Terms & Conditions
Effective Date: 03/05/2024
Welcome to www.thestablestudiobyron.com
This Site is owned and operated by The Stable Studio Byron Bay ABN 22800498375 trading as The Stable Studio Byron, PO BOX 59 Bangalow NSW 2479, thestablestudiobyron@gmail.com referred to in these terms as “we”, “us”, and “our”). Please take the time to read the terms of use that are applicable to your use and enjoyment of this Site, our venue and the content made available to you via this Site and our social media channels (“Terms”). These Terms, together with our Privacy Policy, apply to all Site visitors, subscribers, customers, and other users of our Site (“user”, “you” and “your”).
ACCEPTANCE OF TERMS
By booking the venue, accessing and using this Site, our social media channels and any other materials made available to you on this Site, you are taken to accept our Terms. In doing so, you warrant that you:
are over 18 years of age and have the legal capacity to enter into a legally binding contract;
have read and accepted these Terms; and
will comply with these Terms.
CHANGES TO THESE TERMS
We reserve the right to change or modify these Terms at any time consistent with applicable laws and principles, without notice to you. These changes will be effective as of the date we post the revised version on this Site. It is your responsibility to review these Terms prior to use and periodically throughout your use of our Site. If at any time you choose not to accept these Terms, you should not access our Site.
Your continued use of this Site is deemed acceptance of any modifications or amendment of these Terms. You may also accept these terms where you click “Agree” or “Accept” or “Buy” or “Book” where such an option is made available to you. If you’re uncertain about the Terms or anything else on our Site, please don’t hesitate to contact us via email at thestablestudiobyron@gmail.com before completing any purchase.
PRICES AND PAYMENTS
Prices
All prices are provided in Australian Dollars (AUD) and are inclusive of any Australian Goods Tax (GST) (as applicable). You are responsible for any booking, handling, credit card surcharge or any other fees as identified on our Site. Prices and venue availability are subject to change at any time. The amount charged to you will be the price in force at the time you make your booking. When booking online, the pricing advertised on our Site are not guaranteed until you receive written confirmation from us. Any errors will be rectified, and a revised quote will be issued to you within 48 hours of your original request.
Discounting
We may from time to time provide special offer discounts. You may only use one discount code with each purchase. We reserve the right to reject or cancel any booking where you add more than one discount code. We allow you to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a minimum or maximum order value. Discount codes and/or vouchers cannot be used in conjunction with any other offer or promotion.
Booking Confirmation and Payment Acknowledgement
Confirmation of your booking and details will be sent within 48 hours of receiving your payment. You must inform us immediately if there are any errors with your booking confirmation or if you do not receive confirmation within 24 hours of your order. All sales are final. Refunds and cancellations are not permitted except as outlined in the Refunds and Cancellations clause below.
Responsibility for Additional Charges
You are responsible for all bank charges or other fees associated with the use of your credit or debit card.
VENUE HIRE PROCESS
Complete booking form
All venue bookings must be made through this Site, or such other website as we designate. Once booked, your booking is subject to our approval prior to being confirmed.
Booking confirmation
You will receive a booking confirmation email from us once your booking has been approved.
Information accuracy
Where we request information from you in order to proceed with the booking, you warrant that the information provided in the booking is true, accurate and correct and that false information may result in your booking being cancelled without a refund. Where there are any errors in the information you have given, these must be brought to our attention 48 hours prior to your booking. This information will be treated in accordance with our Privacy Policy [insert link].
Review and Verification
You are responsible for ensuring that the dates, times and locations relevant to your booking are accurate and suitable for your purposes, as we are unable to offer refunds due to user error. Please check the details you provide carefullyand inform us of any errors or omissions within 24 hours of receiving your booking confirmation.
Guarantee of Booking
Bookings will only be deemed guaranteed with a valid credit card or deposit.
Changes to Booking
If you make any changes to your booking, e.g. number of persons attending, duration of booking or dates, this may result in a change to the cost of the venue hire fees.
