MY WAIHEKE HIRE AGREEMENT

This Hire Agreement (“Agreement”) is made and entered into on the date of booking between:

1. My Waiheke Hire Ltd hereinafter referred to as “MWH,” “we,” or “us”,
and
2. The Hirer (“Client”), whose details are outlined in the booking form.

Together referred to as “the Parties.”

1. DEFINITIONS AND INTERPRETATION

1.1 “Hire Items” means all goods and equipment supplied by MWH to the Client under this Agreement.
1.2 “Hire Period” means the period from delivery of the Hire Items until collection by MWH.
1.3 “Event Date” means the date or dates on which the Client’s event is scheduled to occur.
1.4 Headings are for convenience only and do not affect interpretation.
1.5 References to “written” or “in writing” include email correspondence.
1.6 “Force Majeure” means events beyond the reasonable control of either party, including extreme weather, natural disaster, pandemic, government restrictions, and ferry or transport cancellations.

2. DEPOSIT AND ACCEPTANCE OF TERMS

2.1 A non-refundable 50% deposit is required to confirm all bookings.
2.2 The balance is payable no later than seven (7) days prior to the Event Date.
2.3 Until the deposit is received, MWH may alter pricing or release the Hire Items or services to another client.
2.4 Bookings made within 30 days of the Event Date require 100% pre-payment.
2.5 By paying the deposit, the Client confirms their booking and agrees to the terms and conditions herein.
2.6 A bond/damage deposit may be required with the final balance. The bond will be refunded once all Hire Items are returned and checked for damage. Any loss or damage exceeding the bond will be invoiced to the Client.

3. PAYMENT TERMS

3.1 Payment is preferred by direct credit. The Client must reference their job number and name.
3.2 Credit card payments (via Stripe or PayPal) are accepted, subject to applicable processing fees.
3.3 Invoices are payable seven (7) days prior to the release of goods or services.
3.4 Interest of 2% per month may be charged on any overdue amounts, and the Client shall be liable for all reasonable costs of recovery, including debt collection and legal fees.

4. QUOTES

4.1 Quotes are based on the Client’s specifications and are subject to change if specifications vary.
4.2 Pricing is valid only until the date specified on the quote.
4.3 If no deposit is received by that date, pricing may change without notice.
4.4 All prices are in New Zealand dollars and exclude GST unless stated otherwise.
4.5 Changes to your booking: once the deposit is paid, the items on your invoice are reserved exclusively for your Event Date and declined to other clients.
4.6 Additional items may be added at any time, subject to availability and delivery.
4.7 Quantities may be reduced in writing (for example, to reflect final RSVPs) up to 60 days before the Event Date. Reductions after this date are charged at the full hire price.
4.8 Exchanging booked items for different items is not normally available once a booking is confirmed. Any exchange is at MWH’s discretion and subject to availability, and any price difference will be invoiced.

5. MINIMUM ORDER VALUE

5.1 A minimum hire order of NZD $400 + GST applies to all bookings.

6. HIRE OF ITEMS

6.1 All Hire Items remain the property of MWH or its suppliers.
6.2 Unless otherwise stated, the Hire Period covers one (1) calendar day. Late returns will incur additional charges.
6.3 The Client must ensure all Hire Items are packed and ready for collection at the agreed time.
6.4 Any Hire Item not locatable at the time of collection will be deemed lost and charged accordingly. If the item is returned undamaged within fourteen (14) days, this charge will be refunded, less any late return and collection fees.
6.5 The Client is responsible for the care, safekeeping, and return of all Hire Items.
6.6 The Client is liable for any loss, theft, or damage (including damage to third-party property or persons) arising from use of the Hire Items.
6.7 Hire Items must only be used for their intended purpose. They must not be painted, glued, nailed, taped, or have stickers, adhesives or fixings applied without MWH’s prior written approval.
6.8 Hire Items must not be left outdoors overnight or exposed to rain or adverse weather, and must not be moved from the delivery location without MWH’s approval, other than as agreed in clause 7.
6.9 Furniture must not be stood, sat or climbed on other than for its intended use. Children must be supervised around all Hire Items.
6.10 Candles and open flames must only be used in suitable holders and never left unattended. Electrical and lighting items must be kept dry and used as instructed.

7. DELIVERY AND COLLECTION

7.1 Delivery and collection will occur on the dates specified in the invoice.
7.2 Delivery charges are quoted at the time of booking and depend on order size and distance.
7.3 Deliveries to the far eastern end of Waiheke Island may incur an additional surcharge.
7.4 Final delivery and collection times must be confirmed at least 7 days before the Event Date.
7.5 The Client must arrange safe, clear access and any venue permissions for delivery and collection. Additional charges may apply for waiting time, restricted access, or a failed delivery or collection caused by the Client or venue.
7.6 Where set-up is included, MWH will set up to the agreed plan. Once set-up is complete, any rearranging or relocation of Hire Items by the Client, venue staff or other suppliers is at the Client’s risk.

