-
BOOKING CONDITIONS
Licensee: For the purposes of this Agreement, the Licensee means the purchaser specified in the relevant booking form (which may be an online form) (“Licensee”).
The South Australian Cricket Association Limited ABN 44 623 135 393 (“SACA”) grants the Licensee and its nominated guests (“Guests”) a licence to use the Corporate Suites(s) or Box(es) at Adelaide Oval as specified in the relevant booking form (“Hospitality Area”) on the conditions set out below. These Booking Conditions together with the relevant booking form constitute an agreement (Agreement) between SACA and the Licensee.
1. Access to Hospitality Area
1.1 Subject to the terms of this Agreement (including, without limitation, clause 9), access to the Hospitality Area will be given to the Licensee and its Guests from one hour before the scheduled commencement of play of the relevant Adelaide Strikers cricket match at Adelaide Oval until 30 minutes after the conclusion of play on the Event date(s) specified in the relevant booking form, each match being an “Event”.
1.2 It is understood Outside Corporate Box facilities are not covered/enclosed.
2. Licence Fee: The licence fee payable by the Licensee is specified in the relevant booking form (“Licence Fee”) and is payable at time of booking.
3. Payment: No tickets will be issued until full payment of the Licence Fee is received by SACA.
4. Use
4.1 The maximum number of Guests permitted in the Hospitality Area shall be the number of Guests specified in the relevant booking form.
4.2 The Licensee will use the Hospitality Area only to view the Event.
4.3 At the conclusion of the Event, the Licensee shall vacate, surrender and deliver the Hospitality Area to SACA in a state of repair and condition that is consistent with the state of repair and condition prior to access by the Licensee under clause 1 and consistent with the Licensee having fully complied with all of its obligations pursuant to the terms of this Agreement.
4.4 The Licensee will pay to SACA on demand all damages, losses and costs suffered or incurred by SACA in respect of any damages or losses of or to SACA’s property caused by the Licensee or its Guests, employees, contractors, or agents.
4.5 In addition to the Licence Fee, the Licensee must pay SACA’s or the venue operator’s charges for food and beverages supplied to the Hospitality Area and consumed by the occupants in the Hospitality Area immediately as required by SACA (except where the booking form otherwise specifies that the Licence Fee for the Hospitality Area is inclusive of a food and beverage package).
4.6 Under no circumstances may any food or beverages other than those provided by the Adelaide Oval caterers, be consumed within the Hospitality Area.
4.7 The Licensee acknowledges that, if the Hospitality Area is located in the Western Stand of Adelaide Oval, then it is located in that part of Adelaide Oval designated as the SACA Members area, and accordingly that the standards of behaviour expected of and applicable to SACA Members are also expected of and applicable to the Licensee and its Guests. Accordingly, the Licensee will, and will procure that all Guests, at all times whilst within a Hospitality Area located in the Western Stand and the SACA Members (or anywhere else at the Adelaide Oval, if specified in this clause 4.7 below):
(a) dress in compliance with the SACA Members Area Dress Standards (accessible here: https://www.saca.com.au/membership/services/match-day-dress-standards);
(b) not smoke or consume alcohol in any area in or around the Adelaide Oval designated to be smoke free or alcohol free areas;
(c) when using mobile telephones, be discreet and considerate of others and limit their use to the bare minimum whilst seated in stands during play;
(d) show consideration to others by limiting movement whilst a Match is in progress. In particular, Members must:
(e) remain seated until an over at Match has been completed; and
(f) wait until an over at a Match is completed before returning to their seat.
(g) If the Licensee or a Guest wishes to listen to a radio or other electronic device, ensure it is used with an ear piece so as not to be offensive to others or distract players.
(h) Not stand or sit in aisles or on stairways in the Adelaide Oval, due to safety regulations
(i) comply with all reasonable directions of SACA or AOSMA.
4.8 The Licensee will, and will procure that all Guests dress smartly (smart casual attire is the minimum standard required) and, if clause 4.7 applies, in compliance with the SACA Members Area Dress Standards referred to in clause 4.7(a).
4.9 The Licensee will not, and will procure that its Guests do not, engage in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any other person (including any player, match official, other official or patron) on the basis of their race, religion, gender, culture, colour, sexual orientation, descent or national or ethnic origin.
4.10 The Licensee will and will procure that all Guests act with respect to others. The Licensee will not and will procure that all Guests do not engage in any bad language, offensive remarks, riotous, disorderly, drunken, improper, unbecoming, offensive or unlawful conduct.
