My Waiheke Hire Terms and Conditions
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.
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 10% per month may be charged on any overdue amounts, and the Client shall be liable for all costs of recovery.
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.
5. MINIMUM ORDER VALUE
5.1 A minimum hire order of NZD $300 + 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.
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.
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.
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 full replacement value.
10.3 The bond will be withheld if damage is identified.
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.
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 In all cases of cancellation (including unforeseen circumstances), all payments made to date are non-refundable, and any unpaid amounts remain due.
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.
13.2 The Client waives any rights to payment, royalties, or approval of such images.
14. LIABILITY AND INDEMNITY
14.1 MWH shall not be liable for any injury, loss, or damage caused by the Hire Items during the Hire Period.
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.
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.
Planning and Styling Terms and Conditions
1. Scope of Services
1.1 My Waiheke is engaged in the business of wedding and event planning and styling and offers services based on extensive experience and industry connections.
1.2 My Waiheke recommends the use of its preferred suppliers, who have demonstrated a high level of professionalism and service. However, the final decision to engage such suppliers rests with the Client.
2. Communication and Correspondence
2.1 All formal correspondence shall be conducted via email for purposes of clarity and record-keeping.
2.2 Queries may be submitted via email at any time; however, responses will typically be consolidated and discussed during the next scheduled consultation, unless time-sensitive in nature.
2.3 Phone consultations shall be scheduled in advance. A response time of 24–48 business hours applies, which may be extended during peak event seasons (Thursday–Sunday, summer months).
3. Design and Creative Discretion
3.1 My Waiheke shall use best efforts to execute the Client’s vision based on mutual discussions. However, My Waiheke retains sole discretion to make necessary real-time decisions on the day of the event to preserve the integrity and flow of the event.
3.2 Up to three (3) redesigns or re-quotes are included free of charge. Each additional redesign will incur a fee of NZD $150.
3.3 No further changes to design arrangements will be accepted within two (2) months of the event date, unless such changes are additions. Final confirmation of event details shall occur two (2) months prior to the scheduled event.
4. Payments and Invoicing
4.1 A non-refundable deposit of fifty percent (50%) of the total contract value is required to confirm any booking. The remaining balance shall be payable no later than seven (7) calendar days before the scheduled event date.
4.2 Bookings made less than thirty (30) days prior to the event require payment of one hundred percent (100%) of the total cost upon booking.
4.3 All pricing is exclusive of Goods and Services Tax (GST) at the prevailing rate of 15%, unless stated otherwise.
4.4 Payments are accepted via bank transfer or credit card (via PayPal), the latter subject to a 4% processing fee.
4.5 For rescheduled or postponed events, an additional 25% of the remaining balance is due 60 days prior to the rescheduled date, with the final balance due 7 days prior to the event.
4.6 Late payments will accrue interest at a rate of ten percent (10%) per month. My Waiheke reserves the right to cease services and recover all reasonable costs incurred for debt recovery.
5. Date Changes and Postponements
5.1 In the event of a date change, a new contract and proposal will be issued, subject to availability. A further deposit of 25% of the total event value is required to secure the new date.
5.2 All non-refundable and non-transferable expenses incurred prior to the date change remain the sole responsibility of the Client.
5.3 Postponements must occur within twelve (12) months of the original event date. Events postponed beyond this period shall be treated as new bookings, subject to revised pricing and fees.
5.4 Only one (1) postponement is permitted. Additional postponements shall not be accepted unless otherwise agreed in writing.
6. Cancellations and Force Majeure
6.1 In the event of cancellation for any reason, including force majeure, all payments made to date are non-refundable.
6.2 Cancellations within thirty (30) days of the event shall result in the Client being liable for the full
outstanding contract amount.
6.3 All cancellations must be made in writing via email and shall be effective upon confirmation of receipt.
6.4 In circumstances deemed force majeure—including, but not limited to, natural disasters, civil unrest, pandemics, war, terrorism, or government-imposed restrictions—My Waiheke may allow for the event to be rescheduled within twelve (12) months, subject to availability and written agreement. Refunds under force majeure are discretionary.
7. Photographic Rights and Promotion
7.1 The Client agrees to provide My Waiheke with access to professional event photographs for promotional use. My Waiheke may use behind-the-scenes images and selected event photos for advertising, web, print, and social media purposes unless expressly prohibited in writing.
7.2 If any aspect of the event is submitted for publication, My Waiheke must be credited accordingly.
8. Third-Party Vendors and Hire Services
8.1 My Waiheke may recommend and/or liaise with third-party vendors; however, the Client contracts directly with such vendors and is solely responsible for reviewing and accepting their terms.
8.2 My Waiheke is not liable for non-performance, damages, or disputes arising from third-party vendors or their agents, though reasonable efforts will be made to mediate any issues.
8.3 All hire items are subject to either My Waiheke’s hire terms or those of the relevant third-party supplier. Damage or loss of hire items shall be charged to the Client at replacement value.
8.4 The Client shall provide accurate contact information for any personal participants (e.g., friends or family performing roles at the event) and authorises My Waiheke to liaise with them to ensure seamless coordination.
9. Damage and Indemnity
9.1 My Waiheke shall not be liable for any loss or damage to personal property, equipment, furniture, clothing, or valuables belonging to the Client or guests.
