TERMS AND CONDITIONS OF BOOKING/PURCHASE – ENVY ENTERTAINMENT
Any purchase or booking made through Us (“booking”) is subject to the following terms and conditions. In making any booking, You (the purchaser or booker) agree to be bound by the following terms and conditions.
Agency
We act as an agent and/or a sub-agent for a number of service providers and act as an agent for service provider/s in making a booking for You. All bookings are subject to these terms and conditions as well as all of the terms and conditions imposed by the service providers. Copies of these terms and conditions are available on request. Any legal rights You have are against the specific service provider and not Us, unless we are unable to exclude such liability. If for any reason (except where We have not made the booking for You with the provider) any service provider is unable to provide the services You have booked or purchased, Your rights are against that provider, not Us.
What we do
Our obligation to You is to:
1- make the relevant booking with a service provider; and
2- provide You with the ticket or confirmation receipt that We are given by, or issue for, the service provider.
We may, but are not obliged to, text You the day before your booking and an hour before the anticipated start time of Your booking to remind you of your booking.
We do not provide any warranties about, or assume responsibility for, the services, goods or products that are supplied by a service providers including whether the services, goods or products will be fit for any particular purpose.
We will provide information to You in good faith and will not knowingly provide You with incorrect information, although information provided to You may be based on the information provided to Us by others, including service providers. In particular, where details in any brochures are provided by others and not Us, We do not warrant their accuracy.
Rules
Service providers are expected to serve drinks, entertain (within the context of the services being provided), and do waiting services. If a service provider/s are not carrying out the services in a professional manner or at all (for example, by being disrespectful or regularly being on their phone), We recommend you contact Us. We will discuss the issue with the service provider. If the service provider has, after discussion of the issue, still failed to take reasonable action to fix the issue, you may request the service provider to give You a full refund of the fees owing to that service provider and leave Your premises.
It is expected that the area/s where the services providers are going to perform the services are clean and tidy as well as large enough to perform (where the service providers are also performing). Performances are to be carried out indoors. Performances will only be carried out outdoors in circumstances where the outdoor area is covered (such as a patio with a roof or with other forms of cover) and where notice of the same is given to Us at the same time as making a booking. Performances will under no circumstances be undertaken on uneven, soft or slippery surfaces and a service provider has the discretion to not provide the services if the floor surface is either uneven, soft, slippery or dangerous.
Service providers are to be treated with respect at all times. Furthermore, service providers are not to be touched anywhere on their bodies unless they have consented to the same. Service providers may leave if they are touched without their consent (in which case no moneys will be refunded).
Service providers do not provide sexual services of any kind. Service providers may leave (and Your moneys will be forfeited) if they are asked to provide sexual services or any services which are not the services agreed to be provided as advised by Us to You when You made the booking. Service providers may also leave (and Your moneys will be forfeited) if You have any escorts or prostitutes at your premises at the same time as when the services are being provided by the service providers.
No minors are allowed to be present at the premises whilst the service providers are providing the services. The service providers may request to check identification if in their opinion (acting reasonably) anyone at the premises where the services are being provided appears to be a minor.
If a service provider is not at the booking at the scheduled start time, they will add to the end time of the booking, the amount of time by which they were late so that You still receive the services for the same period of time as that arranged in your booking.
Where You want the service providers to remain after the end time of the booking, You must contact Us. We will determine whether your booking may be extended with the service providers or whether (in circumstances where the service provider is unable to extend the original booking) an alternative service provider/s can be arranged for You.
Where the service provider arrives at the booking at the requested start time and you do not (for any reason whatsoever, such as not being at the premises at the time) allow them to begin providing the services, the service providers will not make up that lost time by staying back after the agreed end time of the booking.
Where a service provider is running late to a booking, we will strive our best to keep you informed.
We require You to give the service providers an exclusive, private space for them to store their belongings and other items and equipment related to the provision of the services. The space provided to the service providers is to remain locked or out of access to anyone at the premises. The belongings, items or equipment of the service providers is to remain untouched.
Money
Any money given by You to Us will be in consideration of Us providing to you our agency services (“deposit”). Deposits are required to confirm a booking and other than where specified in these terms and conditions, deposits are non-refundable.
