Terms

Exclusive Use Bookings

In the following terms and conditions, the phrases ‘we’, ‘us’ or ‘our’ refers to Zivaan Pty Ltd t/a Angelo’s Cabarita. The phrases ‘you’ and ‘your’ refer to the other contractual party stated above.
1.0. Booking Details
1.1. Temporary holds are offered for 7 days from the date of the event order before a deposit, and a completed and signed Event Order Form is required to secure your booking. Angelo’s has the right to cancel your reservation should the deposit and this signed terms and conditions not be received in this time.
1.2. At the time of making your booking, we will provide you with an estimated minimum cost (‘Estimated Cost’) on the event order form, which will be payable on the day of your event. This cost is based on the number of people that will be in attendance.
1.3. On-site meetings are available for exclusive use bookings.
1.4. At our venue, we welcome groups of all sizes, including those with children. We want to ensure the best possible experience for all our guests, so we prefer to maintain a reasonable adults/kids ratio. Our experienced event managers reserve the right to accept or decline a booking based on the ratio of adults to kids, especially on weekends.
2.0. Deposits
2.1. To secure your exclusive use booking, we require a deposit of $2,000.00.
2.2. Deposits are non-refundable. By signing these terms and conditions you acknowledge your understanding that the deposit is not refundable under any circumstances unless otherwise agreed in writing by Angelo’s.
2.3. By paying the deposit you agree to our terms & conditions.
3. Final Numbers
3.1. Your final numbers are required 10 days prior to your booking. We will re-confirm the estimated minimum cost that will be owing on the day of your booking based on this number.
3.2. Additional charges will apply if the head count on the day of your booking exceeds the number previously advised by you.
3.3. You acknowledge and agree that that if the confirmed final number of guests attending the Event decreases by the amount previously advised by you by an amount of 5% or more, that we shall be entitled to charge an additional amount to that stated on the Group Booking Form.
4.0. Hours
4.1. Our standard function duration is 4.5 hours.
4.2. If your booking is at lunch, all guests must vacate the premises by 4:00pm.
4.3. All dinner functions must conclude by 11:30pm.
5.0. Reschedule & Cancellation Policy
5.1. Rescheduling within 4 weeks of the booking date will result in a forfeit of the deposit. A new deposit will be required to secure a new date.
5.2. Rescheduling within 14 days is not permitted and will be treated as a cancellation for the purpose of applicable charging.
5.3. The following cancellation fees shall be payable by you if you cancel your event (in addition to forfeiture of your deposit):
180+ days prior to event
No cancellation fee is charged.

180 to 90 days prior to event
Cancellation fee of 25% of the Estimated Cost stated on the event order.

90 to 31 days prior to event
Cancellation fee of 50% of the Estimated Cost stated on the event order.

Less than 30 days prior to event
Cancellation fee of 100% of the Estimated Cost stated on the event order.

