BRISBANE GLOBAL TENS CORPORATE HOSPITALITY TERMS AND CONDITIONS 2017 All Corporate Hospitality Packages are issued subject to these Terms and Conditions of Sale and Entry 2017 APPLICATION PROCESS 1 2 Event Partners, Sponsors, Duco Events Australia (DUCO) and Queensland Rugby Union (QRU) have priority allocation to available Hospitality Packages. Hospitality applications will be processed in order of receipt and subject to availability. Applications will not be processed if; a. Forms are incorrect or incomplete b. A Valid email address is not provided 3 DUCO reserves the right to not accept any Booking Form in its absolute discretion. 4 If Client is successful in its application for the Hospitality Package and has provided a valid email address, DUCO will send Client an acceptance email together with a tax invoice and the hospitality package allocation. 5 Full Payment will be required to secure the booking allocation within 14 days of the date of the tax invoice. 6 Confirmation of receipt of Full Payment and allocation of Hospitality Package will be confirmed in writing by email to the valid email address supplied by Client on the Official Hospitality Booking Form. NOTIFICATION AND DELIVERY 7 Tickets will not be sent and the Hospitality Package will not be activated unless and until the Total Amount has been received in full by DUCO. DUCO accepts only direct transfer (EFT) and no cheques, cash or Bartercard. 8 The Hospitality Package will be delivered within 14 days of the event/matches. TICKET CONDITIONS 9 Client must ensure that each of its guests and ticket holders: a. do not erect, fix or display any goods, materials, advertisements or promotional material in, on or around the Stadium with the prior written consent of DUCO; b. comply with all directions given by DUCO or the Stadium from time to time; and c. comply with DUCO’s ticket conditions and the Stadium’s conditions of entry. 10 It is an essential condition of this Agreement and of the right of admission to the event and matches conferred on the holder of a Hospitality Package that Client agrees with DUCO; a. not to resell or transfer the Hospitality package at a premium; b. not to use it for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods and services; and c. not to bundle it with other goods or services, without DUCO’s prior consent. If this condition is breached, DUCO may, in addition to any other remedy and even if the holder of the Hospitality Package did not have notice of the condition or the breach, deny the holder admission to the event and matches and retain the price of the Hospitality Packages. 11 Patrons grant DUCO the non-exclusive right to use their image and likeness in any form or medium as part of any broadcast or recording of the match and for any other commercial purposes including advertising and promotional materials. RESPONSIBILITY AND LIABILITY REGIME 12 Client indemnifies DUCO against any loss or property damage to the Stadium arising out of the Client’s use of the Hospitality Package and for any personal injury, death or loss of damage to any property or any person arising out of or as a consequence of its use of the Stadium services except that such loss, damage, injury or death arises from the negligent act or the omission of DUCO. 13 (a) Nothing in clause 13 affects Clients rights under the Trade Practices Act 1974(Cth) or similar legislation under which DUCO’s liability may not be excluded, restricted or modified by agreement (TPA Rights). (b) If DUCO is liable to any Client for any: i. breach by DUCO of any express terms of this Agreement; ii. breach by DUCO of any term implied into this Agreement under the general law; or iii. any tort committed by DUCO (including negligence but not including fraud), DUCO’s liability to Client is limited to (at DUCO’s election) to DUCO repaying any amounts paid by Client under this Agreement or supplying or resupplying any hospitality package to which Client is entitled in accordance with the terms of this Agreement. 14 For Hospitality Packages for suites and boxes, DUCO will notify Client of contact details for the Stadium Caterer and Client must liaise directly with the caterer for its food and beverage requirements. 15 DUCO excludes all liability to Client in tort (including negligence) or bailment for acts or omissions of the QRU, the Stadium, the Stadium Caterer and their employees and contractors respectively arising out of or in relation to the Hospitality Package, or any delay or other failure in supplying goods or services or this Agreement. 16 Corporate Hospitality clients are responsible for the acts and omissions of their employees, officers, invitees and guests whilst at Suncorp Stadium; and the corporate hospitality client agrees to release and indemnify, defend and hold harmless DUCO, its officers, directors, employees, representatives and agents from and against any and all losses, liabilities, expenses, claims, demands, suits and damages whatsoever and howsoever arising (including legal fees on an indemnity basis or, if deemed inappropriate, on a solicitor/client basis) resulting from or in connection with the acts of omissions of that corporate hospitality client’s employees, officers, invitees and guests or the corporate hospitality client’s breach of these Terms and Conditions. CANCELLATIONS, REFUNDS AND REPLACEMENTS 17 Once the Booking Form is sent to DUCO or QRU, Client may only cancel the order or Hospitality Package and without limiting clause 13, refunds will only be allowed as expressed in this Agreement. 