TERMS & CONDITIONS
Effective Date: November 2024
DEFINITIONS
• “Business” is Skemerberg Venue, located at Plot 291, Rietfontein, Hartbeespoort.
• “Client” is the individual or company for whom the services are being provided.
• “Caterer” is a caterer contracted to provide catering services at the Venue.
• “Damage” includes but is not limited to breakages and damage or defacement to Venue premises, fixtures, or furniture, which cause the Business to incur costs.
• “Event” means the function, special occasion, or conference on the date agreed by the Parties.
• “Fee” is the fee agreed between the Parties for the Event as part of the Proposal.
• “Force Majeure” means any earthquake, flood, fire, storm, natural disaster, act of God, war, power cut, terrorism, armed conflict, labour strike, lockout, boycott, or other events beyond the reasonable control of the Business.
• “Guests” are invited persons by the Client who attend the Event.
• “Proposal” is the documentation, including email correspondence, exchanged between the Client and the Business detailing the Services for the Event, including the signed booking form for the rental of the venue.
• “Services” are the rental of the Venue by the Business to the Client and any other services included in the proposal.
• “Venue” includes the following areas as selected:
o Main Hall
o Kitchen
o Cafeteria
o Veranda
o Outdoor Grounds
o Trail Walk
1. PAYMENT TERMS
Provisional bookings must be confirmed with a non-refundable booking deposit of 60% of the total Fee, payable to the Business. We reserve the right to keep this deposit if you cancel. If we are able to re-let the Venue for the same date and value, we may refund part or all of this deposit at our discretion, less any administrative costs.
One month before the Event, the following are due:
i. The balance of the Fee
ii. Damages deposit of 20%
The damages deposit will be returned within 15 Working Days after the Event, subject to any deductions required for Damage. The Client will be liable for additional Damage caused by Guests and others attending the Event.
The Client shall not be entitled to any reduction in the cost if the number of Guests attending the Event is less than originally booked.
All payments must be made via EFT transfer to our bank account only.
2. CANCELLATION BY CLIENT
A confirmed booking is only deemed cancelled when the Business receives written notification of cancellation from the Client.
Cancellation fees based on notice period:
i. 90 days or more: Deposit only (subject to paragraph 1 above)
ii. Between 30 and 90 days: 75% of pre-booked total Fee
iii. Less than 30 days: 100% of pre-booked total Fee
3. CANCELLATION BY THE BUSINESS
The Business reserves the right to cancel the Event if:
• The Venue must be closed due to Force Majeure.
• The Client is in arrears with any payment due.
• The Business has reasonable grounds to believe the Client may not pay the balance of the Fee by the due date, and the Client fails to clarify the position satisfactorily.
• The Business discovers that the Client has deliberately concealed or misrepresented information relevant to the Event.
• The Business reasonably believes that the behaviour of the Client or Guests may cause Damage or injury.
If the Business cancels for any of the reasons above, any monies paid by the Client will not be refunded, and the Client must pay the Business any losses and costs it incurs due to the cancellation. If cancelled due to Force Majeure, any monies paid by the Client will be refunded in full, which will be the extent of the Business’s liability.
4. CATERING/SUPPLIERS
The Client is free to use any suppliers for the Event. If a Caterer not on our approved list is used, the Business may request a refundable deposit of 10% to cover breakages, losses, or unreasonable cleaning requirements in the kitchen, deductible from the deposit.
5. EVENT HIRE PERIOD, ACCESS, AND FACILITIES
The hire period for the Event is:
• Weekdays: 8am to 10pm
• Fridays and Saturdays: 8am to 12pm
• Sundays: 11am to 7pm
Events must conclude within these times unless otherwise agreed in writing.
Additional Information:
• Set-up access is from 8am on the Event Day (11am on Sundays).
• Suppliers can access the Venue outside the hire period with prior arrangement.
• Deliveries of alcohol, chairs, and other supplies may only occur the day before the Event. It is the responsibility of the Client, or an appointed representative, to be present to receive and verify the contents of all deliveries.
• Facilities Provided: Heating or fans, generator (at additional charge), bathroom supplies, full-site cleaning ahead of the Event.
6. EVENT HIRE
The Client will ensure that Guests behave appropriately and do not cause a nuisance or breach of the law. At the end of the hire period:
• The Client must remove all items brought in for the Event.
• No sub-letting of the Venue is permitted.
• All electrical equipment brought in must have a valid Portable Appliance Test Certificate.
• The Venue is non-smoking indoors, with smoking only permitted outside.
• No unapproved alterations or affixations to walls are allowed.
• Releasing Chinese lanterns or open fires on the grounds is prohibited.
• Children must be supervised at all times.
DJ and Equipment: Only our DJ and equipment may be rented, or the Client may bring their own DJ and equipment.
7. LIABILITY
The Client agrees that none of the Business, its employees, or agents shall be liable for:
• Damage, loss, delay, or expense to the Client, Guests, or any other person, except for personal injury caused by proven negligence by the Business.
• Damage, theft, or loss of any property, goods, or possessions brought to the Venue (remaining the Client’s responsibility).
The Client is liable for any Damage caused by themselves, Guests, or the Caterer. The Business’s liability is limited to the amount payable for the Event.
8. FORCE MAJEURE
If the Event cannot proceed due to Force Majeure, the Business will work with the Client to reschedule. If rescheduling is not possible, all monies paid (except non-refundable deposits) will be refunded, which will be the Business’s total liability.
9. HEALTH AND SAFETY COMPLIANCE
The Client agrees to comply with all health and safety guidelines provided by the Business and adhere to public health regulations during the Event.
10. INSURANCE REQUIREMENT
The Client is encouraged to obtain insurance to cover potential damages or liabilities, including public liability insurance, especially for large events or those involving alcohol.
11. INDEMNITY
The Client agrees to indemnify and hold harmless the Business, its employees, and agents against any claims, damages, or losses arising from or in connection with the Client’s Event, including claims by third parties.
12. NOISE RESTRICTIONS
The Client agrees to adhere to all noise restrictions required by law or as set by the Business to prevent disturbance to the surrounding community.
13. EVENT ATTENDANCE LIMITS
The maximum number of Guests permitted in the Venue is 500. The Client is responsible for ensuring that guest attendance does not exceed this limit in compliance with safety regulations.