5.4. In addition to the cancellation fees advised above, if we have booked/hired any equipment, entertainment, other services for your event, you will be liable to pay the full amount that Angelo’s may be charged for cancellation of those services.
5.5. The cancellation fees and amounts referred to in this Clause 5, must be paid by you regardless of the reason that you cancel your booking, unless otherwise agreed in writing by Angelo’s.
Our cancellation fee is a conservative and genuine pre-estimate of our loss if you fail to keep your booking.
6.0. Payment
6.1. We will issue you an invoice for our services prior to your event, which is payable pursuant to this agreement. This invoice will stipulate the due date for each payment instalment.
6.2. Payment of our invoice may be made by bank cheque, bank transfer, cash or EFTPOS. Please note all credit cards incur a 1.9% surcharge.
6.3. If you do not confirm your final number of guests 7 days prior to the event, we are entitled to issue an invoice which has been calculated based on the number of guests advised in your event order.
6.4. If the actual number of guests attending your event exceeds the number stated on the invoice, you must pay any additional amount owing, as advised by us, on the day of the event.
6.5. You will be subject to a late payment penalty of $100.00 per day for each day that the invoice is unpaid after the due date.
7.0. Public Holiday Surcharge
7.1. An additional 15% per person surcharge is applicable for all days gazetted by the Government as a public holiday.
8.0. Food & Beverage Supplied by You
8.1. If you wish to bring food and/or beverages to your event, you must obtain prior written consent from us to do so. You must advise us of your intention to supply food or beverages in writing at least 45 days prior to your event.
8.2. It is within our absolute discretion to grant or withhold our consent to permit you to supply food or beverage to your event.
8.3. If we consent to such requests made by you pursuant to this clause 8, you must abide by all conditions that we impose on you, including payment of any surcharges that we may require to be paid. We may refuse to serve any food which we consider to not be of an acceptable standard.
8.4. The quality and/or suitability of any food and/or beverage supplied by the you are your sole responsibility.
9. Set up & Styling
9.1. The restaurant premises will be made available for early access from 10:00am for lunch events and 5:00pm for dinner events.
9.2. All decorations and gifts must be removed at the conclusion of your event. You and your contractors/suppliers must remove all equipment, gifts and other items brought into the restaurant premises immediately after the conclusion of your event. There is a maximum of 1 hour bump out time
9.3. A cleaning fee of $300 applies should restaurant staff be required to dispose of any flowers, balloons, decorations etc.
9.4. Should you wish to outsource cutlery, a $8 per person handling/cleaning fee will apply.
9.5. Cakes can be delivered to the venue on the day of your event unless specified by our Functions Team
9.6. Angelo’s may dispose (as it deems fit) of any gifts, equipment or items that are left on or at its premises without being liable for consequential damages of any nature for any reason whatsoever.
9.7. Angelo’s Cabarita does not take responsibility for the loss or damage of any items brought into the venue.
10. Contractors
10.1. If you wish to engage contractors for the event, you must obtain our prior written consent to do so. If we give our consent, your contractors must:
10.1.1. Provide to us at least 7 days before entering the restaurant premises, certificates of currency from a reputable insurance company for all relevant insurance policies, including workers compensation insurance, product liability insurance, and public liability insurance, and any other insurance policy required by us;
10.1.2. At all times abide by all the conditions, rules, directions, instructions and requests given by us and our representatives whilst the contractors are on the restaurant premises.
10.1.3. Provide to us with their full contact details, including addresses and telephone numbers.
10.2. Regardless of whether we have given our consent for the contractors to operate on the restaurant premises, you are responsible for all costs and expenses incurred by us by reason of your contractors attending the property or by reason of the services provided by your contractors.
10.3. We will only accept delivery of any goods within a window of 5 working days prior to your event. We will take all care, but we do not accept responsibility for the items delivered to the restaurant premises.

11.0. Music & Entertainment
11.1. Exclusive use bookings will be offered Spotify connectivity to our sound system.
11.2. DJs, live music and microphones are permitted for exclusive use bookings. Please note that Sub woofers are not allowed.
11.3. Management reserves the right to adjust volume levels if they are excessive.
11.4. Any kind of children entertainment is permitted for exclusive use bookings only.
11.5. All contractors engaged by you must abide by our staff’s directions at all times.

12.0. Provision of Details
12.1. You must provide to us the following information by no later than the time periods below:

35 days prior to event date
Finalise and advise of your menu choices for the event in writing.

10 days prior to event date

A duly completed copy of the guest and seating list in alphabetical order, as well as special meal request forms, which can be provided to you by our event manager.

7 days prior to event date
a) Duly completed copy of the run sheet
b) Duly completed copy of the MC information sheet
c) Guest place cards
d) Bonbonniere
e) Any extra items required on the day (for example CDs, toasting glasses, cake knife, etc)
f) Confirmation of your contractors and suppliers contact details and specific details of the items/services being provided

12.2. We shall not be liable for any consequences of you failing to comply with clause 12.1.

13.0. Variation of Price and Services
13.1. You acknowledge and agree that if any food, beverages, entertainment, or equipment required for your event are unavailable through circumstances beyond our control, that we shall be excused from providing any such food, beverages, entertainment, or equipment, and you agree to us arranging to provide alternate food, beverages, entertainment, or equipment as are available.
13.2. You acknowledge and agrees that:
13.2.1. The Estimated Cost figures stated in the Event Order for the provision of the services are calculated on the basis of the cost and availability of the food, beverages, entertainment and equipment of providing such services as at the date of the Event Order; and
13.2.2. We may, at our sole discretion increase the prices stated in the Event Order.
13.2.3. You acknowledge and agree that:
13.2.3.1. You have no claim of any nature against us arising out of or in connection with any of the matters referred to in this Clause 13; and
13.2.3.2. We shall not be liable for the loss of profit or consequential damages whether based on breach of contract, warranty or otherwise.

14.0. Rehearsals
14.1. If you would like to organise a rehearsal, your Event Manager can arrange a time that is appropriate and does not clash with other events. Please note all rehearsals must be held within business hours and on Monday – Thursday only. There will be a room only rehearsal fee beginning at $200/ hour with no food or beverage served on site or to be brought in externally.

15.0. Patron Responsibilities
15.1. Children must remain seated in the restaurant premises. Running around the venue is not permitted, however patrons are free to use the public park adjacent to the venue.