Initial Deposit
In order to secure your booking, we require 10% of the total venue hire cost as a deposit, this deposit is non-refundable. The remaining balance is due 30 days prior to the event. Failure to complete payment by this date allows us to consider your booking as cancelled.
CANCELLATION AND REFUNDS
Acknowledgment of Pre-Estimate of Loss
When you agree to our cancellation and refunds policy, you acknowledge that the cancellation fees and terms set forth are a genuine pre-estimate of the loss we would incur in the event of a cancellation. These terms are determined based on the likelihood of rebooking the venue on short notice, the costs involved in preparing the venue for your scheduled event, and the administrative efforts associated with managing cancellations.
Changes and Cancellations
To change or cancel your venue hire booking, please contact us immediately via the telephone number or email address listed on our Site. All changes or cancellations must be communicated in writing or by email to the provided contact details. A cancellation is effective only once you receive a written confirmation from us acknowledging your request.
Cancellation Timelines and Refunds
More than 30 days prior to the event: If you cancel your booking more than 30 days before the scheduled event date, you will receive a refund of any money you have paid towards the total cost of the venue hire, less the non-refundable deposit of 10%. Any credit card fees incurred will also be deducted.
Within 30 days of the event: Cancellations made within 30 days of the event will be refunded only if we can rebook the venue for the same period. If rebooking is successful, you will receive a refund of money you have paid towards the total cost of the venue hire, less the non-refundable deposit of 10% and any credit card fees incurred.
Less than 48 hours before the event: Cancellations made less than 48 hours prior to the event will not be eligible for a refund.
Cancellations Due to Extenuating Circumstances
In cases of extenuating circumstances, such as government-imposed travel restrictions, natural disasters, or other force majeure events, we reserve the right to decide whether to offer a cancellation, postponement, or partial refund. Decisions will be made on a case-by-case basis to accommodate or mitigate unforeseen events.
Provider Cancellations
If we must cancel your booking for any reason, you will be refunded in full within 14 days upon receipt of your bank details. Note that credit card surcharges will not be refunded.
Refunds
Refunds will be processed according to the policies outlined above, taking into account any specific circumstances and timelines mentioned.
General
While we strive to ensure your venue hire meets high standards, we are not liable if the venue does not meet your subjective expectations. No refunds are provided for dissatisfaction with the venue, early departure or early departure from the event.
VENUE ACCESS AND USAGE
Access Times
Access to the venue is granted from the time specified in your booking to allow for setup. Earlier access may be arranged subject to availability and prior agreement.
The venue must be vacated by the time specified in your booking following the event to allow for cleaning and setup for subsequent events. Extensions of this time may be available upon request, subject to availability.
Event Setup and Takedown
All setup must be completed within the access times provided unless prior arrangements have been made.
‘Legals Only’ packages bump in may commence at 11am on the morning of elopement and bump out must be completed by 10am the following day (Checkout time).
‘Micro Wedding’ packages, vendors and stylists may begin Bump in at any time on the day of your wedding. Bump out must be completed by 10am the following day (Checkout time).
‘Event’ packages, bump out may commence at 10am the day of event (for both full day and half day events). Bump out to be completed by 10pm day of event.
Post-event takedown and cleanup must be completed by the time the venue is to be vacated. All decorations, equipment, rubbish, and personal items must be removed unless otherwise agreed.
Accessibility and Compliance
We ensure compliance with all applicable local laws regarding accessibility, safety standards, and building codes. It is our responsibility to provide a venue that adheres to these regulations including provisions for fire safety, health, and accessibility for guests with disabilities. You are responsible for conducting your event in a manner that continues to comply with these laws, including any specific activities or additional equipment brought into the venue. You must inform us of any special accommodations required your event in advance to ensure suitable preparations can be made.
VENUE GUIDELINES
Event Planners
To ensure the smooth operation of events and adherence to Venue rules, all events must be organised and executed under the supervision of an event or wedding planner. Clients may select their own planner; however, the planner must be discussed with and approved by the Venue prior to finalising the booking. This approval process is designed to verify that the chosen planner is familiar with the Venue’s policies and capable of ensuring compliance with all regulations. Failure to secure approval for the selected planner may result in the cancellation of the booking or the imposition of additional oversight fees.