Mudbrick Vineyard Venue
7.7 To work with Mudbrick’s venue timeline, MWH provides two deliveries and two collections for Mudbrick bookings, included in the delivery price on the quote. This includes set-up of all furniture at The Lodge, such as cocktail lounge furniture, bars and leaners.
7.8 Deliveries: 2:00pm for The Lodge, ceremony and cocktail hour hire; and 2:00pm or 4:00pm (as confirmed with the Client) for restaurant reception hire, such as décor and lighting.
7.9 Collections: 6:30pm on the Event Date for all hire from The Lodge and ceremony area; and 9:00am the following morning for all remaining hire, including any items relocated to the restaurant.
7.10 Ceremony seating: ceremony chairs require a separate delivery. MWH will set them up at 2:00pm and clear them at 4:45pm, straight after the ceremony, to make room for cocktail hour. An additional fee applies for this service.
7.11 These timings follow Mudbrick’s venue requirements. If the venue changes them, or additional trips are needed, MWH will advise the Client of any extra charge before the Event Date.
7.12 The final delivery and collection fee will be confirmed on the invoice once the hire order is final.

8. CONDITION OF GOODS

8.1 The Client must inspect all Hire Items upon delivery and confirm their condition against the delivery note.
8.2 If no representative is available to check goods at delivery, items will be deemed received in good order.
8.3 All Hire Items must be returned in a reasonably clean condition.

9. SUBSTITUTION

9.1 MWH reserves the right to substitute any Hire Item with a similar product if necessary.
9.2 If the substituted item is of lesser value, MWH will refund the difference to the Client.

10. DAMAGE, REPLACEMENT AND CLEANING

10.1 The Client is responsible for all Hire Items while in their possession, including during delivery to and from venues.
10.2 Any damaged, broken, chipped, or scratched items (beyond normal wear and tear) will be charged at the cost of repair or full replacement value, whichever is lower.
10.3 The cost of any repair, replacement or cleaning will be deducted from the bond, and the balance refunded within ten (10) business days of collection.
10.4 If the cost of damage exceeds the bond, the Client shall pay the balance within ten (10) business days of notification.
10.5 The Client is responsible for obtaining any necessary insurance for loss, theft, or damage during the Hire Period.
10.6 Cleaning charges apply to items returned with wax, food or drink residue, glitter, confetti, or similar, or not returned in their crates and packaging.

11. POSTPONEMENT AND CANCELLATION

11.1 Cancellations must be made in writing.
11.2 The 50% deposit is non-refundable.
11.3 Cancellation fees:

• 30 or more days’ notice: No further charge.

• Less than 30 days’ notice: 100% of hire cost is payable.

11.4 Postponements due to force majeure may be transferred to a new date within 12 months of the original Event Date.
11.5 Postponements beyond 12 months constitute a new booking and will incur new fees.
11.6 Postponements will not be accepted within 30 days of the Event Date, except for government-mandated restrictions.
11.7 Only one postponement will be permitted per booking.
11.8 If MWH cannot fulfil a booking on the new date and substitution is not possible, MWH may cancel or refund at its discretion.
11.9 Except as set out in clauses 11.4 to 11.10, in all cases of cancellation (including unforeseen circumstances), all payments made to date are non-refundable, and any unpaid amounts remain due.
11.10 If MWH cancels a booking, or cannot supply the Hire Items and no suitable substitute is available, the Client will receive a full refund of payments made for the affected items.

12. COPYRIGHT

12.1 All images, designs, and concepts created by MWH remain the intellectual property of MWH.
12.2 Such materials may not be used, copied, or distributed without MWH’s written consent.

13. PHOTO RELEASE

13.1 The Client grants MWH permission to use event images for promotional purposes, including but not limited to websites, social media, and print materials. This applies to clients who have booked My Waiheke styling, coordination or planning services for their wedding day.
13.2 The Client waives any rights to payment, royalties, or approval of such images.
13.3 Clients who would prefer their images not be used may tell us in writing at any time before the Event Date.

14. LIABILITY AND INDEMNITY

14.1 To the extent permitted by law, MWH is not liable for any injury, loss or damage arising from use of the Hire Items during the Hire Period, or for any indirect or consequential loss. MWH’s total liability under this Agreement is limited to the hire fees paid.
14.2 The Client agrees to indemnify and hold MWH harmless against all claims, damages, or expenses arising from the Client’s use of the Hire Items.
14.3 Nothing in this Agreement limits any rights the Client has under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot lawfully be excluded.

15. GOVERNING LAW AND DISPUTE RESOLUTION

15.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
15.2 The Parties agree to attempt to resolve any disputes through good-faith negotiation or mediation before commencing legal proceedings.
15.3 Any proceedings shall be brought in the appropriate New Zealand court of jurisdiction.

16. AGREEMENT AND ACCEPTANCE

16.1 The Client acknowledges that by making a booking and paying the deposit, they have read, understood, and agree to be bound by this Agreement and any additional terms available at www.mywaiheke.com
16.2 No signature is required for acceptance.
16.3 The terms in place on the date the deposit is paid apply to that booking.
16.4 If any clause of this Agreement is found to be unenforceable, the remaining clauses continue to apply.