These Terms and Conditions (‘Terms’) shall be incorporated into, and will form part of the contract, arrangement or understanding between us.

1. Booking

(a) Bookings may be made with us from our website, over the phone or via email.

(b) We will confirm your booking by email or in writing.

(c) Your booking is not confirmed until we accept it and send you confirmation in writing.

(d) Parties are strictly booked for 2 hour intervals.

(e) You must not arrive at the venue more than 15 minutes before your party is scheduled to commence.

(f) Upon completion of your party, you and your guests must depart our venue within 15 minutes.

(g) During your party, you will have exclusive access to the parents waiting room. Food and beverages may also be purchased from our Café.

(h) Any special requests must be made and confirmed by us no later than 5 days prior to your party.

(i) You must not bring any decorations into the venue for a theme party. We will supply all decorations for your theme party, appropriate to the party theme you select.

(j) You may change the theme of your party, which must be confirmed by us in writing, no less than 10 days prior to your party.

(k) We may invoice you for any damage to decorations.

(l) Bookings are subject to our Privacy Policy, which can be viewed here. All personal information which we collect from you will be held in accordance with our Privacy Policy.

2. Additional terms for Slumber Party Bookings

(a) You must allow us at least 1½ hours prior to your party to set-up the decorations and equipment.

(b) You must provide us with enough space to accommodate our decorations and equipment, including our tents (approx. 230cm x 95cm per tent)

(c) We will collect all decorations and equipment the following day at a time agreed.

3. Payment

(a) To secure your party booking, you must pay a 50% deposit (being an amount equivalent to 50% of the estimated cost of the party) at the time of booking.

(b) If you do not pay the deposit within that time, then we may cancel the booking.

(c) At least 10 days prior to your party, you must:

      (i) Confirm the final number of guests attending;

      (ii) Make payment of the balance fee, being the remainder of the costs of the party, following any adjustment based on final numbers and requirements.

(d) We reserve the right to cancel your booking if you fail to pay the balance payment on the due date. Your deposit may also be forfeited, to account for our costs, including to cover any 3rd party suppliers we may have engaged.

4. Cancellation & Rescheduling

(a) Where possible, we will attempt to reschedule your booking, if you can no longer proceed on the date you have booked.

(b) Cancellations (or requests to reschedule or for change of date) must be sought at least 10 days prior to your party.

(c) You may be able to reschedule your booking to another date without forfeiting your deposit in the event that we have not incurred non-refundable costs and provided that the date has not been booked by another party.

(d) Unless otherwise required by law, we will not provide a refund if you change your mind and decide not to proceed with your party.

5. Catering

(a) Unless otherwise agreed, we will cater food and drinks according to the package booked, except for cake, for your party.

(b) You may bring a cake or cupcakes to your party.

(c) If you require us to organise a cake, you must confirm your instructions with us at least 5 days prior to your party.

(d) In addition to the cost of the cake, we will charge a pick-up fee of $15, and this must be paid with the balance fee.

(e) If you require us to organise party bags, you must confirm with us at least 5 days prior to your party. The cost for us to prepare party bags is $7 per bag and this must be paid with the balance fee.

(f) You must inform us of any specific dietary requirements for all guests, such as food allergies, intolerances (etc), at least 10 days prior to your party.

(g) We will not be responsible for causing any allergic reactions from food provided and/or catered by us where we were not reasonably advised of such allergies.

6. COVID-19 Special Conditions

(a) To stop the spread of COVID-19, you or any guests must not attend your party or our premises if sick or feeling unwell.

(b) In the event of a State or Federal lockdown, you acknowledge that we may cancel or reschedule your party to comply with any restrictions set by Government.

(c) If cancelling, we will refund you any payment made to us.

(d) If rescheduling, we will provide you with a credit equal to the amount of any payment made to us, which you can use when booking your next party.

7. General

(a) You acknowledge that we have not made any warranty, guarantee or representation in relation to our services on which you have relied, apart from those which you have expressly received in writing.

(b) The descriptions, illustrations and statements in relation to the services contained in catalogues, price lists and other advertising matter do not form part of these Terms. Those descriptions are provided for illustration purposes only and it may be necessary for us to alter or amend those items, subject to availability.

(c) Unless otherwise provided, the price stated for the cost of the services is inclusive of Goods and Services Tax (GST).

(d) Nothing in these Terms excludes, modifies or restricts any condition, right warranty or remedy imposed by any statute or regulation which cannot be lawfully excluded, instructed or modified, including so set out within the Competition and Consumer Act 2010 and corresponding State Territory Legislation.

(e) The Australian Consumer Law (ACL) protects consumers by giving them certain rights relating to the purchase of goods and services.

(f) If You are a ‘consumer’ as the term is defined in the ACL:

     (i) The goods and services come with guarantees that cannot be excluded under the ACL;

     (ii) You are entitled to a replacement or refund for major failure and for compensation for other reasonably foreseeable loss or damage;

     (iii) You are entitled to have goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

(g) Save as otherwise provided in these Terms and to the maximum extent permitted by law, you agree to release us from all liability and indemnify us in respect of any claim, action or suit for loss or damage (including consequential loss or damage), save for acts of negligence or malfeasance by us or our servants or agents.

(h) We will not be liable for any prospective profits, or special indirect or consequential damages, or any general loss or damage, or for any expense resulting from any claim.

(i) To the extent permitted by law, our liability for a breach of these terms, including for a breach of a condition or warranty implied by Pt 3-2 Div 1 of the Australian Consumer Law, is limited to:

(j) In the case of goods, any one or more of the following:

(k) the replacement of the goods or the supply of equivalent goods;

(l) the repair of the goods;

(m) the payment of the cost of replacing the goods or of acquiring equivalent goods;

(n) the payment of the cost of having the goods repaired; or;

(o) In the case of services:

     (i) the supplying of the services again; or

     (ii) the payment of the cost of having the services supplied again at Popcorn & Pumpkin’s sole discretion.

(p) These Terms shall be construed according to the laws of the State of Queensland and the parties submit to the jurisdiction of the Courts of the State of Queensland.

(q) To the extent possible, any part of these terms which is invalid or unenforceable may be severed without affecting any other part.

(r) Should a guest become sick or be injured during an event, you must obtain or provide medical treatment. You will release us and all others acting on our behalf from any claims in relation to the provision of such medical treatment.

(s) If any activities you request are physically demanding then we may require you and all guests who wish to participate, to confirm that you do not suffer from any pre-existing condition, congenital defect or illness which may affect their ability to participate in such activities and/or may require them to sign a waiver.

(t) You agree to be bound by any other rules of conduct which we may have in relation to an event and will comply strictly with the direction of any of our staff.

(u) Those rules include (without limitation) listening carefully to and complying with all instruction including as to safety, not skylarking, being disruptive or distracting other guests, and at all times being courteous and not being abusive or offensive to others in any way. Any participant may be removed from the activity if they fail to comply with any reasonable direction and you may not be granted a refund.

(v) Where guests are under the age of 18 years, we may require you to obtain the consent of a parent or legal guardian prior to participating in any activity and you acknowledge that if consent is not obtained then the guests may not be able to participate. No refund will be payable for guests who are unable to participate in those circumstances.

(w) You acknowledge that by providing us with your contact details, you wish to receive promotional and/or educational material from us in any form, including electronically. You may unsubscribe from the receipt of such (electronic) material at any time by electing to do so.

(x) You confirm that you have read and understood these Terms.