TERMS & CONDITIONS
Terms & Conditions V1.1
Blue Mountains Weddings ABN: 93 634 637 246 (BMW) provides wedding services as advertised at www.bluemountainsweddings.com (Services). BMW’s products and services are offered to members of the public according to the following terms and conditions
By making a booking you (Client):
This version of these Terms & Conditions was created on the 13th November 2023 to remove the clause stating that elopements do not have exclusive use of the venue along with adding the clause related to BMW being able to charge clients additional funds if they exceed the guest numbers. The terms may vary from time to time without notice however the Terms and Conditions as current at the date of booking will apply to the Client unless the Client is notified to the updated terms and doesn’t notify BMW that they object to the revised terms. If you do not agree to the Terms & Conditions, you must not making a booking with us.
We may also email you a copy of these Terms and Conditions upon making a booking, and the Terms and Conditions will be deemed to be accepted within 24 hours of all bookings regardless if you receive an email or not. Should you or anyone else partaking not agree to the Terms and Conditions, you must cancel your booking within the 24 hours and the Deposit referred to in clause 2 will be refunded.
We may also request that you sign an agreement specifically outlining the terms for your specific booking. This agreement will supersede these Terms and Conditions. We reserve the right to cancel your booking if you do not agree to the further agreement upon our request and the normal cancellation and refund policy will apply.
General
All cancellations for any reason are subject to the terms outlined below. This includes if BMW needs to change locations as explained in 4. Location and Weather or the booking cannot go ahead on the planned date due to weather or similar circumstances outside of BMW’s control. Gift Certificates are strictly non-refundable under any circumstances.
Elopements
Non-refundable deposit: A $275 AUD deposit, inclusive of GST, is required to secure all elopement bookings.
Full payment deadline: Full payment must be made at least 14 days prior to the elopement date however a payment plan must be entered into within 7 days of making the booking or otherwise an amount equal to the cancellation fee must be paid.
Booking date changes and cancellation policy: Clients may change the booking date at least 90 days prior to the elopement, or BMW reserves the right to cancel the booking. Clients who cancel within 90 days or do not attend the elopement are not entitled to any refund.
Cancellation fee: If the Client cancels more than 90 days out from the booking date, a cancellation fee of $1500 + GST, not including the initial $250 + GST non-refundable deposit, will be charged to cover our time with organisation/liaison, venue hire plus potential loss of revenue. This fee also includes if the NOIM has been completed with a celebrant in which case the executed NOIM can be used towards other marriage arrangements. The remainder of any funds paid will be returned to the Client less any applicable payment processing fees (typically 2%).
Weddings
Non-refundable deposit: A $550 AUD deposit, inclusive of GST, is required to secure all micro wedding and wedding bookings.
Full payment deadline: Full payment must be made at least 30 days prior to the wedding date however a payment plan must be entered into within 7 days of making the booking or otherwise an amount equal to the cancellation fee must be paid.
Booking date changes and cancellation policy: Clients may change the booking date at least 90 days prior to the wedding, or BMW reserves the right to cancel the booking. Clients who cancel within 90 days or do not attend the wedding are not entitled to any refund.
Cancellation fee: If the Client cancels more than 90 days out from the booking date, a cancellation fee of $3,000 + GST, not including the initial $500 + GST non-refundable deposit, will be charged to cover our time with organisation/liaison, venue hire plus potential loss of revenue. This fee also includes if the NOIM has been completed with a celebrant in which case the executed NOIM can be used towards other marriage arrangements. The remainder of any funds paid will be returned to the Client less any applicable payment processing fees (typically 2%).
Dry Hire
Non-refundable deposit: A $550 AUD deposit, inclusive of GST, is required to secure all dry hire bookings. If the client is booking both a ceremony and reception dry hire then a $1100 AUD deposit, inclusive of GST, is required to secure the booking. The Client must also complete a Dry Hire Agreement via Docusign to confirm the booking. If the Client fails to sign the agreement within 14 days of receiving the request from BMW then BMW reserves the right to cancel the booking with no refund of the non-refundable deposit to be given.
Damage Bond: All dry hire bookings require a refundable damage bond to be provided by the Client to BMW before the Client is permitted to access the location. The amount is $1100 AUD for ceremony dry hire and $2200 AUD for reception dry hire. BMW will return this bond within 48 hours of the booking provided their is no damage or costs incurred.
Full payment deadline: Full payment must be made at least 30 days prior to the wedding date however a payment plan must be entered into within 7 days of making the booking or otherwise an amount equal to the cancellation fee must be paid.
