Venue hire terms.

These Venue Hire Terms form part of the agreement between the Host and the Guest for a Booking, together with:

1. the Guest Booking Request (once accepted by the Host by completing the Venue Booking Acceptance at the end of the Guest Booking Request, including by electronic acceptance through the ærspace platform) for that Booking, which sets out the specific terms of the Booking; and
2. any special conditions agreed between the Host and Guest for that Booking.

The Host's listing for the Space provides general information to help the Guest choose a Space, but the Guest Booking Request is the operative record of the specific terms that apply to a Booking. If there is any inconsistency between the Host's listing and the Guest Booking Request for a Booking, the Guest Booking Request prevails.

The ærspace Platform Terms of Use (published at aerspace.com/platform-terms) also apply to the Host's and Guest's use of the Platform. If there is a conflict between these Venue Hire Terms and the Platform Terms in relation to the hire of a Space, these Venue Hire Terms prevail, except that the Platform Terms will always govern the Host's and Guest's use of the Platform.

ærspace is not a party to these Venue Hire Terms and is not responsible for their performance by either the Host or the Guest.

Although ærspace is not a party to these Venue Hire Terms, the Host and Guest acknowledge and agree that:

1. any provision of these Venue Hire Terms that limits or excludes ærspace's liability, confirms that ærspace is not responsible for a matter, or otherwise confers a benefit on ærspace, is intended to confer that benefit on ærspace for the purposes of subpart 1 of Part 2 of the Contract and Commercial Law Act 2017;
2. ærspace may, in its own right, enforce and rely on those provisions as if it were a party to these Venue Hire Terms; and
3. those provisions must not be varied, waived or discharged in a way that removes or diminishes ærspace's rights under them without ærspace's prior written consent.

The Space, its facilities, and the area(s) available for the Booking are as set out in the Guest Booking Request.

The Guest acknowledges that it has had the opportunity to inspect the Space or make appropriate enquiries before booking. The Guest accepts responsibility for using the Space appropriately and leaving it in the agreed condition.

The Guest must pay the hire fee, bond, cleaning fee and any other charges specified in the Guest Booking Request. All fees and charges are stated inclusive of GST — GST is included in the booking fee, not added on top. Unless expressly stated otherwise in the Guest Booking request or by ærspace, all Booking payments (including any Bond) are collected by ærspace on the Host's behalf in a single payment.

To secure a booking, the Guest must complete the full payment of the Booking Total (including any Bond) through the ærspace portal within the following timeframes from the moment the Host accepts the Booking Request:

1. Standard Bookings (where the Booking starts more than 24 hours after acceptance): Payment must be completed within 48 hours.
2. Last-Minute Bookings (where the Booking starts 24 hours or less after acceptance): Payment must be completed within 2 hours.

If payment is not received within these specified windows, the Booking Request will automatically expire, the dates will be released, and the contract for hire will not be formed.

The Host may charge the Guest reasonable costs arising from overdue payments, including collection costs.

Where specified in the Guest Booking Request, the Guest must pay a bond in the amount specified (the Bond) before the Guest is given access to the Space. The Bond is collected by ærspace from the Guest on behalf of the Host, and is held by ærspace as security for the Guest's obligations under these Venue Hire Terms. The Bond is a security deposit only. It will be held by ærspace and refunded to the Guest in accordance with clause 10, less any amounts properly deducted under these Venue Hire Terms. The Bond does not constitute trust money, and ærspace may co-mingle it with its own funds pending refund. The Bond is never treated as income or as a cancellation fee. No separate deposit is payable — the full booking total (which includes GST) is paid upfront to confirm the booking. Provided there is no claim against it, the Bond is refunded in full to the Guest within 2 business days after the end of the Booking.

The Bond may be applied towards:

1. damage to the Space, furniture, equipment or facilities;
2. loss of keys, access cards or other property;
3. additional cleaning costs;
4. additional time spent using the Space beyond the agreed hire period;
5. unpaid fees or charges;
6. costs arising from breach of these Venue Hire Terms; or
7. any other reasonable costs incurred by the Host as a result of the Guest's use of the Space.

The payment of a Bond does not limit the Guest's responsibility for any loss, damage or cost exceeding the amount of the Bond. If the Bond is applied and the costs exceed the Bond amount, the Guest remains responsible for the balance, and the Host may pursue recovery of that balance through the Disputes Tribunal of New Zealand or the courts. A deduction from the Bond can never exceed the amount of the Bond held; any amount beyond the Bond is a matter between the Host and the Guest directly.