Deposits are non-refundable other than in circumstances where:
- the service providers cannot provide the services and none of the alternative service providers offered to You are suitable to provide the services and the unsuitability of the alternative service providers is advised to Us immediately following the booking; or
- where a service provider advises within 3 or less hours of the scheduled start time of the booking that they cannot attend the services and We cannot find a replacement service provider.
The service providers will also require the payment of a fee (as agreed between you and us prior to the provision of the services). We recommend you have the money ready prior to your booking so as to maximise your time with the service providers. Service providers may refuse to provide the services if payment of the moneys due and owing to them is not given on arrival prior to them carrying out the services.
It is Your responsibility to ensure that the location where the services are being provided is suitable for the provision of the services. Where the services are not allowed to be performed at a particular premises (such as a hotel with restrictions on the provision of the services), You will not receive a refund for neither the deposit nor the moneys paid (or due and owed to be paid) to the service providers.
In circumstances where a pandemic such as COVID-19 causes the services to be cancelled (because of, for example, a lockdown), the deposit paid will be held as a credit towards the provision of the services in the future.
Where You cancel the services after making a booking (regardless of the reason for cancellation), a $100.00 cancellation fee will apply
Where you provide incorrect information relevant to the booking (such as a wrong address), the service providers will allow at least 15 minutes after the scheduled start time of the booking for You to contact Us to rectify the issue (by, for example, providing the correct address). If 15 or more minutes have passed from the time when the booking was scheduled to have started and You have not successfully made contact with Us, Your deposit will not be returned and $100.00 will become immediately due and owing to each of the service providers on account of their time attending the premises and losing the opportunity to provide the services elsewhere.
Media
No photos, videos or any media of any kind is to be taken, recorded or in any way made of the service providers. Where the service providers provide their consent to take photos, videos or any other media, service providers will generally not show their face. In any event, it is at the absolute discretion of the service providers whether they consent to the taking of any photos, videos or any other media of any kind. We may, at our absolute discretion, charge $1,000.00 in pre-estimated liquidated damages (which represent a genuine pre-estimate of Our anticipated loss) if You or anyone attending the booking takes photos, videos or otherwise cause damage to the service providers or their property. This does not waive Our right to also claim unliquidated and other damages.
Liability/Disclaimer
Although We advertise certain products and services, We assume no responsibility for and shall not be liable for any refund, personal injury (including death), property damage, or other loss, accident, delay, inconvenience, or irregularity which may be caused by any defaults, wrongful or negligent acts, or omissions of a service provider or any defect in or failure of any equipment or other items supplied, operated, or otherwise used or provided by a service provider in providing the services; or any wrongful or negligent acts or omissions on the part of any other party not under Our control.
You assume full responsibility for checking and verifying all health, safety, security and other requirements associated with the services subject to the booking, and must (where applicable) take out Your own insurance arrangements. We will not do that for You. These terms and conditions are not intended to limit any rights You may have against Us under the Competition and Consumer Act 2010 (Cth). Where We cannot exclude liability, liability is limited only to the remedies that are required to be provided under the law.
Release
You agree that there will be risks inherent in any activities or services the subject of a booking, such as risks of negligence by service providers and others working at or undertaking the activity.
In consideration of Us making the booking for an activity, You hereby expressly assume all risks, and to the extent permitted by law, the risk of negligent acts or omissions of Us in providing any advice in respect of such activity, and you hereby expressly agree to forever release, discharge and hold Us harmless against any and all liability, actions, causes of action, debts, suits, claims, and demands of any and every kind and nature whatsoever which You now have or which may hereafter arise out of or in connection with such activity or the provision of services by the service providers. The terms of this agreement shall serve as an express assumption of risk for yourself, persons You book for, Your heirs, assignees, administrators, executors.
Other
If any provision of these terms and conditions are void, voidable, unenforceable, or illegal in its terms, but would not be void, voidable, unenforceable or illegal if it were read down and, it is capable of being read down, that provision will be read down accordingly, otherwise that provision shall be severed to the extent of the illegality of invalidity and the balance of these terms and conditions shall remain fully enforceable.
References to “Us”, “We” and/or “Our” in these terms and conditions means Honey’s Entertainment Adelaide Pty Ltd ACN 657 896 958, and our agents, employees, directors and others that act for us.
References to services in these terms and conditions means adult and other event entertainment or services offered by Us to You.