1 18 Duco will: BRISBANE GLOBAL TENS CORPORATE HOSPITALITY TERMS AND CONDITIONS 2017 (a) (b) Subject to receiving the request for cancellation of the order or Hospitality Package prior to 10th October, 2016, refund 80% of the total value of the Hospitality Package being cancelled; subject to receiving the request for cancellation of the order or Hospitality Package after 10th October and prior to 10th December, 2016, refund 50% of the total value of the Corporate Hospitality package being cancelled; (c) not provide any refunds or exchanges for cancellation of orders or Corporate Hospitality Packages after 10th December, 2016. 19 Subject to TPA Rights, Client cannot obtain a refund if after the event or Match has started it is cancelled for any reason, including due to inclement weather. 20 Subject to TPA Rights: (a) DUCO is not liable to Client for any loss or damage Client suffers as a result of the event or any match being cancelled, postponed or changed; and (b) DUCO disclaims the existence of any common law duty of care to Client and any holder of a ticket; and (c) DUCO will only consider requests for reissue of lost or stolen tickets upon payment of a fee of $25 for each lost or stolen ticket. 21 Car Park Passes will not be reissued if lost or stolen. PROMOTIONS AND SIGNAGE 22 No advertising or promotion by a company will be permitted within the Stadium site or surrounding precinct without the prior written consent of DUCO and Suncorp Stadium. 23 No promotional items coordinated by a company in direct conflict with any of DUCO’s or Suncorp Stadium’s sponsors or preferred suppliers will be permitted within Suncorp Stadium or surrounding precinct. 24 No product sampling will be permitted within Suncorp Stadium or surrounding precinct without the written permission of DUCO. 25 All promotional items provided by corporate clients must be approved by DUCO and Suncorp Stadium. 26 Upon purchasing a Corporate Hospitality Package, the Client accepts that the Corporate Facility fit-out including any furniture and themeing items in addition to those already supplied by Suncorp Stadium are to be organised by Client at their cost and is subject to Suncorp Stadium and DUCO’s approval. Client must liaise with Suncorp Stadium regarding site access for their selected suppliers. In order to manage the safety and security of the site, Suncorp Stadium may make any such site access subject to the selected suppliers meeting certain requirements. PAYMENTS 27 All pricing is quoted in AUD$ dollars and payments must be made in AUD$ 28 All pricing is inclusive of GST. DUCO reserves the right to adjust prices due to any increase or decrease in GST. 29 All payments are required by EFT. Please send remittance advice to the email [email protected] Account Name: Duco Events Australia BSB: 033 157 Account Number: 492198 TICKETS 30 Tickets will only be issued upon receipt of full payment 31 Corporate Hospitality Tickets will be issued for each day of the event, not individual matches. PRIVACY AND GENERAL 32 DUCO respects the privacy of the individuals on who DUCO collects, uses and discloses personal information. 33 DUCO is not responsible for any infection by computer virus, bugs tampering or unauthorised intervention, fraud, technical failures or any other causes beyond the control of DUCO, including that cause the delay or non-delivery of emails to or from DUCO or QRU. 34 These terms may be varied from time to time as notified on www.brisbaneglobaltens.com or the QRU website 35 This Agreement: (a) is governed by the law applicable in the state of Queensland and each party submits to the jurisdiction of the courts of that state; and (b) is the entire agreement between DUCO and Client in respect of its subject matter. FORCE MAJEURE 36 Neither party will be liable for any delay in performing or failure to perform its obligations under these terms and conditions fi the delay or failure results from any event beyond the control of the parties, including but not limited to any act of God, fire, explosion, flood, war acts of terrorism, travel restrictions, theft, malicious damage, strikes, lock-outs, or industrial action of any kind, government regulation or requirement and a restraint by a government or government agency (‘Force Majeure Event’). 37 If a party is prevented from or hindered in performing its obligations under this Agreement by a Force Majeure Event, performance of those obligations is suspended to the extent that performance is prevented or hindered by the Force Majeure Event and such nonperformance will not be deemed to be a breach of these terms and conditions. DEFINITIONS 36 In this Agreement: Event or Match means the Brisbane Global Tens Tournament to be held on Saturday 11th February and Sunday 12th February, 2017. Hospitality Package means the suite, box, dining option or function package selected by Client on the Form, including tickets to Matches (but excluding Food and Beverage for the suites and boxes) and other specified benefits. Stadium means Suncorp Stadium or any other venue that hosts a Match during the Brisbane Global Tens. Total Amount means amount of the Hospitality Package as specified on the Form. 2
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