4.11 The Licensee shall be responsible at all times for the conduct of its Guests, and for informing its Guests on the appropriate conduct on their part necessary to avoid a breach of this Agreement.
4.12 In addition to this Agreement, the Licensee and its Guests must comply with all terms and conditions of entry to Adelaide Oval.
4.13 The Licensee must not (and shall ensure that its Guests do not) make any alterations or additions to the Hospitality Area or display any decorations in or on the Hospitality Area without the prior written consent of SACA.
4.14 The Licensee and its Guests are prohibited from entering the playing area at Adelaide Oval (and any other areas at Adelaide Oval determined by SACA in its sole discretion) at all times.
5. Personal Use Only
5.1 No reselling: the Licensee will not, and will procure that its Guests do not, resell (or attempt to resell) any rights under this Agreement (including, without limitation, any ticket(s)), without prior written consent from SACA.
5.2 No promotional use: the Licensee will not, and will procure that its Guests do not, commercialise the Hospitality Area in any way including, without limitation, through any ticket “giveaway”, without prior written consent from SACA.
5.3 Any Hospitality Area tickets acquired in breach of this Agreement shall be null and void, and SACA shall be entitled to confiscate, cancel or invalidate any Hospitality Area tickets offered for sale, sold or acquired in breach of this Agreement.
6. Termination:
6.1 SACA may terminate this Agreement (including refusing entry to the Licensee and its Guests to the Event, the Hospitality Area or Adelaide Oval or removing the Licensee and its Guests from the Event, the Hospitality Area or Adelaide Oval) immediately if the Licensee or its Guests breach any term of this Agreement.
6.2 Where this Agreement is terminated, SACA reserves the right to deny the Licensee the ability to purchase tickets and/or book a corporate suite/box at future Adelaide Strikers matches.
6.3 Termination or expiration of this Agreement will not affect the rights or obligations of the parties which have accrued up to the date of expiry or termination or any other rights and obligations which under the terms of this Agreement are expressed to survive or are capable of surviving such expiry or termination.
6.4 Payment is required in full at the time of booking. The Licensee has no right to cancel the booking or otherwise terminate this Agreement at any time. 100% of the Licence Fee is payable for a “no show”.
7. No Liability: To the full extent permitted by the law, SACA shall not be liable for and the Licensee releases SACA to the extent permitted by law from any liability for any loss, injury or damage to property or persons whatsoever (whether caused by negligence or otherwise) including, but not limited to, illness, death or injury suffered by the Licensee, its employees, agents or Guests or by any third party arising from use of the Hospitality Area during the period of the Licence.
8. Indemnity: The Licensee will occupy and use the Hospitality Area at the risk of the Licensee and shall indemnify SACA and keep SACA indemnified from and against all actions, proceedings, claims, demands, notices, losses, damages, costs and expenses of any kind in respect of any loss or damage to property of any nature or death or injury to any person caused or contributed to by the use or occupation of the Hospitality Area by the Licensee or its Guests, except to the extent caused by any negligent act or omission of SACA.
9. Cancellation Of Event
9.1 If prior to the time when the gates at Adelaide Oval are open on the day of an Event, the Event is cancelled and not re-scheduled for any reason whatsoever, the parties shall be relieved from their respective obligations to each other pursuant to this Agreement in respect of the Event without any liability and SACA shall return to the Licensee the proportion of the Licence Fee already paid by the Licensee in respect of that Event, subject to clause 9.2.
9.2 SACA may deduct an administration fee of $30 per person that is booked, per day, from any refund.
9.3 If prior to the time when the gates at Adelaide Oval open on the day of an Event, the Event is cancelled, and rescheduled, SACA will, at its election (in its sole and absolute discretion) either:
(a) refund to the Licensee any part of the Licence Fee already paid by the Licensee in respect of that Event (less the administration fee in clause 9.2) and this Agreement shall terminate with immediate effect; or
(b) provide the Licensee with tickets and access to the Hospitality Area in accordance with this Agreement at the rescheduled Event.
9.4 The Licensee acknowledges that:
(a) the commencement and/or duration of any cricket played on the Event date is dependent upon the weather and other factors that are outside the control of SACA; and
(b) this Agreement and access to the Hospitality Area are not dependent upon the weather on the Event date and, subject to clause 9.6, the Hospitality Area will be provided in accordance with this Agreement whether the Event is interrupted, suspended or cancelled.
