Terms of trade

Please read these terms and conditions ("terms") carefully before participating in any sewing workshop ("workshop") organised by Sip & Sew Workshops NZ ("we", "us", or "our"). 

If you have any questions regarding these terms, then you can contact us via the contact form on this website.

Contents

TERMS

WORKSHOPS

Acceptance of Terms: By participating in any one or more of our workshops from time to time, you acknowledge that each such participation shall be subject to these terms and you agree to be legally bound by the same.  

Workshop: We agree to supply you the workshop as offered by us on this website, being sipandsewworkshopsnz.com, subject to these terms.

Information: We shall use our best endeavours to consult with you in good faith and provide all relevant information, directions, assistance and cooperation as is required for us to perform the workshops per our website.

Beverages: Occasionally, at our sole discretion, our private workshops may include the provision of drink vouchers to be used at restaurants within our building or we may invite you to bring your own beverages to the workshop. You are expected to use these vouchers and consume beverages responsibly. If you are booking for others, it is your responsibility to ensure that all members of your party are made aware of the availability of any such vouchers and use them responsibly, in accordance with these terms.

Follow Our Safety Procedures: You agree to follow all safety guidelines and instructions provided by us before and/or during the workshops where the consumption of any food or beverages provided during the workshop is at your own risk. When booking for others, including friends and children, you are responsible for ensuring that they are also made aware of and comply with these safety procedures. 

Failure to Comply: At our discretion, if you or any member of your group fails to follow these terms regarding safety guidelines, including without limitation to, disruptive behaviour and excessively rowdiness, we reserve the right to take any of the following actions:

Immediate Removal: We may remove the offending individual(s) or the entire group from the workshop without a refund.
Financial Liability: In cases where your actions or those of your group cause damage to our property, we will charge your card for the full cost of repairs or replacement.
Future Bans: We may also prohibit you and members of your group from attending future workshops based on the severity of the misconduct.

It is your duty to ensure that all participants you book for adhere to our guidelines and instructions to ensure the safety, comfort, and enjoyment of all participants and to protect our property.

Prior Work: Any workshop performed, or which should have been performed, by us for you before the date of these terms shall fall within the scope of our duties and responsibilities under these terms where the terms and conditions of these terms will apply accordingly.

BOOKINGS

Bookings Required: Booking for each workshop is required and is considered complete only upon receipt of payment.

Pre-Payment Required: Payment must be made in full prior to the commencement of the workshop to secure your place, unless we agree in writing otherwise.

Right to Refuse: We reserve the right to refuse entry to any participant who has not made full payment.

Non-Transferrable Bookings: The transferrability of any booking confirmation issued by us is subject to our prior written consent. If you wish to transfer your booking to another individual, you must first obtain our approval. Unauthorised transfers may result in the cancellation of your booking without refund. 

PAYMENT

Fees: Unless we otherwise agree in writing, you must pay our fees for our workshop per our website on these terms. 

Deposit: We may require you to pay a deposit before we commence the workshop to you under these terms. 

Overdue Interest: If we invoice you for our workshops and you have not paid our fees in full by the due date, we may charge you interest compounding monthly on the unpaid overdue balance at the rate of 5% per annum above the current overdraft rate charged by our bank, and we may charge costs (including collection costs and legal costs on a solicitor-client basis) and suspend performance of further workshop until your account is paid in full. Payments will be credited first to late payment charges and next to the unpaid balance.

Indemnity: You indemnify us against all costs and claims in respect of our exercise of rights under this payments clause. 

NZD: Unless we state otherwise in writing, prices we provide you are in New Zealand dollars.


CANCELLATIONS

Cancellation by You: In the event of cancellation by you: 

Within 24 hours prior to the subject workshop, we shall be compensated by you for our workshop, being 100% of our fees per your booking confirmation from us, unless we agree in writing otherwise. 
More than 24 hours prior to the subject workshop, you shall be entitled to a refund on that workshop, of 100% of our fees per your booking confirmation from us, unless we agree in writing otherwise. 


Cancellation By Us: We will make every effort to notify you of any material and unexpected delays, significant changes, or complications in the work being undertaken at least 24 hours prior to the start of your confirmed workshop. In the event of cancellation by us: 

Within 24 hours prior to the subject workshop, you have the option to either rebook your workshop or receive a 100% refund. 
More than 24 hours prior to the subject workshop, you are required to rebook your workshop without the option for a refund.

REPRESENTATIONS 

Experience Purposes Only: You acknowledge that we offer our workshops solely for experience purposes and not as a professional service. We therefore make no representations or warranties regarding our skill, judgment, ability, capacity, or experience in connection with each of workshop. We do not purport at anytime to be professionally trained, educated, or certified by any relevant industry or registered organisation with respect to each workshop where you acknowledge that your participation in the workshops on these terms are at your own discretion and risk.

No Representations: You shall not provide any warranty or make any representation to any person concerning the workshop we supply to you, unless such warranty or representation has been expressly authorised by us in writing. You indemnify us against any losses, costs (including solicitor costs), expenses, demand or liability, whether direct, indirect, consequential, or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, incurred as a result of any warranty or representation made to a third party by the you in contravention of this clause regarding representations. 

