Terms and Conditions
1. Booking Process
1.1 To secure a booking with OG Entertainment, the Client must sign a Contract and pay a Deposit as specified in the Payment Schedule in the Finalised Order Form, due upon contract signing.
1.2 Failure to provide the signed Contract and Deposit within seven (7) days of the Contract being provided to the Client may result in the release of the event date by OG Entertainment.
2. Payment Terms
2.1 By accepting these Terms and Conditions, the Client acknowledges the following:
2.1.1 Understanding the fees associated with the Supplier’s services;
2.1.2 Agreeing that the Deposit becomes non-refundable forty-eight (48) hours after submitting the Contract and making the Deposit payment.
2.2 The Client agrees to pay the Supplier in accordance with the Payment Schedule as specified in the Finalised Order Form.
2.3 Payment can be made by cash or bank transfer only.
2.4 Payment in arrears will be by prior agreement only.
2.5 Late Payment Consequences: Any late payments beyond the specified due dates may result in monthly interest charges of 5% until the outstanding amount is settled.
3. Cancellation Policy and Refunds
3.1 Should the Client cancel the Event within forty-eight (48) hours of submitting the Contract and Deposit, a full Deposit refund will be granted.
3.2 If the Client notifies the Supplier of cancellation twenty-one (21) days or more before the event, a 20% payment based on the remaining balance outlined in the Payment Schedule of the Finalised Order Form will be required.
3.3 Cancellation within twenty-one (21) days of the event date will necessitate payment of the entire remaining balance as per the Payment Schedule in the Finalised Order Form.
3.4 Should the Client opt not to use the Services for the agreed-upon time on the event day, no refund will be issued for the unused duration.
3.5 The Supplier does not issue refunds due to inclement weather. Clients are responsible for wet-weather contingency plans, communicated at least 3 working days before the event. The Supplier will strive to accommodate rescheduling without extra charges, but any additional costs due to factors beyond their control (e.g., venue availability, staffing) will be the Client's responsibility.
3.6 Refunds are not provided if the Client fails to secure Venue permission.
3.7 Event date and details may be adjusted in case of emergencies at the Supplier's discretion.
3.8 If the Supplier cancels for reasons beyond the Client's control, a full Deposit refund will be issued.
3.9 Refunds will be processed within fourteen (14) days of written cancellation notice.
4. Deposit Policy
4.1 The Client understands and agrees that the Deposit becomes non-refundable after a period of forty-eight (48) hours from the submission of the contract and receipt of the Deposit.
5. Event Details Confirmation
5.1 All event details must be confirmed in writing at least twenty-one (21) days before the event date.
5.2 Confirmation of event details at this time renders them final, and any subsequent changes may result in additional fees.
5.3 Reductions in guest numbers after the confirmation deadline will not lead to a reduction in the quoted price.
5.4 Clients may request special menu modifications or additions, pending approval by the Supplier.
6. Inductions, Site Visits, and Consultations
6.1 Inductions, site visits, or extensive consultations required by the Client may be charged and included in the Finalised Order Form.
7. Power Supply Responsibility
7.1 The Client shall ensure that a sufficient and reliable power supply is available at the Event Venue to support the operation of the Supplier's equipment. In the event that the power supply is inadequate or unavailable, the Client agrees to inform the Supplier in writing at least (21) twenty-one days prior to the event date.
8. Location Requirements
8.1 For events held in public areas not designated as private residences or hired function venues, the Client must secure permission from the relevant authority for setting up the Event.
8.2 The Client must inform the Supplier of the permission status at least twenty-one (21) days prior to the Event.
8.3 Failure to communicate the permission status within the specified timeframe may result in contractual implications, potentially leading to adjustments in services or venue arrangements. These adjustments could include changes in bar setup location, alterations in beverage offerings, or modifications in staffing. The Supplier reserves the right to assess any additional costs resulting from delayed communication and may require swift resolution to prevent disruptions to the Event.
8.4 Refunds will not be provided if the Client fails to obtain approval within the specified timeframe or if permission to use the Venue, as per Clause 4.6, is not obtained.
9. Services Offered
9.1 The Supplier undertakes to deliver the following services to the Client throughout the designated Event Date, from the Start Time to the End Time, as detailed in the Event Details section of the Finalised Order Form:
Mobile bar setup with specified bar style, decorations, and equipment.
Transportation of mobile bar and staff to the Event Venue.
Setup and breakdown of the mobile bar and equipment.
Drink options including a curated selection of alcoholic beverages, customised cocktail menus, signature cocktails, wine and beer options, and non-alcoholic beverages as specified in the Alcoholic Beverages in the Finalised Order Form.
Preparation of a shopping list for alcohol purchases, subject to the Client's approval and compliance with local laws and regulations.
Additional services as agreed upon in writing in the Finalised Order Form.
9.2 Any additional services requested by the Client during the event will be provided at the Supplier’s discretion, with associated costs communicated and agreed upon beforehand.
10. Additional Guests Policy
10.1 OG Entertainment's staff conducts a headcount at each event.
10.2 If there are more guests than confirmed, OG Entertainment reserves the right to charge for these additional guests using the held Bond at a rate that may exceed the pre-event booking rate.
10.3 Any extra guests will be recorded by OG Entertainment during and after the event, with details communicated to the Client within seven (7) days of the event’s end.
11. Damages and Equipment
11.1 Any lost or broken glassware will be charged at $5 per glass, unless the glassware was broken by OG Entertainment staff.
11.2 Any lost or broken equipment will be charged from the Bond at a reasonable amount unless the equipment was lost or broken by OG Entertainment staff.