9.5 Once gates are open on any day of an Event to which this Agreement relates, access to the Hospitality Area in accordance with this Agreement for that day will go ahead, and the Licensee and its Guests will not be entitled to any refund of the Licence Fee (or any part of the Licence Fee) if access is given and poor weather (or any other factor) causes a cancellation or limited play of the cricket match at the Event.
9.6 In the event that SACA is obliged to make any material change to the Hospitality Area provided or cancel the facility for any reason, SACA will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal standard. In the event that the alternative arrangement offered by SACA is not of at least equal standard, then the Licensee may elect to:
(a) accept the alternative arrangement offered by SACA and receive a refund of the difference in the cost between the original Hospitality Area and the alternative arrangement; or
(b) receive a refund of the part of the Licence Fee that the Licensee has paid to SACA in which case this Agreement will terminate with immediate effect.
10. General
10.1 Without limiting clause 5, the Licensee will not assign, on sell, sublet, mortgage, charge, or dispose of any of its rights under this Agreement, without the prior written consent of SACA.
10.2 The Licensee acknowledges that SACA or the venue operator is entitled, without incurring any liability whatsoever, to refuse admission to or cause to be removed from the Hospitality Area any person:
(a) guilty of misconduct or of any behaviour which SACA or the venue operator considers in its absolute discretion to be unsatisfactory (including, without limitation, a breach of the Adelaide Oval conditions of entry); or
(b) who has taken any action or displayed any behaviour which may expose SACA or the venue operator to liability under liquor licensing laws (including but not limited to laws prohibiting supply or consumption of liquor to intoxicated persons or to persons under the age of 18 years).
10.3 The Licensee must at all times assist SACA and the venue operator in enforcing action required in accordance with this clause and upon failure to do so the Licensee acknowledges that SACA or the venue operator may close the Hospitality Area and remove all persons from the Hospitality Area.
10.4 The Licensee acknowledges that, pursuant to licensing laws the following shall apply in respect of the Hospitality Area in which case the Licensee and any other persons in occupation of the Hospitality Area must promptly comply with any such requirement of SACA (and/or the venue operator) pursuant to this clause 10.4:
(a) liquor service in the Hospitality Area shall cease at the conclusion of play of the Event and the Hospitality Area must be vacated within 30 minutes after the conclusion of play of the Event. SACA or the venue operator may terminate liquor service and require the vacation of the Hospitality Area at an earlier stage where it is reasonable to do so;
(b) no alcohol is to be removed from the Hospitality Area;
(c) intoxicated persons shall be removed and persons under the age of 18 shall not be served liquor; and
(d) any other requirements imposed on SACA or the venue operator pursuant to any liquor license issued under any licensing laws with respect to the Hospitality Area.
10.5 The Licensee shall pay on demand all costs (including legal costs on a solicitor and own client basis) and expenses incurred by SACA in relation to any breach of this Agreement by the Licensee.
10.6 If the whole or any part of a provision of this Agreement is void, unenforceable or illegal it shall be read down to the extent necessary to avoid that result and if that cannot be done the offending clause(s) shall be severed and the remainder of this Agreement shall have full force and effect. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.
10.7 SACA and the Licensee acknowledge that this Agreement is entered into immediately upon written acceptance of the relevant booking form by or on behalf of SACA.
10.8 The Licensee acknowledges that SACA does not guarantee:
(a) whether the Event or any play will take place on the Event date;
(b) the length of play of the Event; or
(c) the identity of any players who will appear in the Event.
11. GST
11.1 All terms and phrases used in this clause have the meaning given to those terms and phrases in A New Tax System (Goods and Services Tax Act) 1999.
11.2 The Licence Fee is inclusive of GST.
11.3 All other amounts payable under this Agreement are exclusive of GST.
11.4 Except for the Licence Fee, to the extent that any amount payable under this Agreement relates to a taxable supply, the recipient of that supply (Recipient) must pay, in addition to, at the same time and on the same terms as, the amount payable, or amount equal to the amount payable, for that supply multiplied by the prevailing GST rate, on account of GST. The Recipient is not required to pay the amount equal to the GST until a valid tax invoice has been issued by party entitled to receive payment to the Recipient in respect of that amount.
12. Privacy: SACA may collect personal information about the Licensee and its Guests necessary for it to perform its obligation under this Agreement and to help promote the Event and future matches and similar events. SACA will use, disclose and manage all personal information in the manner set out in SACA’s privacy policy. To view SACA’s privacy policy go to www.saca.com.au
-
These Standard Conditions, together with the relevant booking form (which may be an online form), constitute an agreement (Agreement) between SACA and the Customer.