16.0. Damage to the Premises
16.1. You are financially liable for any damage to the restaurant property, fixtures, or fittings or to any parties that have been affected by damages, whether that damage was caused by you or your guests, employees, or agents. And the event of damage to the restaurant room/paint/furniture, a quote for repair will be sent to be paid in full.
16.2. You must not nail, screw, glue, tape or attach to any doors, walls, ceilings, or surfaces on the restaurant premises without our written consent.

17.0. Parking
17.1. Car parking is available on premises. All car parking is at the vehicle owner’s risk. We suggest that you do not keep valuables in your car.

18.0. Responsible Service of Alcohol & Smoking
18.1. Angelo’s Cabarita is committed to the responsible service of alcohol. Intoxicated guests will not be served. It is a requirement of the law that intoxicated persons are removed from the premises.
18.2. Minors must be supervised at all times. We do not tolerate underage drinking on the restaurant premises, and we reserve the right to terminate your event if we reasonably suspect such behaviour to be taking place.
18.3. You are responsible for ensuring that your guests behave in an orderly manner. We reserve the right to remove any persons who we deem to be conducting themselves in a disruptive manner.
18.4. Smoking is strictly prohibited on the restaurant premises and within its immediate vicinity. Smoking is banned by law from any commercial outdoor areas and within 4 metres of a seated dining area at a licensed venue.

19.0. Termination of Event
19.1. Notwithstanding the other provisions of this Agreement, we may terminate this agreement immediately on the happening of any of the following events:
19.1.1. You fail to make any payments or to observe, perform, or fulfil any of your obligations under this Agreement, or
19.1.2. If you (being a company) enter into liquidation, or if a receiver or official manager or provisional liquidator be appointed; or
19.1.3. If you (being a natural person) are declared bankrupt, or insolvent, or if your property is assigned for the benefit of creditors.
19.2. In addition to the Company’s rights pursuant to Clause 19.1, if for any reason beyond our control, including but not limited to strikes, regulation or orders of any Authority, civil disorder, fire, flood or other emergency causes, lightning, storm tempest, acts of God, acts of war or other disabling cause which render us unable to perform our obligations under this Agreement, then such non-performance is excused and we can terminate this Agreement without further liability of any nature for any reason whatsoever.
19.3. If at any time during your event, we form the view that your event is disrupting the operation of the restaurant or affecting our reputation or security, or if there is an emergency event, we are entitled to:
19.3.1. Exclude, remove or restrain any person/s from the restaurant premises whom we deem disruptive; and/or
19.3.2. Terminate your function, upon which you must immediately take all necessary steps to ensure that you and all of your guests vacate the restaurant premises forthwith.
19.4. If we exercise our right to terminate your event pursuant to clause 19, we shall not be liable for any consequential damages of any nature for any reason whatsoever and you indemnify us for any claim made against Angelo’s Cabarita.
19.5. The termination of this Agreement by Angelo’s shall not prejudice or affect any rights or remedies we have against you on any account of any antecedent breach by you of any of the terms and conditions of this Agreement.

20.0. Leftover goods
20.1. You must provide full disclosure of substantial items that you are bringing to the Premises. All items and goods must be collected at the conclusion of your Event. Should there be any additional items remaining at the end of the pack-down period, or should your contractors take longer than allocated, then an overtime fee will be charged to you. The fee will be discussed once a scope of work has been conducted, however fees will begin at $150.

21.0. Assignment
21.1. We may assign the benefit of this Agreement at our sole discretion.

22.0. Insurance & Public Liability
22.1. Angelo’s accepts no responsibility for damage or loss of merchandise, equipment or personal articles left in the restaurant prior to, during or after a function.

23.0. Security & Video Surveillance
23.1. Please be advised that the restaurant premises is under 24-our video surveillance.
23.2. We do not accept liability or responsibility for loss, damage or theft of any items left on the premises prior, during or after your function.

24.0. Permissions
24.1. You acknowledge and agree that from time to time, we may take photographs, audio or video recordings (“Media”) of the restaurant premises, which may include your event. You hereby provide express permission and consent for us to use the Media for promotional purposes, including original, edited and reproduced copies.

25.0. Release by Client
25.1. You hereby release Angelo’s, it’s agents, employees, and contractors from all claims for any loss, damage or injury to person or property or otherwise sustained by you or your guests, invitees, agents, employees or contractors, but provided that such release will not be applicable to any loss, damage or injury caused by or contributed to by any act or omission of Angelo’s, its agents, employees, and/or contractors.

26.0. Whole Agreement
26.1. The terms of this Agreement may only be varied by further written documentation between the Company and the Client which is signed by both parties.