9.2 The Client accepts full responsibility for any damages caused by the Client, their guests, or agents.
9.3 The Client shall indemnify and hold harmless My Waiheke against all claims, liabilities, damages, and costs arising from any breach, negligence, or failure to comply with this Agreement by the Client or their agents.
10. Limitation of Liability
10.1 The Client acknowledges that all services are undertaken at their own discretion and risk.
10.2 My Waiheke’s total liability, whether in contract, tort (including negligence), or otherwise, shall be limited to the total amount paid by the Client under this Agreement.
10.3 My Waiheke shall not be liable for any indirect, consequential, or special damages, including loss of enjoyment, emotional distress, or reputational harm.
11. Termination and Breach
11.1 My Waiheke reserves the right to terminate this Agreement immediately if the Client fails to meet contractual obligations, including payment or communication requirements.
11.2 Upon termination, all payments made shall be forfeited and any outstanding balances shall become immediately due.
12. Dispute Resolution and Conduct
12.1 Any concerns or complaints shall be submitted in writing via email to hello@mywaiheke.co.nz within twenty-one (21) days following the event.
12.2 Both parties agree to refrain from public disparagement, including on social media platforms, and to engage in good faith discussions to resolve any disputes privately.
13. Entire Agreement
13.1 This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations, and understandings.
13.2 No amendment or modification to this Agreement shall be valid unless in writing and signed by both parties.
13.3 This Agreement is non-transferable without the prior written consent of My Waiheke.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and any disputes shall be subject to the exclusive jurisdiction of the courts of New Zealand.
By paying the initial deposit, the Client confirms that they have read, understood, and accepted the above Terms and Conditions in full.
Floral Services Terms and Conditions
1. Booking and Confirmation
1.1 A non-refundable deposit of 50% of the total quote is required to secure your wedding date and floral services with My Waiheke.
1.2 Your booking is only confirmed once the deposit is received and a confirmation email is sent.
1.3 Final flower choices and styling are subject to seasonal availability. We will do our best to match your desired flowers and colour palette, but substitutions may be made at our discretion if specific blooms are unavailable.
1.4 All floral services provided by My Waiheke must be booked in conjunction with a Planning or Styling Service. We do not offer standalone wedding flower packages without one of these core services.
2. Payments
2.1 The remaining balance is due 30 days prior to the event date.
2.2 Payments can be made via bank transfer. Payment details will be included in your invoice.
2.3 If payment is not received in full by the due date, we reserve the right to cancel the booking and retain the deposit.
2.4 All our prices are quoted excluding 15% GST (New Zealand Goods and Services Tax). This includes our services and event hire items.
3. Cancellations and Refunds
3.1 All cancellations must be made in writing.
3.2 Cancellations made more than 60 days before the event will incur a cancellation fee equal to the deposit paid.
3.3 Cancellations made within 60 days of the event are non-refundable, and 100% of the total balance will be payable.
3.4 If your event is postponed, we will make reasonable efforts to accommodate a new date, subject to availability. Additional charges may apply.
4. Flower Substitutions and Design Changes
4.1 Flower availability is subject to seasonal and market conditions. My Waiheke reserves the right to make substitutions of equal or greater value without prior notice.
4.2 Final design adjustments may be made up to 60 days prior to the wedding. After this date, no significant changes will be accepted. Any changes made after this can only be accepted if you wish to add items to your order as floral orders will already be confirmed with our suppliers
4.3 Photos provided by clients are used as inspiration only. Final arrangements may differ due to availability and natural variation.
4.4 Up to three (3) re-designs/re-quotes are included free of charge. Additional redesigns incur a fee of $150 per redesign.
4.5 Whilst we endeavour to accurately quote our orders in advance, sometimes our suppliers increase their prices due to weather and seasonal variations and therefore our prices can fluctuate throughout the year or change at short notice prior to your event. In this case we will inform you of any changes no later than 7 days before your event.
5. Delivery and Setup
5.1 My Waiheke will deliver and set up flowers at the agreed time and location. Delivery fees may apply depending on the venue’s location.
5.2 Any changes to delivery addresses or times must be communicated at least 7 days in advance.
5.3 My Waiheke is not liable for delays due to circumstances beyond our control (e.g., extreme weather, road closures, ferry delays).
6. Hire Items
6.1 Any vases, stands, or hired items remain the property of My Waiheke and must be returned or collected as agreed.
6.2 Missing, damaged, or unreturned items will be charged to the client at replacement value.
7. Client Responsibilities
7.1 It is the client’s responsibility to ensure accurate event details, access to venues, and contact persons are provided.
7.2 My Waiheke is not responsible for damage to floral arrangements once they have been delivered and signed off at the venue.
8. Force Majeure
8.1 My Waiheke shall not be liable for any failure to perform or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, or transportation disruptions.
9. Photography
9.1 My Waiheke reserves the right to photograph floral arrangements on your wedding day for promotional purposes, unless otherwise agreed in writing.
9.2 My Waiheke reserves the right to use imagery taken by your wedding photographer (with their permission) to use for promotional purposes.
10. Liability
10.1 My Waiheke is not liable for any personal injury, allergic reactions, or property damage caused by floral materials.
10.2 Our maximum liability is limited to the total amount paid for our services.
11. Agreement
11.1 By paying your deposit, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.