Responsibility and Decorations
You are responsible for all aspects of the event, including the conduct of all attendees and any external suppliers or contractors you engage.
Decorations are permitted with the understanding that no damage will be caused to the venue. Specific guidelines on permissible decorations will be provided, and all decors must be approved in advance.
Guest Capacity
- Wedding Capacity: The maximum number of guests permitted to attend a wedding ceremony or reception at the Venue shall not exceed fourty (40) individuals.
- Event Capacity: The maximum number of guests permitted to attend any event, other than weddings, held at the Venue shall not exceed fifty (50) individuals.
- Legals Only Capacity: For ceremonies categorized under ‘Legals Only’, attendance shall be strictly limited to two (2) witnesses. This limitation excludes any photographers, vendors, or other service providers engaged for the purpose of the event.
It is the sole responsibility of the Client to select and book the appropriate package that aligns with their anticipated guest count. Clients must accurately represent the number of guests expected at their event during the booking process.
Any request to increase the number of guests beyond the number specified in the original booking must be expressly agreed to in writing by the Venue Manager. Approval of additional guests is subject to the Venue’s capacity limits and may incur additional fees. Such requests must be submitted at least [specify number] days prior to the event to allow for adequate arrangements and approvals.
Event curfews
In compliance with council regulations and out of respect for our local community, all events must conclude, and all guests must vacate the premises by 10:00 PM. It is the responsibility of the Client to ensure that the event ends in a timely manner and that all guests depart by the designated curfew time. Failure to comply with this curfew may result in penalties or additional charges as outlined in this agreement.
Transport
To ensure the orderly and safe arrival and departure of guests, all guests attending events at the Venue must arrive via bus, taxi or other transportation services. Personal vehicle use is restricted to the parking facilities provided by the Venue, which accommodate up to six (6) cars only. This limitation is in place to manage traffic flow and parking availability effectively. Clients are responsible for communicating these transportation requirements to all guests to ensure compliance.
Live Music and Sound Restrictions
The Venue permits live music performances until 7:00 PM. Following this, the use of a DJ or an iPod playlist is allowed until 9:45 PM. Clients are responsible for the cessation of all music at these specified times. The Venue does not provide any public address (PA) equipment or sound systems. It is the responsibility of the Client to arrange for their own sound equipment if required, and to ensure that all equipment used complies with the Venue’s sound policies and local noise ordinances.
All live music performances must be approved by the venue manager.
Guest Behaviour and Conduct
The person(s) hiring the venue and their guests are expected to maintain a level of conduct that does not disrupt the enjoyment of others or damage our reputation.
Disruptive behaviour, including excessive noise, violence, and unauthorised activities, will not be tolerated. We reserve the right to adjust sound levels or take other necessary actions during the event.
If conduct by the person(s) hiring the venue or any of their guests is deemed inappropriate or disruptive, we reserve the right to require immediate expulsion from the venue or termination of the event without refund, in accordance with local noise regulations.
Health and Safety
We are committed to providing a safe and healthy environment for all our guests and staff. All guests are required to comply with local health and safety laws and regulations. Emergency exits and procedures are clearly marked and must be adhered to at all times. Failure to follow safety guidelines may result in removal from the premises.
Damages and Additional Charges
You will be held responsible for any damage caused during your event and may be charged for repairs, cleaning, or replacement of damaged property.
Additional fees may be imposed for:
Unapproved decorations causing damage
Excessive cleanup requirements
Damage to furniture, fixtures, or the building
Use of Venue
You may use the venue for purposes directly related to the event as outlined in the booking form. The following activities are prohibited without our prior written consent:
Gambling,
illegal activities,
bringing hazardous materials into the venue, and
subleasing or using the venue for activities significantly different from those agreed upon.
We reserve the right to terminate the event and retain any paid fees if you engage in prohibited activities.
Third-Party Suppliers
Please note that while our venue packages may include recommendations or introductions to third-party suppliers (such as wedding planners, coordinators, florists, and other service providers), these suppliers operate as independent entities. Each supplier is solely responsible for their own services, terms, and conditions. Our venue is not liable for any actions, omissions, or agreements made by these third-party providers. We encourage clients to review and agree to each supplier’s individual terms and conditions to ensure a clear understanding of their services.