Booking date changes and cancellation policy: Clients may change the booking date at least 90 days prior to the wedding, or BMW reserves the right to cancel the booking. Clients who cancel within 90 days or do not attend the wedding are not entitled to any refund.
Cancellation fee: If the Client cancels more than 90 days out from the booking date, a cancellation fee of $1,000 + GST, not including the initial $500 + GST non-refundable deposit, will be charged to cover our time with organisation/liaison, venue hire plus potential loss of revenue. The remainder of any funds paid will be returned to the Client less any applicable payment processing fees (typically 2%).
All Inclusive Receptions
Non-refundable deposit: A $550 AUD deposit, inclusive of GST, is required to secure all all inclusive reception bookings. However this is simply to secure the date and for BMW to begin the process with confirming the required vendors. An additional non refundable deposit amount will be determined on a case by case basis which will enable BMW to book everything in as required including cover their own non-refundable deposits with vendors. The Client must also complete a Reception Agreement via Docusign to confirm the booking. If the Client fails to sign the agreement or pay the deposit within 14 days of receiving the request from BMW then BMW reserves the right to cancel the booking with no refund of the non-refundable deposit to be given. A further non-refundable deposit will apply for these bookings to cover the required deposits that BMW must pay with other vendors.
Full payment deadline: Full payment must be made at least 60 days prior to the wedding date however a payment plan must be entered into within 7 days of making the booking or otherwise an amount equal to the cancellation fee must be paid.
Booking date changes and cancellation policy: Clients may change the booking date at least 90 days prior to the wedding, or BMW reserves the right to cancel the booking. Clients who cancel within 90 days or do not attend the wedding are not entitled to any refund.
Cancellation fee: If the Client cancels more than 90 days out from the booking date, a cancellation fee of $1,000 + GST, not including the initial $500 + GST non-refundable deposit, will be charged to cover our time with organisation/liaison, venue hire plus potential loss of revenue. The remainder of any funds paid will be returned to the Client less any applicable payment processing fees (typically 2%).
The Client acknowledges understanding and accepting the following terms related to the NOIM.
Legal Requirement: The Client acknowledges that it is a legal requirement in Australia to lodge a Notice of Intended Marriage (NOIM) with either a registered celebrant or Births, Deaths and Marriages (BDM) at least 1 month prior to the wedding date. If the Client has lodged their NOIM directly with BDM then the Client must pay any applicable transfer fees to allow their celebrant to complete the marriage.
Client’s Responsibility: It is the Client’s responsibility to ensure that the NOIM paperwork has been successfully filled out and completed prior to the due date. If this is not successfully lodged, the marriage cannot legally proceed on the proposed date. In this circumstance the Client may continue with the booking as originally planned with BMW supplying everything as originally intended however the wedding would become a ‘commitment ceremony’ or similar as the marriage cannot be legally bound without the NOIM being completed by the due date.
Consequences of Failure to Lodge NOIM:
a. No Refund: If the Client fails to complete this paperwork, they will not be entitled to any refund of fees paid to BMW even if they decide to cancel the wedding.
b. Discretionary Rescheduling: BMW is under no obligation to reschedule the wedding, although it may do so at its sole discretion. Any rescheduling may be subject to additional fees or conditions.
c. Additional Costs: The Client is responsible for any additional costs incurred by BMW due to the failure to complete the NOIM, including but not limited to, non-refundable deposits or fees paid to third parties. The Client must also cover any additional fees associated with the Celebrant completing the legal registration for the marriage at a later date.
Shortening of time: Upon request BMW may agree at their sole discretion to assist the Client with a shortening of time request which if approved would enable the marriage to go ahead on the proposed date despite the due date of the NOIM being missed. The request must be lodged by the Client directly with BDM and the Client must pay any additional fees associated with this including a fee to BMW. BMW gives no guarantee that the request will be approved by BDM and if not approved the same terms apply regarding failure to lodge the NOIM.
BMW may offer a payment plan at their discretion. If BMW offers the Client a payment plan, the Client must meet the payments by the payment dates as agreed. Should the Client fail to meet the payment dates or terms, then BMW may cancel the payment plan at any time, and all remaining payments must then be made immediately in full by the Client. The Cancellation and Refund Policy in clause 2 applies, although the date for full payment may be varied if agreed by the parties.
Time Allotment: Clients have two (2) hours at the location and must strictly adhere to the start and end times of their booking unless other arrangements are agreed between BMW and the Client.
Weather Conditions: Bookings proceed regardless of weather, with a designated wet weather location provided as an option by BMW except for bookings at Leuralla. Clients may provide an alternative venue at BMW’s discretion with additional fees applicable if extra travel or setup time is required.
