Terms of Service
Thank you for choosing Bumpy Road Catering and Events (ABN 94 959 615 995) (hereafter “our”, “we”, “us”, “the Caterer”) for your Event (hereafter “the Event”) on a particular day (the "Booking").
This is the agreement under which you (hereafter ‘the Client’, ‘you’ or ‘your’) agree to use our goods and services (‘the Terms’).
These Terms are important because they set out the rights and obligations of you as our Client when making a Booking. Please read the Terms carefully before making your Booking with us or before receiving any of our goods and services.
Your Booking is confirmed once you have accepted these Terms by way of email. However, if you do not execute these Terms via this method (but you pay the Booking Fee outlined in Clause 3), you confirm your agreement to be bound by these Terms. This agreement expressly supersedes prior agreements or arrangements with you.
1. Scope of Goods and Services
1.1 We provide professional catering goods and services outlined in your Booking Form, which may include:
a. Catering
b. Staffing
c. Beverage services
d. Equipment hire
(hereafter ‘the Goods and Services’).
1.2 We may offer additional Goods and Services at any time, outlined in the invoice provided to you (“the Additional Services”). That invoice is due seven (7) days from the date of the invoice.
2. Expression of Interest
2.1 You acknowledge that until a Booking Fee is paid (in accordance with Clause 3), your enquiry (whether by email or by telephone) is an expression of interest only and not a binding agreement to provide services on the proposed Booking Date.
2.2 An expression of interest means that a proposed Booking Date is “held” for 24 hours from the date of the formal expression of interest. After 24 hours, we cannot guarantee the availability of the proposed Booking Date.
3. Booking Fee
3.1 You must pay a booking fee of $1000 for your Booking Date to be confirmed (‘the Booking Fee’).
3.2 By paying the Booking Fee, you acknowledge and accept that the Booking Fee is non-refundable. The purpose of the Booking Fee is for securing our Goods and Services for a specified date, related consultations, research, quoting, rent, licensing, insurances, administration, and ongoing client management.
3.3 You understand that by booking the date, you accept that we will suffer loss by declining other work for that date, from the moment you agree to these Terms.
3.4 The Booking Fee is not transferable to another Booking Date or another type of goods or services (unless otherwise provided within the Terms).
4. Payments
4.1 You agree to make payment of the total price of our Goods and Services. This amount will be provided in an invoice and may include any other further charges incurred in accordance with the Terms.
4.2 You are required to pay for the Goods and Services as follows:
4.2.1 The Booking Fee as outlined in Clause 3;
4.2.2 The remainder of the Invoice (the ‘Final Payment’) due two (2) weeks from your Booking Date.
4.3 Payments can be made via direct deposit, bank transfer, or credit card. A 2.5% surcharge applies for credit card payments.
4.4 In some instances, you may pay via a Third Party Payment Provider (TPPP) such as Paypal. You are responsible for any additional fees or charges incurred with the TPPP.
4.5 If any payment is not made when due, you shall pay all costs incurred to collect or attempt to collect the debt arising from a breach of these Terms.
4.6 If the Goods are subject to GST, the price will be increased to include the applicable GST.
4.7 Public holidays incur a 15% surcharge on any Goods and Services provided.
4.8 Vendors’ meals will be charged at $39.60 per person, with notification required 14 days before the Booking Date.
4.9 Additional fees will apply if your Event runs behind schedule or if extra staff time is required.
5. Cancellation or Postponement of Booking
5.1 You may cancel this agreement at any time by notifying us in writing. In doing so, you forfeit the non-refundable Booking Fee.
5.2 Cancellation Schedule:
Prior to two (2) weeks: Booking Fee forfeited
Less than two (2) weeks: 100% of the total Package Price forfeited
5.3 Postponement Schedule:
Prior to two (2) weeks: A further Booking Fee of $200.00 is required
Less than two (2) weeks: No postponement allowed
5.4 You may postpone your Booking on one (1) occasion within 12 months of the original Booking Date.
5.5 An inclement weather plan is required, and refunds will not be given unless the weather event meets the definition in Clause 16.
6. Menu/Food
6.1 Dietary restrictions must be provided one (1) month prior to the Booking Date.
6.2 A fee will be charged for complex dietary requirements.
6.3 Price per head excludes tables, chairs, linen, crockery, cutlery, and glassware.
6.4 Food handling must be done by persons with a food handler’s certificate and relevant insurance.
7. Alcohol / Liquor Licensing
7.1 We uphold the Responsible Service of Alcohol principles and reserve the right to refuse alcohol service to underage guests, intoxicated guests, or those exhibiting signs of aggression.
7.2 Alcohol is served between 12:00pm and 10:00pm only.
8. Guest Attendance
8.1 Attendance numbers must be finalised three (3) weeks prior to the Booking Date. A minimum spend applies.
8.2 If the attendance numbers decrease within two (2) weeks of the Booking Date, no refund will be given.
8.3 Additional guest numbers must be notified in writing as soon as possible.
8.4 A minimum of 40 adults is required.
9. Damages, Repairs and Cleaning
9.1 You are financially responsible for any damage to equipment or property.
9.2 Extra charges will apply for cleaning above and beyond normal cleaning standards.
9.3 All guests enter the kitchen at their own risk.
10. Intellectual Property
10.1 You grant us the irrevocable right to use and publish photographs or footage for editorial, advertising, or other purposes.
11. Model Release
11.1 You are responsible for obtaining rights for any persons featured in photography for our use.
12. House Rules
You agree to accept the technical results of any venue rules imposed by officials.
13. Safety
13.1 You agree not to undertake any illegal or dangerous activities that threaten safety.
13.2 We reserve the right to refuse to operate equipment in hazardous locations.
14. Subcontracting of Services
14.1 In the event of an emergency, we will make efforts to assist you in securing a replacement.
15. Warranty, Liability, and Indemnity
15.1 We provide services “as is” and disclaim warranties unless required by law.
15.2 We are not liable for any indirect or consequential loss.
16. Force Majeure
16.1 We are not liable for any failure to perform due to events beyond our control, such as natural disasters or government regulations.
17. Entire Agreement
This agreement constitutes the entire understanding and can only be amended in writing.
18. Disputes
Disputes will be resolved through negotiation before legal proceedings.
19. Termination
19.1 We may terminate this agreement if harmful or threatening behavior occurs or if payments are not made.
20. Governing Law and Jurisdiction
The agreement is governed by the laws of New South Wales, Australia.
21. Severability
If any term is found to be unenforceable, it will be severed without affecting the remaining terms.
22. Miscellaneous
22.1 We may assign rights under this agreement.
23. Execution by Parties
This agreement must be executed by each party named.
24. Execution by Corporate Body or Business
If the Services are booked by a corporate body, the authorized officer must have the authority to bind the entity.