Terms and Conditions
McMillan Events
Parties and scope
1.1 These Terms & Conditions apply to all event planning, management, coordination, supply of services and goods provided by McMillan Events to the Client named in the applicable proposal, quote or confirmation.
1.2 These Terms, any written quote, proposal, invoice or booking confirmation, and any agreed variations, form the entire agreement between the parties. Conflicting or additional Client terms are excluded unless agreed in writing.
Booking, acceptance and formation of contract
2.1 A booking is confirmed when the Client accepts a quote or proposal and the McMillan Events receives the required deposit (clause 3).
2.2 McMillan Events may decline any booking at its discretion and will return any payment if it declines.
Fees, deposits and payment
3.1 Deposit: A non-refundable deposit of 50% of the total agreed fee is required to secure the booking unless otherwise agreed in writing.
3.2 Final payment: The remaining balance is due and payable no later than 7 days prior to the event date.
3.3 Late payment: If final payment is not received by the due date, McMillan Events may treat the booking as cancelled by the Client (clause 7), suspend Services, or charge interest on overdue amounts.
3.4 Any third‑party supplier costs or venue costs invoiced to the McMillan Events and paid by the Client (on the Client’s behalf) are payable according to the supplier/venue terms and may be payable earlier than McMillan Events final invoice.
Quotes, variations and additional charges
4.1 Quotes are valid for the period stated on the quote or otherwise for 30 days.
4.2 Variations requested by the Client after booking (including scope, guest numbers, timing or services) may incur additional charges. McMillan Events will seek the Client’s approval before incurring additional costs.
4.3 Overtime and additional hours: If the event extends beyond agreed times the Client will pay overtime charges of $100 / hour. Overtime rates apply from the agreed event end time until actual completion.
4.4 Travel, accommodation, parking, equipment hire and other expenses incurred for the event may be charged in addition to the quoted fee.
Cancellation and postponement
5.1 Client cancellation:
· More than 60 days prior to the event: loss of deposit only (50%).
· 31–60 days prior: 50% of total fee payable.
· 10–30 days prior: 75% of total fee payable.
· 0–9 days prior: 100% of total fee payable. (Provider may adjust these percentages in a specific written agreement.)
5.2 Postponement: If the Client postpones the event, McMillan Events will use reasonable endeavours to accommodate a new date. Additional costs, increased supplier fees or further deposits may apply.
5.3 McMillan Events cancellation: McMillan Events may cancel for reasons beyond its control or where continued performance would breach law, safety or third‑party obligations. If McMillan Events cancels (other than for Client breach), McMillan Events will refund amounts paid for Services not yet performed, less any costs reasonably incurred. McMillan Events liability is limited to refund of payments received.
Supplier engagement and third parties
6.1 McMillan Events may engage subcontractors and suppliers to perform parts of the Services. McMillan Events remains responsible for coordinating performance unless otherwise stated.
6.2 If the Client requests specific third‑party suppliers, the Client accepts any additional supplier terms and liabilities.
Client obligations and venue access
7.1 The Client must provide accurate information, comply with the venue rules, obtain any necessary permits, and ensure timely access for set‑up and pack‑down.
7.2 The Client is responsible for guest behaviour and for any damage caused by guests, suppliers or invitees, subject to venue liabilities.
Equipment and property
8.1 Equipment provided by McMillan Events remains McMillan Events property. The Client must ensure equipment is used responsibly and returned in the same condition. The Client is liable for loss or damage (excluding fair wear and tear).
8.2 If McMillan Events stores Client property, storage is at Client’s risk unless otherwise agreed.
Insurance and liability
9.1 The Client is encouraged to maintain adequate event insurance (public liability, cancellation, damage) where applicable.
9.2 Liability cap: Except for liability that cannot be excluded by law, McMillan Events total liability for any claim arising out of or in connection with the Services is limited to the amount paid by the Client under the contract.
9.3 Consumer Guarantees and Fair Trading: Where the Client is a consumer as defined by the Consumer Guarantees Act 1993 (CGA), the CGA and the Fair Trading Act 1986 apply to the extent they cannot be excluded, and McMillan Events obligations and liabilities shall be interpreted accordingly.
Health & safety and compliance
10.1 The Client and McMillan Events will comply with all applicable health and safety laws, venue rules and guidance.
10.2 If an event must be cancelled, restricted or postponed due to public health orders, epidemics, pandemics or government restrictions, McMillan Events will use reasonable efforts to reschedule or minimise losses. Any rescheduling or refunds will take into account non‑refundable supplier costs. Force majeure (clause 11) applies.
Force majeure
11.1 Neither party is liable for failure to perform obligations caused by events beyond reasonable control (including but not limited to natural disaster, pandemic, strikes, war, government action, acts of God). The affected party must notify the other promptly and use reasonable efforts to mitigate the event’s effects.
11.2 If force majeure continues for more than 60 days either party may terminate the contract; McMillan Events will refund prepayments for Services not performed less reasonable costs incurred.
Intellectual property
12.1 All intellectual property in proposals, plans, designs, images, documents and materials produced by McMillan Events remains McMillan Events property unless otherwise agreed in writing.
12.2 The Client is granted a non‑exclusive licence to use materials created for the event for non‑commercial personal purposes only, unless a separate licence is agreed.
Confidentiality and publicity
13.1 Parties must keep confidential commercially sensitive information disclosed in connection with the Services, except where disclosure is required by law. 1
3.2 McMillan Events may use images and descriptions of the event for marketing unless the Client requests in writing that certain images or details not be used.
Privacy
14.1 McMillan Events will handle personal information in accordance with the Privacy Act 2020.
Dispute resolution
15.1 Parties must first seek to resolve disputes by good‑faith negotiation. If unresolved within 30 days, the dispute may be referred to mediation. If mediation fails, either party may commence court proceedings.
15.2 These Terms are governed by the laws of New Zealand. Parties submit to the non‑exclusive jurisdiction of New Zealand courts.
Termination for breach
16.1 If either party materially breaches these Terms and fails to remedy the breach within 14 days of written notice, the non‑breaching party may terminate the agreement and seek damages.
Fees review and changes to Terms
17.1 McMillan Events may update its fees and these Terms. Changes will not apply to confirmed bookings without the Client’s agreement.