Hospitality Terms & Conditions
The completed booking form ( Form ) and these hospitality terms (including any incorporated terms) ( Terms ) form a legally binding contract ( Agreement) between the person named on the Form ( Client) and Northern
Territory Major Events Company Pty Ltd ABN 22 085 961 520 ( NTMEC ). By ordering hospitality for Events,
Client agrees to the terms of this Agreement.
Terms used but not defined have the meaning given to them on the Form.
1. PURCHASE OF HOSPITALITY
1.1 If Client is successful in the application for hospitality, NTMEC will send Client a confirmation email to the address on the Form that notifies all relevant details of hospitality such as Tickets, Facility, dates, number of guests, catering and other benefits (Confirmation Letter).
1.2 NTMEC will not: a) process any Form which is incomplete or incorrect (such as under minimum guest numbers); or b) accept any changes to the Form (except for change of Client Details).
1.3 NTMEC reserves the right to not accept any Form in its absolute discretion.
1.4 Once the Form is sent to NTMEC, Client cannot cancel and refunds and exchanges are allowed only as expressed in this Agreement.
1.5 Client must pay the Total Fee either up-front in full or 25% deposit on booking with full payment due at least 30 days before the Event. Client authorises NTMEC to unilaterally process payments from the Client’s credit card to satisfy this obligation. No Tickets will be distributed to Client unless and until the Total Fees have been received by NTMEC.
2. TICKET CONDITIONS
2.1 In respect of all Tickets, Client must comply and must ensure that each subsequent holder of any of Tickets complies with: a) this Agreement, including the Regulations; and b) the Ticket Conditions, including any restricted or prohibited items and patron behaviour.
2.2 It is an essential condition of this Agreement and of the right of admission to the Event conferred on the holder of a Ticket that Client and each subsequent holder of the Ticket agrees with NTMEC not to (without NTMEC’s prior written consent): a) resell or transfer, or attempt to resell or transfer, the ticket at a price greater than the face value of the ticket (including via on-line auction sites); b) use it for advertising, promotion, competitions or commercial purposes; and c) bundle it with other goods or services, such as food and beverage, accommodation or transport.
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2.3 If this condition is breached, NTMEC may deny the holder admission to the Event and retain the price of the Ticket.
3. ACCESS TO VENUE AND FACILITY
3.1 In accessing the Venue, Client must: a) ensure Goods are safe and secure and free from defects in materials, design, workmanship and installation: b) ensure Personnel are properly qualified under any applicable law (or relevant professional body) and have obtained the relevant permission from applicable authorities to supply
Services; c) supply all Services with due care and skill; d) comply with all directions of NTMEC as to access, vehicle movements and load limits and workplace health and safety; e) promptly notify NTMEC in writing after becoming aware of any material damage to a Venue or serious injury to anyone at a Venue; and f) repair, or pay the cost of repair, of any damage caused to a Venue as a result of Client’s access or supply of Goods or Services.
3.2 NTMEC reserves the right to determine the final location of the Facility at the Event. Client must not, without NTMEC’s prior written consent, make any alterations or additions to the Facility or interfere, tamper with or remove any fixtures or fittings, such as televisions or screens.
4. LIABILITY AND RISK
4.1 Client indemnifies NTMEC against all losses, damages, expenses and costs (on a full indemnity basis) that NTMEC may sustain or incur as a result, of: a) a breach of this Agreement; b) the negligence of Client; or c) the supply of Goods or Services or access to the Venue by Client or guests, except to the extent that that loss was caused by the negligence of NTMEC.
4.2 Client agrees that title to, and risk in, Goods remains with Client. NTMEC is not responsible for any lost, stolen or damaged Goods.
4.3 There are risks and inherent dangers associated with attending Events and associated activities that may result in patrons being injured. Client agrees not to bring any claim or proceeding against
NTMEC for any damage, loss, injury or liability Client or guests may suffer in accessing a Venue or attending the Event.
4.4 If NTMEC is liable to Client for any breach of these terms or any tort committed by NTMEC
(including negligence but not including fraud), NTMEC’s liability to Client is limited (at NTMEC’s
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Hospitality Terms & Conditions election) to NTMEC repaying any amounts paid by Client or supplying or resupplying any Tickets to which Client is entitled.
5. CANCELLATION OR TERMINATION
5.1 NTMEC may add, withdraw, reschedule or substitute artists, athletes or teams (as applicable) or vary advertised programmes, prices, times, venues, seating arrangement or audience capacity without any compensation to Client.
5.2 No refund or exchange of Tickets will be made under any circumstances, excep t at NTMEC’s discretion if an Event is postponed or cancelled, and then according to NTMEC Refund and
Exchange Policy.
5.3 Other than as specified in the Refund and Exchange Policy, NTMEC will not be liable to Client for any loss or damage (including indirect or consequential loss or damage) suffered as a result of or arising from or in any way connected to the cancellation, postponement or change to the Event (or any part thereof).
5.4 Either party may terminate this Agreement by written notice if the other party is in breach and cannot, or does not within a reasonable time period, remedy the breach. If this Agreement is terminated, Client forfeits the Deposit and any other amounts paid under this Agreement.
6. PRIVACY STATEMENT
NTMEC respects the privacy of the individuals on whom NTMEC collects, uses and discloses personal information. The personal information that NTMEC collects is used for the purpose of the sale and distribution of Tickets, as reasonably required for the proper and efficient staging of Events and to give effect to any of its rights under this Agreement. Client may request access to personal information NTMEC holds about Client by sending an email to major.events@nt.gov.au
.
7. GENERAL TERMS AND DEFINITIONS
7.1 This Agreement: a) may be varied only by a document signed by both parties; b) is the entire agreement between the parties as to its subject matter and supersedes any prior understanding, representation or agreement between the parties; and c) is governed by the law applicable in Darwin, Northern Territory and each party irrevocably and unconditionally submits to the non exclusive jurisdiction of the courts of that territory.
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7.2 The parties acknowledge that where any consent or approval is granted by a party or any inspection is performed by a party under this Agreement, the giving of such consent or approval or the making of such inspection alone does not make the party liable to the other party.
7.3
NTMEC may (without Client’s consent) assign, transfer, or otherwise dispose of any interest in this
Agreement, or any of its rights under this Agreement to the Northern Territory Government, and
Client must enter into an agreement with the assignee under which Client agrees with the assignee to be bound to the assignee on the terms of this Agreement as if the assignee had been named in this Agreement in place of NTMEC.
7.4 NTMEC reserves the right to update, modify or change these Terms from time to time. Any changes will be available o n NTMEC’s website.
7.5 In this Agreement:
Goods means any goods (including personal items), equipment or products brought into a Venue by or on behalf of Client or its guests.
Personnel means any employee, contractor, agent or volunteer of Client who supplies Goods or
Services or requires access to a Venue.
Regulations mean the regulations, guidelines, policies or procedures as developed by NTMEC from time to time, including those relating to access to Venues, Branding Guidelines, Ticket
Conditions, Refund and Exchange Policy and Ambush Marketing Policy (copies of which are available on request).
Services means the fit out, decoration, theming or advertising Client wants to supply in the Venue, as specified in the Confirmation Letter, and the supply of Goods and Personnel.
Ticket means any form of evidence of the right to obtain entry to the Event held at the Venue that has been issued by NTMEC (or its authorised nominee).
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