The Host may inspect the Space after the Booking. If the Host intends to claim any part of the Bond, the Host must, within 24 hours of the end of the Booking, notify ærspace and the Guest in writing — including by lodging the claim through the Host portal on the Platform — and provide photographic evidence and an itemised description of the loss, damage or other amount claimed; a claim made without photographic evidence and an itemised cost will not be actioned. The Guest must respond to the claim within 48 hours of being notified. Where the Guest agrees with the claim, the agreed amount is deducted from the Bond. Where the Guest disputes the claim, ærspace will review the evidence provided by both the Host and the Guest and make a fair and final determination of the amount (if any) to be deducted. Where the Guest does not respond within 48 hours, the claim may proceed on the Host's evidence if that evidence is reasonable. The Guest is never required to admit fault.

Subject to any valid outstanding and unsatisfied claim existing as provided under these Venue Hire Terms, ærspace must return the Bond (or the balance remaining after any deduction as provided under these Venue Hire Terms) to the Guest within the number of business days specified in the Guest Booking Request, or if none is specified, within 2 business days after the end of the Booking (or, where a claim is made, within 2 business days after the claims process in clause 13 concludes).

If the Host does not notify a claim within the 24-hour period in clause 13, the Bond will be refunded in full without any further confirmation from the Host being required.

The Guest is not entitled to interest on the Bond.

The Host and Guest each acknowledge and agree that:

1. the Bond is paid to and held by ærspace;
2. the Host (not ærspace) inspects the Space and decides whether any deduction is claimed under these Venue Hire Terms;
3. ærspace processes deductions and refunds of the Bond based on the outcome of the claims process in clause 13; and
4. where a claimed deduction is disputed, ærspace will determine the amount (if any) to be deducted, acting fairly and reasonably on the evidence provided by both parties, and the balance of the Bond will be refunded to the Guest within 2 business days of the claim being resolved.

Unless the Guest Booking Request states a different policy, the following applies where the Guest cancels a Booking:

1. cancellation more than 14 days before the Booking: full refund of the hire fee paid by the Guest and no obligation to make any further payments in respect of the Booking;
2. cancellation between 7 and 14 days before the Booking: refund of 50% of the hire fee paid by the Guest and no obligation to make any further payments in excess of 50% of the hire fee in respect of the Booking;
3. cancellation less than 7 days before the Booking: no refund of the hire fee paid by the Guest; and
4. cancellation less than 48 hours before the Booking, or a no-show: no refund of the hire fee or any cleaning fee.

In every case, the Bond (and, except under paragraph (d), any cleaning fee) will be refunded in full provided no damage or other valid claim for breach by the Guest of these Venue Hire Terms has arisen. The Bond is refundable in full on any cancellation, whenever it occurs and whoever cancels, and is never retained as a cancellation fee. The policy that applies in the case of cancellation of a Booking by a Guest will be recorded in the Guest Booking Request.

Without limiting clause 38, the Host may cancel the Booking where reasonably necessary, including where:

1. the Space becomes unavailable;
2. the Host has a safety concern;
3. the Guest breaches these Venue Hire Terms; or
4. required licences or approvals for the Booking or the Space are unavailable.

Where the Host cancels a confirmed Booking, the Guest is entitled to a full refund of all amounts paid, including any platform fee. ærspace may (but is not obliged to) assist the Guest to find and book an alternative Space. The Host will notify the Guest as soon as reasonably practicable where it is cancelling the Booking under this clause 18. Where the Host cancels a confirmed Booking within 72 hours of the Booking start time (other than because of a Force Majeure Event or a breach by the Guest), the Host may be liable to ærspace for a cancellation fee (if any) as may be set out in the applicable Introducer Agreement.

Neither the Host nor the Guest is liable for cancellation caused by an event beyond their reasonable control, including natural disaster, pandemic, government restriction, fire, flood, structural failure, or loss of a required licence (a Force Majeure Event). Where a Booking is cancelled because of a Force Majeure Event, the Guest is entitled to a full refund and no cancellation fee applies to the Host.

The Guest must use the Space only for the purpose and within the hours disclosed in the Guest Booking Request. Any change of use or extension of hours must be approved by the Host in writing before the Booking.

The Guest must, with regard to the applicable Space and Booking:

1. use the Space responsibly;
2. comply with reasonable instructions provided by the Host;
3. comply with venue rules for the Space as identified to it;
4. comply with applicable laws;
5. ensure attendees, contractors and suppliers behave appropriately and comply with these Venue Hire Terms;
6. take reasonable care of the Space;
7. not exceed agreed capacity limits at the Space;
8. leave the Space clean and tidy at the end of the Booking; and
9. ensure the Guest's attendees at the Space comply with these obligations.

The Guest must vacate the Space by the agreed end time for the Booking as set out in the Guest Booking Request and return any access keys or codes as directed by the Host. Where the Guest fails to vacate on time, the Host may charge an overstay fee of 1.5 times the hourly hire rate (calculated by reference to the hire fee in the Guest Booking Request or a pro rata rate, as applicable) for each 30-minute period, or part of a 30-minute period, beyond the agreed end time for the Booking.

