VENUE HIRE AGREEMENT
1. Parties
This Agreement is between Songbird Retreat (“Venue Owner”) and the person(s) named in the Booking Form (“Hirer”). The Hirer includes any organisation, group, or representative acting on behalf of the named individuals.
2. Booking & Payment
Your booking is confirmed when:
The Booking Form is signed; and
The deposit is paid within 7 days.
The remaining balance is due 90 days before your event, unless otherwise agreed in writing.
Late payments may incur 5% interest plus reasonable legal or debt recovery costs.
Additional services are billed separately.
Failure to pay the deposit or balance on time may allow the Venue Owner to cancel the booking.
3. Security Bond
A bond is required for all events.
After the event, the bond will be refunded within 14 days, minus reasonable costs for:
Damage to property, furniture, or equipment
Extra cleaning
Breaches of this Agreement or Schedule
Failure to comply with this Agreement or Schedule may result in deductions from the bond or, in serious cases, termination of the event.
4. Use of the Venue
The Venue may only be used for the event described in the Booking Form.
Maximum guest numbers must not be exceeded.
The Hirer is responsible for:
Guests, contractors, suppliers, and vendors
Compliance with all applicable laws and venue rules
No permanent alterations or damage to marquee, furniture, toilet trailer, stereo system, dance floor, gardens, trees, or other property are allowed.
Temporary changes (decorations, structures, or equipment requiring pegs, stakes, adhesives, or drilling) must be approved in writing by the Venue Owner.
5. Vendors
A Wedding Coordinator must be selected from the Venue Owner’s recommended list.
Other recommended vendors are optional but must be approved by the Venue Owner.
The Hirer remains fully responsible for all vendors, contractors, and their compliance with laws, venue rules, and this Agreement.
6. Noise & Event End Times
Noise limits:
Weekends (Fri–Sat): Up to 10:00pm – 90 dB LAeq at 3m; 10:00–11:00pm – 80 dB LAeq; music stops 10:45pm; guests depart by 11:00pm.
Midweek (Mon–Thu): Up to 9:00pm – 90 dB LAeq at 3m; 9:00–10:00pm – 80 dB LAeq; music stops 10:00pm; guests depart by 10:30pm.
The Wedding Coordinator will manage noise; the Hirer and all vendors must follow instructions.
Failure to comply may result in immediate suspension or termination of the event.
7. Food, Alcohol & Water
Alcohol service requires prior approval and all necessary licensing. The Hirer is responsible for compliance with NZ liquor laws.
Food must comply with New Zealand food safety laws.
Venue and Cottage tap water is rainwater. Bottled water must be provided for guests. Cottage rainwater is filtered but limited.
8. Vehicles & Parking
Maximum vehicles: Cottage – 2; Grounds – 10.
Guests must not park on Frost Rd, Leigh Rd, or neighbouring properties.
Parking is allowed only in approved gravel areas or designated grass areas.
Vehicle access onto lawns requires prior approval.
The Hirer is responsible for any damage caused by vehicles.
9. Health & Safety
The Hirer must comply with the Health and Safety at Work Act 2015 and all other applicable laws.
Guests must not enter ponds, waterways, or other hazardous areas.
The Hirer must provide a responsible on-site contact for safety and ensure any Masters of Ceremony, speakers, or vendors communicate relevant risks to guests (e.g., ponds, driveways, sun exposure).
No naked flames are allowed unless approved by the Venue Owner with appropriate safety measures.
The Venue Owner retains ultimate control over site safety and may issue instructions to ensure compliance. Failure to follow instructions may result in suspension or termination of the event.
10. Accommodation (Songbird Cottage)
Maximum occupancy: 5 guests, unless approved in writing.
Check-in and check-out times apply.
One dog is allowed only with prior approval.
Damage to the Cottage is covered by the security bond.
Accommodation is for private use only.
11. Wedding Coordinator
A Wedding Coordinator is required from the recommended list.