Partial Use Bookings

In the following terms and conditions, the phrases ‘we’, ‘us’ or ‘our’ refers to Zivaan Pty Ltd t/a Angelo’s Cabarita. The phrases ‘you’ and ‘your’ refer to the other contractual party stated above.

1.0. Booking Details
1.1. Temporary holds are offered for 7 days from the date of the event order, before a deposit, and a completed and signed Group Booking Form is required to secure your booking. Angelo’s has the right to cancel your reservation should the deposit and signed terms and conditions not be received in this time.
1.2. At the time of making your booking, we will provide you with an estimated minimum cost (‘Estimated Cost’) that will be payable on the day of your event, based on the number of people that will be in attendance.
1.3. We will try to accommodate any requests for your event to take place in specific areas of the restaurant, however we cannot guarantee that such requests will be met.
1.4. On-site meetings are limited to exclusive use bookings due to demand. Phone/email consults are available for all smaller group bookings.
1.5. At our venue, we welcome groups of all sizes, including those with children. We want to ensure the best possible experience for all our guests, so we prefer to maintain a reasonable adults/kids ratio. Our experienced event managers reserve the right to accept or decline a booking based on the ratio of adults to kids, especially on weekends

2.0. Deposits
2.1. All deposits are non-refundable. By signing these terms and conditions you acknowledge your understanding that the deposit is not refundable under any circumstances unless otherwise agreed in writing by Angelo’s.
2.2. By paying the deposit you agree to our terms & conditions.
2.3. Our deposit policy is as follows:

Number of Guests Deposit
10 to 30 – $300.00
30 to 50 – $500.00
50+ – $1,000.00

3.0. Final Numbers
3.1. You must confirm your final number of guests 7 days prior to your event date. We will re-confirm the estimated minimum cost that will be owing on the day of your booking based on this number.
3.2. Additional charges will apply if the head count on the event date exceeds the number previously advised by you.
3.3. You acknowledge and agree that that if the confirmed final number of guests attending the event decreases by an amount of 5% or more of the previously advised number, that we shall be entitled to charge an additional amount.

4.0. Hours
4.1. Our standard function duration is 4 hours.
4.2. If your event is at lunch, all guests must vacate the premises by 4:00pm.
4.3. All dinner functions must conclude by 11:00pm.

5.0. Reschedule & Cancellation Policy
5.1. Rescheduling within 4 weeks of the event date will result in a forfeit of the deposit. A new deposit will be required to secure a new date.
5.2. Rescheduling within 14 days is not permitted and will be treated as a cancellation for the purpose of applicable charging.
5.3. Cancellations within 14 days of the event date will incur a 50% cancellation fee of the Estimated Cost provided by us when the booking was made.
5.4. Cancellations within 7 days of the event date will incur a 100% cancellation fee of the Estimated Cost provided by us when the booking was made.
5.5. The cancellation fees and amounts referred to in this Clause 5, must be paid by you regardless of the reason that you cancel your booking, unless otherwise agreed in writing by Angelo’s.

Our cancellation fee is a conservative and genuine pre-estimate of our loss if you fail to keep your booking.

6.0. Payment
6.1. The outstanding cost of your event is to be settled on the day of your event via card payments or cash only. EFT payments are not accepted on the same day of your booking.
6.2. Please note all credit cards incur a 1.5% surcharge.
6.3. The following group surcharges apply to the final balance of all group bookings:
6.3.1. 10% group surcharge for bookings of 10 to 50 guests.
6.3.2. 5% group surcharge for bookings of 50+ guests.

7.0. Public Holiday Surcharge
7.1. An additional 10% per person surcharge is applicable for all days gazetted by the Government as a public holiday.

8.0. Set up & Styling
8.1. For non-exclusive use bookings, plinths/backdrops/cake tables/balloon setups must adhere to the following:
8.1.1. Maximum of 1.5m width x 1.8m height
8.1.2. Not obstruct the view for other diners
8.1.3. Preferably clear/see-through
8.2. All decorations and gifts must be removed at the conclusion of your event.
8.3. A cleaning fee of $300 applies should restaurant staff be required to dispose of any flowers, balloons, decorations etc.
8.4. Cake table availability subject to date & available floor space.
8.5. Cakes can be delivered to the venue on the day of your event unless specified by our Functions Team.
8.6. Angelo’s may dispose (as it deems fit) of any gifts, equipment or items that are left on or at its premises without being liable for consequential damages of any nature for any reason whatsoever.
8.7. Angelo’s Cabarita does not take responsibility for the loss or damage of any items brought into the venue.