11.3 Damages and losses will be documented by the Supplier during and after the event, with details provided to the Client within seven (7) days of the event's conclusion.
11.4 The Client accepts responsibility for any damages to property, including but not limited to furniture, flooring, walls, fixtures, and decorations, occurring during the setup, operation, or takedown of OG Entertainment's equipment. The Client agrees to indemnify and hold OG Entertainment harmless from any associated costs, damages, or liabilities, including repair or replacement costs. This indemnification covers damages caused by the Client, their guests, or third parties present at the Event, and the Client agrees to cover all costs for the repair, replacement, or restoration of damaged property.
12. Bond and Post-Event Expenses
12.1 A 20% Bond of the total event cost is required and held by OG Entertainment.
12.2 The Bond is refundable post-event, subject to the deduction of valid expenses incurred during the event.
12.3 Valid post-event expenses include but are not limited to lost or broken glassware, additional services, additional guests, and equipment damage caused by the Client or guests.
13. Force Majeure
13.1 Neither party shall be liable for delays or non-performance of obligations due to circumstances beyond their control, including but not limited to natural disasters (e.g., hurricanes, earthquakes), government regulations (e.g., lockdown mandates), and unforeseen emergencies (e.g., sudden venue closure) ("Force Majeure").
13.2 In the event of Force Majeure, the affected party shall notify the other party promptly and make reasonable efforts to mitigate the impact on the Event.
13.3 In the event of Force Majeure, both parties will make reasonable efforts to reschedule the Event. If rescheduling is not possible, the contract may be cancelled with a refund of payments made, minus incurred expenses.
14. Safety, Violence, and Theft
14.1 OG Entertainment and the Client agree to uphold a safe environment during the Event, reporting any instances of violence or theft promptly to the appropriate authorities.
14.2 OG Entertainment staff retain the right to cease services and leave an event if they suspect theft, violence, or any threats to their safety or equipment. They will make reasonable efforts to inform the Client or their representative immediately. If the Supplier leaves due to safety concerns, no payments or Deposits are refundable.
14.3 In case of safety issues, both Parties commit to addressing disputes promptly through direct communication or escalation procedures. If authorities are involved, cooperation from both Parties is expected to ensure Event safety.
15. Breach of Terms and Aggressive Behaviour
15.1 OG Entertainment reserves the right to terminate services and bookings if the Client breaches any of these Terms and Conditions or exhibits threatening or aggressive behaviour at any stage from the initial booking process to the conclusion of the event.
15.2 Aggressive behaviour includes verbal or physical threats, harassment of staff or guests, damage to property, or any behaviour deemed unsafe or disruptive by the Supplier.
15.3 Termination due to breaches will result in the forfeiture of any payments made, and the Client may be liable for additional costs incurred by OG Entertainment.
16. Severance
16.1 If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall remain in effect.
17. Dispute Resolution
17.1 Disputes related to this Agreement will be resolved through good-faith negotiations between the Parties.
17.2 If negotiations fail, the Parties will follow a structured Dispute Resolution Process:
17.2.1 Direct Communication: Attempt resolution through direct communication and negotiation.
17.2.2 Mediation: Proceed to mediation by a mutually agreed-upon mediator if direct communication fails.
17.2.3 Legal Action: Consider legal action only as a last resort if mediation doesn't resolve the dispute.
17.3 Each Party bears their own costs for the Dispute Resolution Process, except for mediation fees, which are shared equally unless otherwise agreed.
18. Data Protection and Privacy
18.1 The Supplier agrees to comply with all relevant data protection laws and regulations applicable in Tasmania, including but not limited to the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs).
18.2 Personal information of the Client and event attendees will only be collected, used, and disclosed by the Supplier for the purpose of delivering the agreed services and as mandated by law.
18.3 The Supplier will employ reasonable measures to ensure the security and confidentiality of personal information gathered during service provision.
19. Intellectual Property Rights
19.1 All intellectual property rights, including but not limited to trademarks, logos, designs, and creative materials provided by the Supplier, shall remain the property of the Supplier.
19.2 The Client agrees not to use, reproduce, or distribute any intellectual property of the Supplier without prior written consent.
19.3 Any intellectual property created or developed specifically for the Client's event, such as custom cocktail recipes or branded materials, shall be jointly owned by both Parties unless otherwise agreed in writing. Both Parties shall have non-exclusive rights to use such intellectual property for promotional or business purposes related to the Event.
20. Industry Regulations and Standards
20.1 The Supplier acknowledges and agrees to comply with all relevant industry regulations and standards related to mobile bar services in Tasmania, including but not limited to:
Responsible Service of Alcohol (RSA) guidelines and training requirements.
Food safety standards and hygiene practices as per local health regulations.
Licensing requirements for alcohol service at events.
20.2 The Supplier shall ensure that all staff involved in providing mobile bar services are adequately trained and certified in RSA and adhere to professional conduct standards during events.
21. Governing Law and Jurisdiction
21.1 This Agreement shall be governed by and construed in accordance with the laws of Tasmania, Australia.
21.2 Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the courts of Tasmania, Australia.
22. Liability
22.1 The Supplier does not carry liability insurance covering damages, accidents, or injuries caused by the Supplier's staff during the Event.
22.2 The Client agrees to indemnify and hold harmless the Supplier and/or its staff from any claims arising from the Event, except for claims due to the Supplier's and/or its staff negligence.
22.3 The Client acknowledges that they are responsible for any damages or injuries caused by guests or third parties during the Event.
22.4 The Supplier is not liable for any indirect, incidental, consequential, or punitive damages arising from or related to the services provided.