You may engage third-party suppliers for services such as catering, decoration, and entertainment, provided they comply with the our requirements. All third-party suppliers must be approved by us in advance, and you must provide a list of all third-party suppliers at least 3 months before the event. You are responsible for ensuring that all third-party suppliers have appropriate licenses and insurance and comply with our operational guidelines and safety standards.
Cancellation and Refunds
Please refer to the detailed cancellation and refunds policy outlined in our terms and conditions. It includes important information regarding timelines and fees for cancelling your event. Should you need to cancel, contact us immediately to discuss the specifics and potential impacts on your booking.
INSURANCE AND PROPERTY RESPONSIBILITY
Public Liability Insurance
You are required to maintain appropriate public liability insurance to cover any legal liability for personal injury to third parties or damage to third-party property arising from your event. Proof of such insurance may be requested by us prior to the event date.
Personal Property
You acknowledge and agree that the venue does not assume responsibility for any personal property brought into or left at the venue by you or your guests. It is your responsibility to ensure that appropriate insurance coverage is in place for such items, including any equipment or personal effects used or displayed during your event.
Please ensure that all personal belongings and event equipment are removed following the conclusion of your event, as we will not be responsible for any loss, damage, or costs associated with items left behind. Any items that are found and need to be returned will incur postage and handling fees, which will be calculated at our discretion and charged accordingly.
VENUE DESCRIPTION
We strive to provide accurate descriptions and images of the venue on our Site and in promotional materials, ensuring they are not misleading. However, we cannot guarantee that the venue will be identical to the images or descriptions provided. We reserve the right to make renovations, alterations, or modifications to the venue as necessary, which may include the substitution or withdrawal of any facilities or amenities. You acknowledge that the de cor and setup of the venue are subject to change at our discretion and may not always reflect the images shown on our Site.
INTELLECTUAL PROPERTY
Our Site contains intellectual property owned by us, and/or by third parties that license the content to us (“Third Party Licensed Intellectual Property”), including, without limitation, digital products, trade marks, copyrights, proprietary information, designs, patents, business names, logos, images, designs, copy, videos, audio files, graphics, other files, and software (“Content”). Your use of and access to our Site and its Content does not grant or transfer any rights, title or interest in it to you.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever our Site or its Content in whole or in part without our prior written consent. We reserve the right to immediately revoke your access to our Site and its Content, without refund, if you are found to be violating these Terms.
LINKS TO OTHER WEBSITES
Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way endorse, control or approve of, nor are we responsible for, the content on those sites. It’s up to you to decide if those sites and their content are suitable for you.
PRIVACY
These Terms also include our Privacy Policy which sets out how we use your personal information, which can be accessed [here]. By using this Site, you consent to the processing described in the Privacy Policy and warrant that all data provided by you is accurate.
CREDIT CARD AUTHORISATION
You must provide a credit card pre-authorisation which provides authority for payment related to the event venue hire. Any authorised amount will vary depending on the duration of the event as well as the card type.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You acknowledge and agree that you will be bound by any affirmation, acceptance or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us by means of electronic transmission.
You further acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.
FEEDBACK, COMPLAINTS AND DISPUTES
Feedback and Complaints Process
We are committed to your enjoyment of and satisfaction with our services and our venue. If there are any issues or concerns in relation to your event and booking of our venue, please contact us immediately and we will endeavour to do our best to resolve any issues or concerns as soon as possible. If any issue or concern cannot be resolved promptly, please contact us via email thestablestudiobyron@gmail.com and include:
your name;
your email address;
details of your concern or complaint; and
details of what you would like us to do to resolve the matter.
We will acknowledge your complaint within 3 business days and aim to resolve it within 14 business days. If we are unable to do so, we will provide an explanation accordingly.
Non-Disparagement
Both parties agree to refrain from publicly disparaging each other, including but not limited to posting negative feedback on social media or online review platforms, during and after the end of the term of the hire. Any dissatisfaction should be addressed through the dispute resolution procedure outlined in these Terms.