If an external planner is engaged, the Venue Coordinator will still attend as the Venue Owner’s representative.
Services are not included unless agreed in writing.
The Coordinator has authority to enforce Venue rules on-site.
12. Photography & Media
Permission to Use Media
The Hirer grants the Venue Owner and its authorised representatives the non-exclusive, royalty-free right to use photographs, video footage, and other media taken at the Event for marketing, promotional, social media, and advertising purposes, in any format or medium now known or later developed.
Scope
This includes photos or videos taken by the Venue Owner, the Wedding Coordinator, or any approved vendors engaged for the Event.
Privacy & Respect
The Venue Owner agrees to use all media respectfully and in a manner consistent with the privacy and dignity of the Hirer and their guests.
No Compensation
The Hirer acknowledges that no compensation is payable for the use of media under this clause.
Notification
The Venue Owner may notify the Hirer prior to using specific media for significant marketing campaigns, but this does not limit the general permission granted above.
13. Cancellation & Force Majeure
Hirer cancellation:
More than 90 days before event – deposit forfeited
Within 90 days – full venue hire fee payable
Venue Owner cancellation:
May occur due to safety, legal compliance, sale of the venue, or force majeure events
Date transfers may be offered at the Venue Owner’s discretion
Force Majeure: Includes natural disasters, government restrictions, acts of God, or other events outside the control of either party
14. Insurance & Liability
The Venue Owner holds public liability insurance for the property.
The Hirer is responsible for any injury, loss, or damage caused by themselves, their guests, or contractors.
The Hirer agrees to indemnify the Venue Owner against any claims, including legal costs, arising from such incidents.
Examples include, but are not limited to: personal injury, property damage, or breaches by contractors.
The Venue Owner is not responsible for loss or damage to the Hirer’s property.
To the maximum extent permitted by law, the Venue Owner’s liability is limited to the venue hire fee.
The Hirer may maintain their own insurance to cover such risks at their discretion.
15. General
This Agreement is governed by New Zealand law.
This document and the Booking Form constitute the entire agreement.
Any variations must be in writing.
If any provision is unenforceable, the remainder remains valid.
SCHEDULE 1 – BEFORE THE DAY & EVENT RULES
Cottage
Maximum 5 people sleeping overnight.
Items from the Cottage must not be removed to the venue.
Any changes to check-in/out times must be agreed in writing.
Catering & Rubbish
Provide your own bottled drinking water.
Place all rubbish in provided bins; remove any excess from the site.
Flowers
No foliage or plant material may be taken without the Venue Owner’s permission.
Venue Rules
Heaters must not sit directly on grass.
No pegs, stakes, drilling, or other ground penetration without written approval.
Maximum of one approved dog.
No entry into ponds or the row boat.
Life rings may only be removed in emergencies.
Transport & Parking
No parking on public roads.
Shuttle, taxi, or bus transport required where necessary.
Bond / Compliance
Failure to comply with this Schedule or any part of this Agreement may result in deductions from the security bond or termination of the event.
Signed
Hirer: ___________________________ Date: __________
Venue Owner: ____________________ Date: __________
17. Notices
17.1. Form: Any notice under this Agreement between the parties
must be made in writing and may be personally delivered, posted
or emailed to the addresses set out in the Booking Form or to such
other addresses as agreed between the parties.
17.2. Delivery: Notices will be deemed to be given:
a. where served personally, upon delivery;
b. where served by post, 5 Working Days after posting;
c. where served by email, on the email leaving the information
system of the sender, unless an error or delay message is
received by the sender in relation to that email.
18. Force Majeure
18.1. Neither party shall be liable for any failure or delay to perform
any obligations under this Agreement to the extent such failure
or delay is the result of any fire, flood, earthquake or similar
catastrophic event, seismic activity, outbreak of state of emergency,
act of God, warlike hostilities, an Act of Parliament, regulation or
direction or any strike or industrial action, epidemic or pandemic
(together “Force Majeure Event”) which is beyond the reasonable
control of that party. The party affected by a Force Majeure Event
shall notify the other party within five working days of the same,
and provide detail of the likely duration and effect of the event
on it’s ability to perform any obligations under the Agreement.