Accessibility: Clients must raise concerns about location accessibility with BMW and can request a visit or change of location, subject to BMW’s approval and a $500 + GST fee to account for the additional time, organisation and logistics involved.
Venue Changes: The Client also acknowledges that BMW does not own any of their venues and hence the location can be subject to change if BMW no longer has permission to utilise a location. As the locations are in nature, weather events or other similar circumstances could also make a location no longer safe or suitable. If BMW can no longer utilise a location, BMW will endeavour to find the closest possible replacement location and will provide the same services. If the Client does not agree to accept BMW’s replacement location then the normal cancellation policy still applies as per normal.
Public Space Considerations: BMW endeavours to choose quiet and private locations, but cannot guarantee privacy or peace at public spaces. This also applies to private venues which are naturally surrounded by public space.
Leuralla Venue Specifics
As Leuralla is private property, different terms apply to BMW’s other locations specifically
Clients are welcome to bring along their children however do so at their own risk. If any person is under 18 years of age then they must be accompanied by a parent/guardian and are not permitted to consume alcohol, and the Client indemnifies BMW for any accident, injury, loss or damage in accordance with clause 10. Client Waiver & Limitation of Liability. BMW can also supply safety tethers for children upon request of the Client to significantly reduce the risk of falls from cliff edges.
Please discuss your children attending with BMW if you feel necessary. We reserve the right to check all participants’ identification at any time.
6. Alcohol
As part of some bookings, BMW may allow BYO alcohol or supply complimentary beverages consisting of alcohol and non-alcoholic options. BMW does not sell alcohol and further alcohol cannot be purchased. This is offered as a complimentary service.
The Client and all others who partake in the booking consume alcohol at their own risk, and agree to indemnify BMW for any resulting accident, injury, loss or damage as a result in accordance with clause 10. Client Waiver & Limitation of Liability. We urge all participants to drink responsibly, and if they become intoxicated they must not continue drinking.
The Liquor Act 2007 (NSW) provides a person must not supply liquor to a person under the age of 18 (Minor) on any premises other than licensed premises unless that person is/or authorised by a parent or guardian, and the supply is consistent with the responsible supervision of the minor. (Penalty exceeds $11,000, or 12 months imprisonment may apply), and for a Minor to receive alcohol without the permission of their parent/guardian (Penalty exceeds $2,200.00).
We do not consider it responsible to provide alcohol to Minors and consumption of alcohol by Minors is not permitted. If we consider there is a risk of underage drinking then we reserve the right to remove the alcohol with no refund or compensation for this. Any residual alcohol may be taken home by the Client.
The Client is hiring the equipment from BMW during the designated 2 hour window. It is the Client’s responsibility to take care of this equipment and ensure there is no damage or theft. Even if this is not the direct result of the Client. As BMW does back to back bookings and run on a tight schedule, if the Client arrives late BMW may need to leave the equipment unattended. If there is any damage or missing items during this time it is the Clients responsibility to pay for this damage.
Before and after every booking, BMW checks every item supplied still remains and is in good condition. Photos may also be taken as further evidence prior to the commencement of every booking.
BMW will determine at its absolute discretion, if any items are missing or damaged, and the Client must pay BMW the associated replacement cost. If it is not possible to replace an individual item then the Client must cover the cost to purchase the minimum possible quantity. The Client must also pay BMW for the time associated with ordering and rectifying the damage or missing item at a rate of $100 + GST per hour.
BMW may at their discretion, but is not obliged to, agree to a payment plan for the cost of the damaged or missing items. If the Client does not pay for the damaged or missing Picnic items, then the Client irrevocably authorises BMW to charge the Client’s credit card for the cost of the damaged or missing items.
If the Client refuses to pay BMW for any damaged or missing items, BMW reserves the right to commence recovery action and the Client will be responsible for any costs associated for BMW to recover any debts. Any outstanding debts will also accrue interest at 2% per month calculated daily.
Any damage, missing items or additional cleaning will be brought to the attention of the Client after the booking to ensure the experience isn’t ruined. The Client must notify BMW immediately following the booking if any items were damaged or dirtied.
These same terms regarding damage to BMW’s equipment also applies to the venue where the Client is liable for any damage suffered to the venue during their booking.
Should the Client create any extra cleaning of the BMW equipment as a result of spilled drinks, food, muddy rugs etc., then the Client will be required to pay a Cleaning Fee of $100 plus GST. BMW will determine this in its absolute discretion and the Client irrevocably authorises BMW to charge the Client’s credit card for the cleaning fee. If the Client refuses to pay BMW for the cleaning fee, BMW reserves the right to commence recovery action and the Client will be responsible for any costs associated for BMW to recover any debts. Any outstanding debts will also accrue interest at 2% per month calculated daily.