If a party violates this non-disparagement agreement, the other party has the following options, at their discretion:
Initiate a dispute resolution process to amicably settle the disagreement; or
Pursue legal action to seek remedies, including but not limited to injunctive relief and damages, in accordance with applicable laws.
This ensures that any disputes are handled in a manner that respects the terms of the agreement and the rights of both parties.
Mediation
Where a dispute cannot be resolved, it will be submitted for mediation in accordance with The Arbitrators and Mediators Australian Mediation and Conciliation Rules. Should the dispute be unable to be resolved at mediation, you agree to submit to the exclusive jurisdiction of the courts of the State or Territory where we are located.
SUBMITTING CONTENT TO SITE AND SOCIAL MEDIA
We always appreciate interaction on our social media channels and feedback about our Site and our services. You may be invited to submit a review after your event. We love to hear from you!
Where you do decide to submit such feedback, comments or content, you:
warrant that you are the sole author and owner of the intellectual property and any other rights in that content (or have the right to use that content with appropriate consents and permissions);
give us permission to post or otherwise use that feedback on our social media or other channels;
waive any and all existing and future moral rights (as defined in the Copyright Act 1968 (Cth)) in the content you provide us with;
warrant that the content does not violate these Terms; and
warrant that you are at least 18 years old.
We reserve the right to remove a review or comment if it:
contains libelous or otherwise unlawful, abusive or obscene material;
attacks our employees or another contributor;
contains material that discloses your personal information; or
is unrelated to the post or content that you have reviewed or commented on.
Our Site and social media channels may feature user reviews of services as well as blogs by guest bloggers. These reviews and the content of the guest blogs in no way represent our views or opinions, but are the sole product of their creator. We disclaim all liability with respect to any content submitted by any user or guest blogger.
TESTIMONIALS
On our Site, we present real life examples of and insights into other people’s experiences for illustrative purposes only. These testimonials are not intended to represent or guarantee that any current or future customers will have the same or similar experiences.
PROHIBITED USE
In addition to any other prohibitions, you must not, under any circumstances:
use our Site or its content for any unlawful purpose, including to solicit others to perform or participate in any unlawful acts or violate any international, federal, or state regulations, rules, laws, or local ordinances;
attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displayed on our Site;
hack into any aspect of the Site, corrupt data, or cause annoyance to other users;
infringe upon the rights of any person's proprietary rights;
send any unsolicited advertising or promotional material, commonly referred to as “spam”; or
attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
WARRANTIES AND DISCLAIMERS
This Site is provided on an as is basis, and to the fullest extent permitted by law, we make no representations or warranties about our Site or venue, including that:
they are suitable, reliable, complete, secure, accurate or fit for any particular purpose;
access will be free of any harmful components (including viruses) or other code that is harmful or may assist in causing harm; or
there is no possibility of failure to store communications or other data.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your use of our venue, or this Site, your inability to access our Site, interruption or outage of our Site or any inaccurate, incomplete or out-ofdate content provided on our Site. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).
OUR RIGHT TO BE INDEMNIFIED BY YOU
To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your use of the venue, this Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party. This indemnification does not extend to any claims arising from our negligence or wilful misconduct.
BREACH AND TERMINATION
The agreement constituted between us by your use of our Site may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorised to access our Site.
SEVERABILITY
If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
CEASING OUR WEBSITE
We have the right to discontinue this Site. If we decide to do this, it can be at any time and may be without notice to you. We may also exclude any person from using our Site, at any time and at our sole discretion. We will not be responsible for any liability you may suffer arising from or in connection with any such discontinuance or exclusion.
ASSIGNMENT
We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or obligations under these Terms.
ENTIRE AGREEMENT
These Terms (together with our Privacy Policy) constitute the entire understanding and agreement between us and you in relation to your use of this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, respect to this Site and your use of this Site.
GOVERNING LAW AND JURISDICTION
All Terms shall be construed in accordance with and governed in all respects by the laws of the State of New South Wales, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.