1. The Customer will, and will procure that all Guests dress smartly (smart casual attire is the minimum standard required).
2. The Customer is responsible for the conduct of its Guests at all times.
3. The Customer must make its Guests aware of these Standard Conditions and must procure that its Guests do not breach these Standard Conditions.
4. The Customer will not and will procure that all Guests do not engage in any riotous, disorderly, drunken, improper or unlawful conduct. The Customer agrees that SACA and/or AOSMA may refuse admission to or remove any person from the Adelaide Oval (including Guests) at any time, regardless of whether a Match is in progress.
5. The Customer and all Guests must be aged 18 years and over.
6. The Customer and its Guests are prohibited from entering the playing area at Adelaide Oval (and any other areas at Adelaide Oval determined by SACA or AOSMA in their sole discretion) at all times.
7. The Customer must not (and will procure that its Guests do not):
(a) resell (or attempt to resell) any tickets or rights of access to the Gil Langley Room; or
(b) commercialise the Customer’s tickets or rights of access to the Gil Langley Room in any way (including, without limitation, through any ticket “giveaway” or promotion), without prior written consent from SACA.
8. The Customer acknowledges that, pursuant to licensing laws, SACA may (or may procure that AOSMA or third parties):
(a) terminate liquor service at the Gil Langley Room at a certain hour, or at a certain time after completion of the Match on any specific day (notwithstanding that such time may be during the Designated Times);
(b) require all Guests to vacate the Gil Langley Room within a certain time after completion of the Match on a specific day (notwithstanding that such time may be during the Designated Times);
(c) terminate liquor service at the Gil Langley Room and require the vacation of the Gil Langley Room at an earlier time where it is reasonable to do so (notwithstanding that such time may be during the Designated Times);
(d) remove intoxicated and/or disruptive persons (including the Customer’s Guests) from the Gil Langley Room and the Adelaide Oval; and
(e) refuse to serve liquor to a person (including a Guest) under the age of 18 or a person that is intoxicated.
9. The Customer must pay the call out and any other fee, cost or expense charged by the Metropolitan Fire Service (MFS) if the MFS attends the Adelaide Oval by reason of a false activation of a fire alarm caused by the Customer or its Guest.
10. The Customer must not use (and must ensure that its Guests do not use) the Gil Langley Room:
(a) for any other purpose other than for the purpose of attending the Match; or
(b) for any purpose which in SACA’s opinion constitutes a nuisance or a danger to any other person.
11. The Customer and its Guests must comply with all AOSMA terms and conditions of entry to Adelaide Oval. No liability is accepted by SACA in the event that the Customer or any Guest is denied entry to the Gil Langley Room or any other part of the Adelaide Oval as a result of the Customer’s and/or its Guest’s failure to comply with these terms.
12. The Customer must not (and must ensure that its Guests do not):
(a) bring into the Adelaide Oval (including, without limitation, the Gil Langley Room) any firearms, explosives, inflammable liquids, hazardous materials, drugs, food or alcoholic beverages;
(b) bring into the Adelaide Oval (including, without limitation, the Gil Langley Room) any smoke machines, misters, hazers, foggers, foamers, oilcrackers, dry ice or fluid, dry density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances, whether manually dispersed or by a discharge mechanism;
(c) install or use or bring into the Adelaide Oval (including, without limitation, the Gil Langley Room) any equipment, fittings or electrical installation; or
(d) bring into the Adelaide Oval (including, without limitation, the Gil Langley Room) any equipment or item which by reason of its weight or vibration resulting from its operation could in the opinion of SACA cause damage to the floor the roof or other parts or services of the Adelaide Oval.
13. The Customer acknowledges and agrees with SACA that the Adelaide Oval is a non smoking venue and smoking is only permitted in designated smoking areas outside of the Adelaide Oval.
14. The Customer must, and must ensure that its Guests:
(a) use the Gil Langley Room in a safe and proper manner so as not to create any risk of injury or damage to person or property;
(b) comply with all reasonable directions of SACA and AOSMA in connection with the safe and proper use of the Gil Langley Room;
(c) not mark, paint, drill into or otherwise deface any part of the Gil Langley Room or make any alteration or fix any item to the structure, fittings, decorations or furnishing of the Gil Langley Room;
(d) do not cause any damage whatsoever to the Gil Langley Room (including, without limitation, the structure, windows, walls and ceiling) and any fittings, decorations, furnishings and furniture in the Gil Langley Room;
(e) do not block or obscure any emergency exists, emergency lights or fire protection equipment; and
(f) do not exceed the floor loading.
