
Wedding. We may deduct any such out of pocket expenses and disbursements from any
Amounts Paid which you have paid to us.
(iii) You may re-book your wedding function with us on a mutually agreed date that is within
twelve (12) months of the date of the Non-Proceeding Wedding (Re-booked Wedding). Both
you and us agree to negotiate in good faith for the purpose of arranging a mutually acceptable
new date and price for your Re-Booked Wedding.
(iv) 100% of any Amounts Paid which you have paid to us (less any amounts deducted by us
pursuant to this clause) will be credited to the applicable costs of the Re-Booked Wedding that
are payable to us.
(1) To the fullest extent permitted by law, Ballara and its employees, agents or contractors, will not be liable to you or any guests, invitees and/or any other persons who attend the function for any loss and/or damage of any nature (howsoever caused) or any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages) arising from,in respect of or in any way related to your use of Ballara’s property and/or the function however caused, however liability is asserted (including, but not limited to, in tort (including in negligence), in contract and/or under statute and/or general law) and irrespective of whether you have been advised of, or otherwise might have anticipated the possibility of, any loss or damage.
(a )Except as provided in this contract, all express and implied warranties under statute or
general law as to merchantability, description, quality, suitability or fitness of the services
rendered by Ballara for any purpose or otherwise are expressly excluded to the fullest extent
permitted by the applicable law.
(b) All other conditions and warranties, statutory or otherwise and whether express or implied,
are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee,
other than that expressly herein contained and the statutory guarantees that cannot be
excluded or limited under the applicable law, apply to the services rendered by Ballara to which
the applicable guarantee relates, or any accessory or part thereof.
You are liable for any damage sustained to Ballara, its employees, agents or contractors and/or its premises and contents that is caused by you, your guests, invitees or other persons attending the function, while in any area at the Ballara premises. You indemnify Ballara against, any loss and/or damage that is caused directly and/or indirectly by the conduct of you, your guests, invitees and/or other persons attending the function. This includes, but is not limited to, any loss and/or damage that is caused (directly and/or indirectly) because of any failure by you, your guests, invitees and/or other persons attending the function to observe any legislative regulatory, license or authorisation.
Henceforth you give Ballara permission to confirm details about your wedding with your listed suppliers e.g. musicians, photographers, florists etc. including your format sheet so that we can confirm access, set up, pack down etc. You give permission for Ballara to confirm details e.g. start and finish times etc. with guests who call us in the lead up to the wedding date. Aside from the bridal couple listed as primary and secondary contact as above, other people who are allowed to discuss and make changes to your wedding are to be listed below:
Henceforth you give Ballara permission to use your wedding photos supplied by yourself or your suppliers e.g. photographers, videographers etc, following the wedding day, for use on social media and advertising purposes. We will never sell-on your information to third parties.
DIAMOND PACKAGE FURTHER DETAILS (Only applicable to Diamond Package Contracts)
Suppliers other than ourselves who provide inclusions are explained below:
Cake Details – 60 to 99 adults a 2 tier cake is included, 100 to 160 adults a 3 tier cake is included. You make an appointment to meet with cake supplier to go through all of the following details. You can select the flavour of the mud cake – each tier can be the same flavour, or each tier can be different. The icing can be fondant, ganache, royal, naked or butter cream. You then select your trimming – options are ribbon, pearls or diamontes. The cake is finished with a fresh floral cake topper and sprays. Any modifications and upgrades are an additional fee payable directly to the supplier. Further details about your wedding cake will be enclosed in your congratulations email. – sent once the Initial Retainer and this contract is returned.
DJ Details– included in package is a DJ who is also available to act as master of ceremonies. We book the DJ for you. Once booked if cancelled a $250 cancellation fee applies. We arrange format and MC details with you at your final arrangement appointment and send this to the DJ, and once final forms have been given to Ballara, the DJ will contact you to discuss your music selections and all the finer details. If you extend your wedding and have opted to have the DJ, an additional charge will apply. The Ballara DJ meal is included complimentary.
Flower details: Bridal table floral arrangement is included with seasonal white flowers and greenery and remains the property of Ballara. You select your preferred guest table centrepiece, which comes with seasonal white flowers and greenery, plus an accent colour of your choice. You may tailor this further and coordinate with your bouquets etc by going directly to the florist to coordinate details. The flowers from the guest table centrepieces are yours to keep at the end of the reception.
Please sign below to acknowledge you have read and accept the above terms & conditions and booking times