CONSENT & USE OF WORKSHOP PRODUCTS

Right to Showcase: You acknowledge and agree that we may take photographs of the workshops, including the workshop products you create whether part or wholly complete, in our own portfolio (including, but not limited to, any website or social media account that displays our workshops and work). 

Compliance Warranty: You warrant and undertake that you have and will continue to comply with all the laws applicable to you in New Zealand (and any other country you decide to use or apply any advice and/or works that we may provide to you at the workshops) and hereby indemnify us against any loss, payment or liability incurred on account of such lack of compliance. 

LIMITATION OF LIABILITY

Limited Liability: We shall not have any liability or responsibility to you for any loss which does not flow directly or naturally (i.e. in the ordinary course of things) from a breach of these terms including, in each case consequential loss of business or profits or other loss. We shall only be liable for losses (excluding loss of business or profits) which flow directly or naturally from a breach of these terms up to a maximum of the amount paid by you to us. Any claim under this clause regarding limitation of liability must be made within five (5) working days from the date of relevant workshop we provided to you. 

INTELLECTUAL PROPERTY

Definition of IP: For the purposes of these terms, intellectual property means all rights, including copyright, patents, designs, trademarks, trade names, goodwill rights, trade secrets, confidential information and any other intellectual property or proprietary right in or relating to the product and the use of such designs, artwork, sketches, logos and other materials (Intellectual Property or IP). 

Personal Use: All materials, content, and designs provided during the workshops are our intellectual property, unless we identify as otherwise, and are intended solely for personal use and not for commercial purposes.

Nature of License to use Customer IP: If you provide us any IP to carry out workshops on these terms, you hereby grant us the ability to use your same IP by way of a non-exclusive royalty free revocable licence.

DISPUTE RESOLUTION

Good Faith Negotiation: The parties agree to use their best efforts to resolve any dispute that may arise under or in respect of these terms through good faith negotiations.

Mediation: If the parties fail to resolve the dispute within ten (10) working days of an issue having triggered clause 6(a), the dispute will be submitted to a mediator and conducted as follows:

Mediator: The mediator and the mediator’s fee will be that agreed by the parties. If they cannot so agree within 10 working days of the referral to mediation, then the President for the time being of the Arbitrators and Mediators Institute of New Zealand (AMINZ) or his or her nominee will appoint a mediator and determine the mediator’s fee. 
Manner of Mediation: Unless the parties agree otherwise, the mediation will be conducted in terms of the Standard Mediation Agreement produced by LEADR New Zealand Incorporated at the time the dispute is referred to mediation. If no Standard Mediation Agreement is produced by that organisation at the time of the dispute, the mediation will be conducted in a manner determined by the mediator except that:

The mediation will be conducted on a without prejudice basis;
Either party may terminate their involvement in the mediation at any time but only after consultation with the mediator;
Any information disclosed during the mediation process will not be disclosed to any person not present at the mediation unless required by law; and
The costs of the mediation will be shared equally by the parties.

No Unreasonable Delays: Neither party will unreasonably delay the dispute resolution procedure in this clause regarding dispute resolution.
 
GENERAL

Notices: Any notice, document, request, demand or other communication (Notice) to be given for the purposes of these terms must be in writing and may sent by email to the following email address or as we specific to you, in writing, from time to time: sarah.sipandsew@gmail.com

Headings: Headings and sub-headings in these terms are for reference only and shall not in anyway limit or govern the construction of the provisions of these terms.

Confidentiality: The parties will keep confidential all confidential information belonging to each other and will not use this information for any purpose other than that for which it was disclosed to them. They will return this information (without keeping copies) upon demand and will not disclose it to any third party without written authorisation from the relevant party.

Severability: If any provision of these terms shall be held to be illegal, invalid or unenforceable in accordance with the laws of New Zealand from time to time such provision shall be read down to the extent necessary and reasonable in all circumstances to give it a valid operation. If any provision cannot be read down, that provision will be severed and void where such severing shall not affect the remaining terms of the Agreement. 

Entire Agreement: The parties acknowledge that these terms sets forth the entire Agreement and understanding of the parties and supersedes all prior oral or written agreements, understandings or arrangements relating to its subject matter. 

Variation: Any modification to or variation of these terms must be in writing and agreed to by all parties in writing. 

No Assignment: The obligations and benefits of these terms are personal to the parties and may not be assigned or issued without the consent of the remaining parties. Any contrary attempt by a party to assign its rights under these terms will be deemed void, and such party shall be liable for any losses or costs of the other parties (including full costs between solicitor and client) caused by the attempted assignment.  

No Waiver: No waiver of any right or remedy under these terms is effective unless it is in writing by the party entitled to such benefit. Such waiver is only effective in the specific instance and for the specific purpose for which it is granted. No delay or omission to exercise any right or remedy under these terms shall operate as a waiver or prevent further exercise of that or any other right or remedy. 

Force Majeure: Any party may, by written notice to the other parties, suspend its obligations to perform these terms if it is unable to perform as a direct result of a war, riot, strike, natural or man-made disaster or other circumstance of a similar nature (Force Majeure Event). Any suspension of performance must be limited to the period during which the Force Majeure Event continues.

Governing Law: These terms shall be governed by, construed and interpreted in accordance with the laws of New Zealand and the parties submit to the non-exclusive jurisdiction of the New Zealand courts in respect of any dispute or proceeding arising out of these terms.