IMPORTANT: PARTICIPATING IN AN OUTDOOR ADVENTURE IS AN INHERENTLY RISKY ACTIVITY THAT COULD RESULT IN INJURY OR DEATH, AND BMW EXCLUDES ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Client acknowledges and agrees that the products and services offered by BMW is in the nature of an “outdoor adventure” and as such, has inherent dangers and risks, including risk of injury or death to the Client and any other guests attending the booking with the Client (Guests). You may also encounter unexpected occurrences including but not limited to tripping, slipping or falling over vegetation, rocks or cliffs, bites by snakes, spiders or other insects, and bushfires or extreme weather events. Driving is also an inherently risky activity that could result in injury or death and the Client & Guests must drive in a safe manner and follow all road laws.
The Client further acknowledges and agrees that due to the nature of the activity and such unexpected occurrences, it would be unreasonable for BMW to be in any way responsible for any injury to or death of the Client & Guests and the Client & Guests hereby, to the full extent permitted by law, waives all of their legal rights of action against and fully releases BMW for loss, damages, injury or death howsoever arising out of or in relation to the participation in the activities organised by BMW including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of BMW, its office bearers, directors, employees, sub-contractors or agents.
The Client & Guests further acknowledges and agrees that they have undertaken the activity freely, voluntarily and absolutely at their own risk and with a full appreciation of the nature and extent of all risks involved in the activity. The Client & Guests also acknowledges that the risk warning above constitutes a ‘risk warning’ in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW). This waiver shall bind the Client & Guests along with their executors.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW & CIVIL LIABILITY ACT 2002 (NSW)
Under the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that BMW is required to ensure that the recreational services it supplies to you-
However, BMW is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to this waiver, you will be agreeing that your rights to sue BMW under the Competition and Consumer Act 2010 (Cth) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this waiver.
NOTE: The change to your rights, as set out in this waiver, does not apply if your death or injury is due to reckless conduct on BMW’s part. Reckless conduct refers to conduct where BMW is aware, or should reasonable have been aware, of a significant risk that the conduct should result in personal injury and engages in the conduct despite the risk and without adequate justification.
By agreeing to this waiver, you agree that the liability of BMW in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) for any:
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded.
It is the Client’s responsibility to make BMW aware of any allergies, dietary requirements or similar if BMP is supplying food to the Client. BMW has requested information from food suppliers as to dietary requirements such as gluten free, dairy free, vegan foods, and have used their best endeavours to accurately supply such foods, however BMW cannot guarantee the accuracy of such requirements as BMW relies on third party suppliers. Clients should conduct their own due diligence, and either take precautions, or not consume the food, if they have any concerns.
The Client is welcome to bring their own food, at their own cost, in addition to the Picnic food including in addition to the Gourmet Picnic (catered), at their own risk.
To the extent permitted by law, the Client agrees to indemnify BMW as set out in clause 10 and BMW shall not be liable for any injury loss, accident, or delay that may occur in respect of any goods or services, due to factors beyond their control or by reason of any act or omission of any third party, and as a result including but not limited to food allergies, injuries or poisoning resulting from any Picnic food or other food brought or provided, or dietary requirements which have not been met.
The Client agrees they are responsible for making independent enquiries with third parties regarding the need to acquire their own insurance coverage for any risks raised in clauses 6, 10 and 11.
If any fact, circumstance, matter or thing beyond the reasonable control of BMW (Event) including but not limited to electricity supply interruptions, industry strikes, insurrections, riots, wars, pandemics and natural events including but not limited to contamination, floods, storms, bushfires, and earthquakes which prevents BMW from performing in whole or part its obligations. BMW will give notice of the Event to the Client and:
If any clause or part of any clause in these Terms and Conditions are in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms and Conditions without affecting the enforceability, validity, or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
15. Photography & Videography
BMW may offer their professional photography and videography services to the Client as agreed. The Client is entitled to take their own personal photographs but must not engage an independent professional photographer or videography without the written consent of BMW.
While BMW will endeavour to capture the highest possible quality images, the Client acknowledges that the event is conducted outdoors and not in a studio so therefore the quality of the images cannot be guaranteed by BMW due to variances in lighting, weather and other key factors.
BMP provides only processed and edited images to the Client. Under no circumstances will BMP provide RAW unedited image files to the Client.
16. Giveaways
BMW conducts giveaways as part of their marketing activities based on the following Terms & Conditions