The Guest must not:

1. remove food, beverages, equipment or property from the Space without the Host's prior written consent (or except where the Guest supplied it);
2. permit more attendees than the agreed maximum capacity at the Space;
3. use open flames, pyrotechnics or hazardous substances without the Host's prior written approval;
4. make any alterations to the Space or install temporary structures without the Host's prior written consent; or
5. cause excessive noise in breach of local noise control bylaws or council regulations.

A Guest that charges other people to attend, or otherwise operates a business activity during the Booking (including a chef, event planner, or instructor), must hold its own public liability insurance covering the Booking, and must provide evidence of that insurance to the Host or ærspace on request.

The Guest is responsible for any damage caused by:

1. the Guest;
2. attendees;
3. contractors; or
4. suppliers engaged by the Guest.

The Guest must leave the Space in the condition specified in the Guest Booking Request, including payment of any cleaning fee specified there. Where the Host provides kitchen access, the Host must communicate in writing any allergen or food safety protocols specific to the Space before the Booking and the Guest must follow these.

Food arrangements for the Booking are as specified in the Guest Booking Request. Kitchen access is only available where the Host has enabled it in the Guest Booking Request and holds a current registration under the Food Act 2014. Where the Guest is permitted to use the Space's kitchen, the Guest is a temporary food handler operating under the Host's food registration, and must:

1. handle food in accordance with good food safety practice;
2. store the Guest's ingredients separately from the Host's stock, in a clearly labelled manner;
3. not use the Host's ingredients, condiments or stock without the Host's prior written agreement; and
4. not prepare food for public sale in a manner inconsistent with the Host's food registration or applicable law.

The Guest indemnifies the Host against any claim, fine or loss arising from food prepared or served by the Guest.

The sale and supply of alcohol in New Zealand is strictly regulated under the Sale and Supply of Alcohol Act 2012. The Guest must comply with this clause regardless of the type of Space hired. The alcohol arrangements applicable to a Booking are as specified in the Guest Booking Request, and one of the following will apply:

1. Host holds an on-licence: the Guest may consume alcohol on the Space subject to the conditions of that licence. The Guest must not sell or supply alcohol unless the Guest holds a current licence in its own right;
2. no licence held, BYO permitted: the Guest and attendees may bring and consume their own alcohol. No alcohol may be sold, supplied, or exchanged for any consideration whatsoever on the Space, including through a ticketed event where alcohol is bundled into the ticket price;
3. no alcohol permitted: the Guest must ensure no alcohol is brought onto or consumed on the Space;
4. club licence (sports or social clubs): alcohol may only be supplied to members of the club in accordance with the conditions of the club licence, and must not be supplied to non-members unless expressly permitted under that licence.

A Guest found to have sold alcohol without an appropriate licence will forfeit the Bond in full and is liable for any fines, penalties, legal costs, or licence consequences arising from the breach. The Host may report the matter to the New Zealand Police or the Alcohol Regulatory and Licensing Authority. A Guest wishing to sell alcohol at the Booking must provide the Host with evidence of a current Special Licence or other applicable licence at least 5 business days before the Booking.

The Host and Guest acknowledge that each may be a Person Conducting a Business or Undertaking (PCBU) with overlapping duties under the Health and Safety at Work Act 2015, and must take all reasonably practicable steps to ensure the health and safety of all persons at the Space during the Booking.

The Guest must in respect of a Booking and the applicable Space:

1. comply with all applicable laws;
2. follow safety instructions issued by the Host;
3. comply with emergency procedures identified by the Host;
4. not engage in unsafe activities;
5. obtain any approvals or licences required for its activities under the Booking; and
6. comply with any lease conditions, body corporate rules, council consents or other third-party permissions identified to it by the Host.

The Guest must familiarise itself and all attendees with the fire evacuation plan and emergency exits provided by the Host before the Booking commences.

Any incident, accident, near-miss or fire during a Booking must be reported to the Host as soon as practicable and within 24 hours. Where a serious injury, serious illness or death occurs, the Host and Guest must comply with their respective notification obligations under the Health and Safety at Work Act 2015.

The Guest must not:

1. exceed the agreed capacity at the Space;
2. allow access to any persons at the Space outside agreed times;
3. interfere with other users of the property that the Space forms part of; or
4. create unreasonable noise or disturbance at, or in the vicinity of, the Space.

The Host must maintain current public liability insurance of at least NZD $1,000,000 for the Booking (Minimum Cover), unless a higher amount is specified in the Host's listing or the Guest Booking Request for the Space or the Booking, in which case that higher amount applies. The Host is strongly encouraged to hold material damage insurance covering the Space and its contents, and to confirm that any such policy covers damage caused by a Guest.