9.0. Public Holiday Surcharge
9.1. An additional 10% per person surcharge is applicable for all days gazetted by the Government as a public holiday.

10.0. Variation of Price and Services
10.1. You acknowledge and understand that there may be variations to our menu based on the price and availability of ingredients and products, and that such variations do not comprise a breach of this agreement.

11.0. Music/Entertainment Policy
11.1. Music (including live music), DJ’s, and microphones are permitted for exclusive use bookings only.
11.2. Children’s entertainment is permitted for exclusive use bookings only.

12.0. Private Dining Room
12.1. Angelo’s Cabarita offers you the exclusive use of our stunning Private Dining Room that fits up to 14 people. The following is our current schedule of charges and conditions for bookings requiring the use of the PDR.
12.1.1. Saturday & Sunday, available with a minimum number of guests to be 8 adults, the minimum spend is $1,000.00.
12.1.2. Wednesday to Friday, the minimum number of guests to be 8 adults with approximately 2.5 hours allocated service time.

13.0. Patron Responsibilities
13.1. Please keep in mind that there may be several functions taking place on the same day as your event. Patrons of non-exclusive bookings must remain in their designated area of the venue and not interfere with other events.
13.2. Children must remain seated in the restaurant premises. Running around the venue is not permitted, however patrons are free to use the public park adjacent to the venue.
13.3. Please be considerate of other patrons and ensure that noise levels do not cause annoyance to others. Angelo’s Cabarita reserves the right to terminate your event if patrons are acting in an unruly or unreasonable manner or causing disruption to other patrons.

14.0. Damage to the Premises
14.1. You are financially liable for any damage to the restaurant property, fixtures, or fittings or to any parties that have been affected by damages, whether that damage was caused by you or your guests, employees or agents. In the event of damage to the restaurant room/paint/furniture, a quote for repair will be sent to be paid in full.
14.2. You must not nail, screw, glue, tape or attach to any doors, walls, ceilings, or surfaces on the restaurant premises without our written consent.

15.0. Parking
15.1. Car parking is available on the restaurant premises. All car parking is at the vehicle owner’s risk. We suggest that you do not keep valuables in your car.

16.0. Responsible Service of Alcohol & Smoking
16.1. Angelo’s Cabarita is committed to the responsible service of alcohol. Intoxicated guests will not be served. It is a requirement of the law that intoxicated persons are removed from the premises.
16.2. Minors must be supervised at all times. We do not tolerate underage drinking on the restaurant premises, and we reserve the right to terminate your event if we reasonably suspect such behaviour to be taking place.
16.3. You are responsible for ensuring that your guests behave in an orderly manner. We reserve the right to remove any persons who we deem to be conducting themselves in a disruptive manner.
16.4. Smoking is strictly prohibited on the restaurant premises and within its immediate vicinity. Smoking is banned by law from any commercial outdoor areas and within 4 metres of a seated dining area at a licensed venue.

17.0. Termination of Event
17.1. If at any time during your event, we form the view that your event is disrupting the operation of the restaurant or affecting our reputation or security, or if there is an emergency event, we are entitled to:
17.1.1. Exclude, remove or restrain any person/s from the restaurant premises whom we deem disruptive; and/or
17.1.2. Terminate your function, upon which you must immediately take all necessary steps to ensure that you and all of your guests vacate the restaurant premises forthwith.
17.2. If we exercise our right to terminate your event pursuant to clause 16, we shall not be liable for any consequential damages of any nature for any reason whatsoever and you indemnify us for any claim made against Angelo’s Cabarita.
17.3. The termination of this Agreement by Angelo’s shall not prejudice or affect any rights or remedies we have against you on any account of any antecedent breach by you of any of the terms and conditions of this Agreement.

18.0. Insurance & Public Liability
18.1. Angelo’s accepts no responsibility for damage or loss of merchandise, equipment or personal articles left in the restaurant prior to, during or after a function.

19.0. Security & Video Surveillance
19.1. Please be advised that the restaurant premises is under 24-our video surveillance.
19.2. We do not accept liability or responsibility for loss, damage or theft of any items left on the premises prior, during or after your function.

20.0. Whole Agreement
20.1. The terms of this Agreement may only be varied by further written documentation between the Company and the Client which is signed by both parties.

21.0. Release by Client
21.1. You hereby release Angelo’s, it’s agents, employees, and contractors from all claims for any loss, damage or injury to person or property or otherwise sustained by you or your guests, invitees, agents, employees or contractors, but provided that such release will not be applicable to any loss, damage or injury caused by or contributed to by any act or omission of Angelo’s, its agents, employees, and/or contractors.