For the avoidance of doubt, the dates and times for the Event and
Hire Period shall not be varied or extended as a result of such
Force Majeure Event, except with the written agreement of both
parties. Where a Force Majeure Event hinders or delays the affected
party’s performance to the extent the Event is unable to take place
as agreed under this Agreement or prevents the affected party’s
performance for more than 90 days, the party not affected by the
Force Majeure Event may cancel this Agreement.
18.2 COVID-19 exception: Specifically in the case of an event
needing to be cancelled due to the impact of COVID-19 (or any
variants of the COVID virus), this will not constitute a full Force
Majeure event, and as such the Venue Owner will use their best
endeavours to offer the Hirer an alternative date, suitable to both
the Venue Owner and Hirer. However, should a suitable date not
be agreed upon, the Venue Owner retains the right to exercise
cancellation Clause 13.1.
18.3. Where the Event is cancelled or does not take place in
accordance with this Agreement due to a Force Majeure Event
then all payments already made by the Hirer will be returned to
the Hirer. To avoid doubt, if a Force Majeure Event occurs which
means the Venue is no longer available for the Hire Period, this
will be deemed to be a Force Majeure Event that affects the Venue
Owner’s ability to perform their obligations and the Event will be
deemed cancelled under this clause 18.3.
18.4. Subject to clause 24.1 the Venue Owner will not be liable for any
loss, damage, claim, liability or default due to a Force Majeure Event.
18.5. A Force Majeure Event does not include any event which the
Venue Owner could have prevented or overcome by exercising a
reasonable standard of care or which resulted from a lack of funds
for any reason.
19. Inconsistency
Where these Terms and Conditions and the Booking Form are
inconsistent, the Booking Form will prevail.
20. No Waiver
No waiver or any breach, or failure to enforce any provision of this
Agreement at any time by either party shall in any way effect, limit
or waive such party’s right to enforce and compel strict compliance
with the provisions of this Agreement.
21. Entire Agreement
Subject to clause 3.1, this Agreement, including each document,
policy or Schedule attached to this Agreement from time to time
constitutes the entire Agreement, understanding and arrangement
(express or implied) between the parties and supersedes all prior
and contemporaneous communications and any prior agreements
between the parties regarding a subject matter of this Agreement.
22. Assignment
Neither party may directly or indirectly assign or otherwise dispose
of (including by way of subcontract) any of its rights or interests in,
or any of its obligations or liabilities under, or in connection with or
arising out of this Agreement, except with the prior written consent
of the other party, which consent may be withheld in the other
party’s absolute discretion. For the avoidance of doubt, the Venue
Owner may sell the Venue as a going concern (novating the entirety
of their rights and obligations under this Agreement to the new
owner so the Hirer’s rights under the Agreement are unchanged)
by providing written notification of the same to the Hirer.
23. Severability
If at any time any part of this Agreement is held by a court of
competent jurisdiction to be unreasonable, illegal, invalid or
unenforceable for any reason whatsoever, that term will be
enforced to the maximum extent permissible so as to affect the
parties’ intent, and the remainder of the Agreement will continue
in full force and effect.
24. Exclusions
24.1. Nothing in this Agreement is intended to limit or modify any
rights that the Hirer may have under the Consumer Guarantees
Act 1993.
24.2. Despite anything else contained in this Agreement unless
this Agreement expressly provides otherwise, to the fullest extent
permissible by law all warranties, conditions or other terms implied
by law are excluded; and for the purposes of this clause 24 the
Hirer acknowledges that he/she/it had a reasonable opportunity to
review this Agreement, discuss it with the Venue Owner, and receive
advice from his/her/ its legal advisor, if he/she/it wished to do so.