ærspace or the Host may require a higher level of public liability insurance for a particular Space or Booking, having regard to matters such as the nature of the Space, the type of event, expected attendee numbers, or the presence of alcohol or higher-risk activities. Any increased requirement will be recorded in the Host's listing or the Guest Booking Request.

Where specified in the Guest Booking Request, the Guest must provide evidence of public liability insurance to the Host and ærspace. A Commercial Guest (see clause 24) must hold public liability insurance of at least the Minimum Cover applicable to the Booking.

ærspace does not provide insurance to the Host or Guest and is not liable for any loss, damage or injury arising from a Booking.

If fire, flood, structural damage or another event renders the Space unfit for use:

1. the Host must notify ærspace and any confirmed Guests immediately;
2. affected Bookings for that Space will be suspended and Guests will receive a full refund;
3. the Host is not liable to the Guest for consequential loss arising from the cancellation; and
4. ærspace will use reasonable endeavours to assist in finding an alternative Space where possible, but is under no obligation to do so.

The Guest is responsible to the Host for loss, damage or injury arising from:

1. the Guest's use of the Space;
2. activities conducted by the Guest at the Space or with regard to a Booking;
3. acts of omissions or any unlawful activity conducted by attendees, contractors or suppliers of the Guest at the Space or with regard to a Booking; or
4. breach of these Venue Hire Terms.

The Guest indemnifies the Host against claims, losses and costs arising from breach of clause 39.

The Host agrees that it will:

1. make the Space available to the Guest at the agreed time;
2. provide the agreed facilities at the Space;
3. maintain any licences or approvals required for its own responsibilities as regards the Space and the Booking; and
4. comply with applicable laws relating to its operation of the Space,

in each case, as set out in the Guest Booking Request or as required by applicable laws.

The Host warrants that it has full legal authority to grant the Guest access to and use of the Space during the Booking, including compliance with any lease conditions, body corporate rules, council consents or other third-party permissions applicable to the Space.

The Host must ensure that the type of Space, maximum capacity, available hours, kitchen access, liquor licence status, restrictions and known hazards are accurately disclosed and kept up to date.

Where the Host enables kitchen access, the Host is the registered food business operator under the Food Act 2014 and holds the relevant Food Control Plan or National Programme, and remains solely responsible for maintaining that registration and ensuring that third-party kitchen use is permitted under its terms.

Before each Booking, the Host must provide the Guest with a site induction covering emergency exits, fire evacuation procedures and any known hazards, must maintain the Space in a safe condition, must ensure equipment and facilities made available to the Guest are in safe working order, and must clearly communicate known hazards.

The Host is responsible for arranging secure key handover or access arrangements, must provide access credentials only to the confirmed Guest, must report any security breach or unauthorised access to ærspace within 24 hours, and must ensure the Space can be securely locked by the Guest at the end of the Booking.

The Host must ensure the Space is clean and ready for the Guest's arrival.

Before each Booking, the Host must provide the Guest with a current fire evacuation plan for the Space, consistent with the Host's obligations under the Fire and Emergency New Zealand Act 2017.

If a fire occurs:

1. call 111 immediately;
2. evacuate all persons using the designated exits;
3. do not re-enter the Space; and
4. notify the Host and ærspace as soon as it is safe to do so.

The Guest must not tamper with, obstruct or disable any fire safety equipment, including smoke detectors, sprinklers or extinguishers. A Guest found to have done so may be liable for the Host's resulting losses and may face liability under applicable law.

The following are strictly prohibited and may result in forfeiture of the Bond and removal from the Platform:

1. selling alcohol without a current and appropriate liquor licence;
2. operating an unlicensed food business, or selling food outside the scope of the Host's food registration;
3. exceeding the Space's stated maximum capacity;
4. conducting any illegal activity at the Space;
5. sub-letting or transferring the Booking to a third party without the Host's prior written consent;
6. removing property belonging to the Host without consent; or
7. using the Space in a manner that violates the Host's lease, body corporate rules, or any third-party consent or licence applicable to the Space.

The Guest may not transfer the Booking to another person without the Host's consent.

The Host and Guest will first attempt to resolve any dispute in good faith. Where a dispute cannot be resolved directly, either party may refer the matter to the Disputes Tribunal of New Zealand for claims not exceeding NZD $60,000, or may otherwise pursue its legal rights.

These Venue Hire Terms, the Guest Booking Request, and any special conditions specified for the Space constitute the entire agreement between the Host and Guest relating to the hire of the Space.

ærspace may update these Venue Hire Terms from time to time. The version in force at the time a Booking is confirmed applies to that Booking.

These Venue Hire Terms are governed by New Zealand law.