I / we agree on the signing hereof to the following terms and conditions in respect of the function / occasion or transaction (hereinafter referred to as the “event” to be entered into and held at The Rosendal as indicated on the annexures hereto

(if any) which have been initialled by me / us for identification purposes:

1. The annexures to this agreement form part of this agreement and set out the date of the event, number of attendees, details of the services to be rendered, facilities to be used, menu, furniture, linen, crockery etc. as well as details of the services to be rendered and the payment schedule.

2. No representations or guarantee in respect of these have been made to us, other than those contained in this agreement and the annexures hereto and I/ we have entered into this agreement out of my / our own free will, without any undue influence or duress applied on me/us.

3. All the facilities in the venue as well as on the property where it stands, are used at the risk of all parties attending the function and The Rosendal, its employees or any person employed at any function will not be held liable for any loss or injury to any person, due to negligence, other than gross negligence, or any other cause whatsoever.

4. Whilst every precaution will be taken by The Rosendal to ensure the safeguarding of all belongings, The Rosendal will not be liable for loss or damage to any property whatsoever, including décor, props, wedding gifts and valuables. It is advised that all personal and valuable property be removed directly after the function. The Rosendal will not be held liable for any loss or damage to items outsourced by the Client.

5. Pets, including dogs, are not allowed on the premises due to safety concerns for both the animals and guests.

The property is not fenced properly. There are also other animals on the estate, such as cows, that could pose a danger

to pets. We apologize for any inconvenience this may cause and appreciate your understanding.

6. BREAKAGE DEPOSIT:

6.1 A breakage deposit is required from the Client when booking The Rosendal. This breakage deposit will be added to your venue hire cost and is refundable, should there be no breakages or damages.

6.2 The breakage deposit is in place to protect The Rosendal from damages such as, similar to, but not limited to damages to movable and immovable property, any buildings, gardens, décor, furniture, linen, crockery, missing or damaged items in the guest rooms.

6.3 The parties hereto and / or their guests / invitees or any person employed by them will be held responsible for any damages/breakages and billed accordingly.

7. All décor, props and personal items of the parties hereto, their guests or persons employed by them, not removed within the stipulated time after the event will be discarded by The Rosendal.

8. All documents / notices to be served in terms of this agreement on behalf of The Rosendal, will be done by hand or via overnight post to the address provided in the annexure to this agreement. All documents / notices to be served in terms of this agreement on behalf of The Rosendal, will be done by hand to Rosemary Hill Farm. Should any party to this agreement wish to change this domicilium citandi et executandi address, it must be done in writing.

9. Full payment of the event is due no less than 14 days prior to the event taking place. Payment due dates must be strictly adhered to to avoid interest charges and/or the cancellation of the booking. The Rosendal reserves the right to cancel any bookings without notice and/or liability to the Client, if the Client does not adhere to the payment dates.

10. WEDDING CANCELLATIONS:

10.1 All notices in respect of changes or cancellations for any event must be done in writing.

10.2 The booking fee (venue hire required to secure your date) is non-refundable. If however the venue is re-booked for a similar function, The Rosendal will refund the deposit and any other payments made up to date, after taking into consideration any loss or damage incurred as a result of the cancellation.

10.3 All events cancelled with a minimum of 3 months prior to the date of the event will be subject to a 50% (fifty percent) cancellation fee of the total of the wedding invoice. If however the venue is re-booked for a similar function, The Rosendal will refund the deposit after taking into consideration any loss or damage incurred as a result of the cancellation.

10.4 Events cancelled within 14 days or less from the date of the event, will be subject to a 100% (one hundred percent) cancellation fee of the total wedding invoice.

10.5 The cancellation fees to be retained by The Rosendal as set out is a genuine estimate of damage incurred should the venue not be re-booked.

10.6 The Rosendal reserves the right to cancel this agreement at any time during the planning of this event if a disagreement arises between the parties which cannot be solved through mediation and arbitration. Please note we do not tolerate rudeness, racism and/or discrimination towards our staff. Mutual respect and courtesy is expected from all parties at all times.

11. POSTPONEMENTS:
In the event that the wedding date is postponed and moved to another calendar year, please note that the rates for that year will be applicable. As per clause 9, the deposit will be forfeited if The Rosendal cannot re-book the original date.

12. In case of a war, terrorism, armed conflict, labour strike, or other similar events beyond the reasonable control of the Party or a natural catastrophe, namely an act attributable to nature without human interference, which prevents The Rosendal from hosting the event, The Rosendal will not be held liable for any loss or damages incurred by any person as result thereof, provided that The Rosendal will give prompt written notice thereof and take all steps reasonably necessary

to mitigate the effects of the force majeure event. The Rosendal will in such an incidence refund to the other parties within a reasonable time, all amounts paid after taking into consideration any expenses incurred by themselves in respect of the event and the steps taken to prevent the event from not taking place.

13. PROTECTION OF PERSONAL INFORMATION

13.1 The parties agrees and consent that its personal information may be processed by, or on behalf of either of the Parties for the purposes of fulfilling the terms of this agreement;

13.2 The parties shall implement and maintain effective security safeguards that include, but is not limited to administrative, technical, and physical safeguards, and appropriate technical and organisational measures, in each case, adequate to insure the security and confidentiality of personal information, and to protect against any anticipated risks to the security or unauthorized access to the personal information;

13.3 The parties consent to protect personal information against unlawful processing or processing otherwise than in accordance with this agreement.

13.4 In the event of any actual, suspected, or alleged security breach, including, but not limited to, loss, damage, destruction, theft, unauthorized use, access to or disclosure of any personal information, each party shall:
a) notify the other party as soon as practicable after becoming aware of such event;
b) provide the other party will all information regarding the breach in the party’s knowledge and possession to allow the party to ascertain what has occurred and which personal information has been affected.
c) promptly take whatever action is necessary, at each party’s own expense, to minimise the impact of such event and prevent such event from recurring.

13.5 Further information on how the company processes personal information is available in our Privacy Policy on this website.

13.6 The client hereby consents to The Rosendal sharing the personal information as provided for herein cross border. Should the client’s personal information be shared cross border, the personal information will not be subject to less protection than it enjoys in terms of South Africa’s data privacy laws.

13.7 The client hereby consents to The Rosendal keeping and storing my personal information for a period of 3 years after which such personal information will be disposed of in a lawful manner.

13.8 The client hereby consents to the processing of their children’s personal information, if applicable, as may be necessary to fulfil the terms of this agreement.

14. BREACH:
Should any party fail to comply with any stipulation of this agreement the aggrieved party is entitled to, after having notified the other party in writing to remedy the breach of contract, within 14 (fourteen) days from the date of such request and without prejudice to any rights he / she might have, cancel the agreement and to receive and or to retain as roukoop, or as a genuine estimate of damage or as a result of any pending ruling to be made by a court of the real damage that has been suffered, any money already paid or alternatively cancel the agreement and claim compensation from the other party.

15. The Magistrate’s Court Pretoria will have jurisdiction for purposes of any legal proceedings pertaining to this agreement. The Rosendal can however institute legal proceedings in a different forum if they prefer to do so.

16. The legal costs of The Rosendal, for purposes of any legal proceedings pertaining to this agreement will be paid by me / us at an Attorney and Client Scale and an interest rate of 15.5% per year will apply from the date when any amounts in terms of this agreement are due and payable.

17. I / We acknowledge that, if I / we sign on behalf of an entity, I / we have the authority to do so. I /we will, in our personal capacities be jointly and severally responsible for all the terms and conditions as set out in this agreement.

18. Any alterations / variations to this agreement may only be done in writing with full signature by all the parties thereto.