AU STORE EVENTS BOOKING TERMS AND CONDITIONS
Lush Australia Store Events Booking Terms And Conditions (“Terms”)
1. CONTRACT AND PARTY HOST ELIGIBILITY
1.1. “Lush” means Lush Australia Pty Ltd, ABN 65 079 403 165, with our registered office at Unit 1A, 74 - 76 Biloela Street, Villawood NSW 2163, Australia
1.2. These Terms apply to all party and other event bookings held at our Australian Lush stores (“Event”).
1.3. For Events booked in store, through our own platforms or via a 3rd party platform, these Terms will apply to you (“you”) in addition to any other event-specific terms made available at the time of booking. Event-specific terms made known to you on booking will supersede anything in these Terms in the event of conflict.
1.4. For store parties, the person making the booking (“Host”) enters into a contract with Lush on behalf of all attendees. The Host must be at least 18 years old.
1.5. Lush may change these Terms at any time in writing but not so as to affect bookings accepted by Lush prior to the change.
1.6. Please read these Terms carefully. By making a booking, you and the Host warrant that you and the Host have read and accept these Terms (as amended from time to time).
2. BOOKING AND PAYMENT
2.1. For parties: A non-refundable deposit (as notified at booking) is payable to secure the Event date. The balance must be paid by the deadline stated in the booking confirmation; failure to do so may result in cancellation without refund.
2.2. For all other events, unless specified otherwise, full payment is due on booking.
2.3. Prices include only those items and services expressly stated in writing.
2.4. Party Extras and Party Favours: All party extras, including party favours agreed at the time of booking must be paid in advance of the Event date.
3. EVENT TYPE AND CONTENT
3.1. Events may be adult packages or child packages. Specific inclusions and supervision requirements differ and will be stated in the booking confirmation.
3.2. Events may include games, demonstrations and/or cosmetic product-making activities as discussed or made known to you at the time of booking and as may be updated by Lush from time to time (“Activities”).
3.3. For safety, hygiene or operational reasons we may substitute or withdraw Activities at our discretion without material detriment to the Event.
3.4. Time slots are fixed. Late arrivals may reduce Event duration with no refund.
4. SAFETY, CONDUCT AND SUPERVISION
4.1. All attendees must follow staff instructions at all times.
4.2. We may remove any attendee whose behaviour is abusive, unsafe or disruptive. No refund will be issued in such an instance.
4.3. For child party packages:
4.3.1. an appropriate number of supervising adults must attend and remain responsible for minors at all times. Please see our Party Policy for more information on parties; and
4.3.2. the Host remains responsible for the conduct and safety of all minors in their party.
5. ALLERGIES, INGREDIENTS AND MEDICAL
5.1. You, or the Host (as the case may be) are/is responsible for notifying us in writing of any known allergies (including food and non-food allergies), sensitives, disabilities or medical conditions of any attendees which could be relevant to the Activities or products at least 7 (seven) days before the Event.
5.2. We will take reasonable steps to accommodate disclosed conditions but we do not guarantee allergen-free Activities or products.
5.3. Before participating in any activity, each participant is responsible for reading and assessing the ingredient list displayed or provided and must not participate if they are unsure or at risk.
5.4. Participation is voluntary and at the participant’s own risk.
6. FOOD AND BEVERAGE
6.1. Birthday Cake for parties: If you wish to bring a birthday cake to a party, you will only be permitted to do so if we are notified of this and agree at the time of booking. It is your responsibility to ensure that all attendees are notified of the ingredients of the cake. You are not permitted to bring candles, and you must take responsibility for serving the cake, following any reasonable guidance provided you by the store.
6.2. No Alcohol. Unless specifically agreed with the store in writing, no alcohol may be brought into or consumed in the store or at the Event. If the Host or any of the Event attendees are found to have brought alcohol into our store, we reserve the right to end the Event immediately.
6.3. Food: We do not provide food as part of an Event. With the exception of 6.1, no food or drink is permitted to be brought into the Event by the Host or Event attendees.
7. WAIVER OF LIABILITY FOR PRODUCT-MAKING
7.1. Participation in Event Activities - including (a) product-making using cosmetic ingredients (including without limitation perfumes and fragrance oils, butters, colourants, surfactants, emulsifiers and/or preservatives, with potential skin and inhalation exposure) and (b) non-product making games and physical activities carries inherent risks of irritation, allergic reaction, sensitisation, slips, falls, knocks, collisions and other injury. Participation is voluntary.
7.2. No food or beverage consumption during Activities. For the safety of all participants, we do not permit the consumption of food or beverages whilst participating in product-making Activities. Please ensure all guests are well hydrated prior to commencing Activities.
8. PROPERTY, DAMAGE AND CLEANING
8.1. You, or the Host (as the case may be), are/is liable for any damage to our property caused by You, the Host or their attendees beyond reasonable wear and tear.
8.2. We are not responsible for loss of or damage to personal property brought to the Event.
8.3. We will not be liable for any damage to clothing worn during the product-making activities. We advise that jewellery is not worn and long hair is tied back.
9. INTELLECTUAL PROPERTY AND MEDIA
9.1. All intellectual property in our materials, formats, recipes and games remains ours.
9.2. You must not record or reproduce our Activities for commercial use without prior written consent.
10. LIABILITY
10.1. Lush makes no representations or warranties of any kind, express or implied, in relation to the Event or Activities and all implied guarantees, warranties and conditions are excluded to the maximum extent permitted by law.
10.2. Nothing excludes our liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
10.3. To the maximum extent permitted by law but subject to clause 10.2, Lush accepts no liability in respect of any Event or the Activities including any punitive, incidental, economic, special, consequential, direct or indirect loss and damage incurred by you or the Host.
10.4. To the maximum extent permitted by law, any liability of Lush is limited to the total value of the total price paid for the Event and reduced to the extent (if any) that you, the Host or any participants of the Event or Activities causes or contributes to the loss or damage.
10.5. Cosmetic product-making carries inherent risks (spills, allergens etc) and You and/or the Host and each participant accept(s) these risks and release Lush for any liability in relation to an Event or the Activities.
11. CANCELLATION AND FORCE MAJEURE
11.1. Our standard Returns and Refunds Policy does not apply to Events. Deposits are non-refundable.
11.2. For a party: If you cancel before the balance due date, only the deposit is retained. After the balance due date, no refund is due.
11.3. For other Events: you should give at least 24 hours notice of any cancellation prior to an Event, but please refer to the cancellation policy made known at the time of booking.
11.4. We may cancel or reschedule for events beyond our reasonable control (e.g. illness, utilities failure, safety incident). If so, we will offer a rescheduled date or a refund of monies paid.
11.5. From time to time, we may be required to close our store due to a campaign, unplanned maintenance or unforeseen disruption. In the event of a store closure, we will notify you as soon as reasonably practicable to offer a rescheduled date or a refund of monies paid.
12. DATA PROTECTION
12.1 We will process personal data in accordance with applicable data protection laws and our Privacy Policy https://www.lush.com/au/en/faq/au-en-privacy-policy.
13. GENERAL
13.1. No Waiver: Any failure on any occasion by us to enforce a Term is not a waiver of that Term.
13.2. Severability: If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this agreement.
14. GOVERNING LAW AND JURISDICTION
14.1. These Terms shall be governed by Australian law, and the parties submit to the exclusive jurisdiction of the courts of Australia. This does not affect your statutory rights to have any dispute heard in the courts of the territory in which the Event is held.