15. The Customer is responsible for all equipment it brings into the Adelaide Oval and SACA shall have no liability to the Customer for any loss or damage to such equipment unless such loss or damage is caused by SACA.
16. The Customer must report to SACA any damage to the Gil Langley Room sustained during use by the Customer or its Guests (immediately upon becoming aware of the damage).
17. The Customer must pay to SACA the cost of repairing and making good any damage sustained to the Gil Langley Room during use by the Customer or its Guests (unless caused by the negligence of SACA, its employees or agents) including, without limitation, the cost of labour and materials and replacement equipment and must, if required by SACA, itself repair and make good any such damage.
18. The Customer must leave the Gil Langley Room in a clean, safe and proper condition.
19. If the Customer fails to remove its equipment or other personal belongings at the end of the Designated Time, SACA may store the equipment and personal belongings at the Customer’s cost and dispose of them if the Customer fails to collect its equipment and personal belongings within a reasonable period of time (as determined by SACA).
20. Where the Customer fails to vacate the Gil Langley Room by the end of the Designated Time, the Customer must pay such additional licence and usage fee determined by SACA in its sole discretion.
21. Cancellation Of Event
(a) If prior to the time when the gates at Adelaide Oval are open on the day of the event specified in the relevant booking form (“Event”), the Event is cancelled and not re-scheduled for any reason whatsoever, the parties shall be relieved from their respective obligations to each other pursuant to this Agreement in respect of the Event without any liability and SACA shall return to the Customer the proportion of any money already paid by the Customer for access to the Gil Langley Room for that Event (“Licence Fee”), subject to clause 21(b).
(b) SACA may deduct an administration fee of $30 per person that is booked, per day, from any refund.
(c) If prior to the time when the gates at Adelaide Oval open on the day of an Event, the Event is cancelled, and rescheduled, SACA will, at its election (in its sole and absolute discretion) either:
i. refund to the Customer any part of the Licence Fee already paid by the Customer in respect of that Event (less the administration fee in clause 21(b)) and this Agreement shall terminate with immediate effect; or
ii. provide the Customer with tickets and access to the Gil Langley Room in accordance with this Agreement at the rescheduled Event.
(d) The Customer acknowledges that:
i. the commencement and/or duration of any cricket played on the Event date is dependent upon the weather and other factors that are outside the control of SACA; and
ii. this Agreement and access to the Gil Langley Room are not dependent upon the weather on the Event date and, subject to clause 21(a), the Gil Langley Room will be provided in accordance with this Agreement whether the Event is interrupted, suspended or cancelled.
(e) Once gates are open on any day of an Event to which this Agreement relates, access to the Gil Langley Room in accordance with this Agreement for that day will go ahead, and the Customer and its Guests will not be entitled to any refund of the Licence Fee (or any part of the Licence Fee) if access is given and poor weather (or any other factor) causes limited or no play of the cricket match at the Event.
(f) In the event that SACA is obliged to make any material change to the Gil Langley Room provided or cancel the facility for any reason, SACA will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal standard. In the event that the alternative arrangement offered by SACA is not of at least equal standard, then the Customer may elect to:
i. accept the alternative arrangement offered by SACA and receive a refund of the difference in the cost between the original Gil Langley Room and the alternative arrangement; or
ii. receive a refund of the part of the Licence Fee that the Customer has paid to SACA in which case this Agreement will terminate with immediate effect.
22. The Customer occupies and uses the Gil Langley Room at its own risk and agrees to release, indemnify, keep indemnified and hold harmless SACA, its employees and agents from and against all Claims which may be incurred directly or indirectly by reason of or in relation to the use of the Gil Langley Room by the Customer or its Guests including, without limitation, Claims arising out of or in connection with any accident, damage or injury occurring to any person or property in or about the Gil Langley Room (except to the extent that any Claim arises wholly out of any act or omission of SACA).
23. SACA shall not be liable to the Customer for any loss of life, personal injury or damage to or loss of property which may be suffered or sustained at Adelaide Oval (including, without limitation, the Gil Langley Room) for any cause whatsoever, save where any such death, injury or damage results wholly from a negligent act or omission of SACA, its employees or agents.
24
25. Privacy
SACA may collect personal information about the Customer and its Guests necessary for it to perform its obligations under this Agreement and to help promote the Event and future matches and similar events. SACA will use, disclose and manage all personal information in the manner set out in SACA’s Privacy Policy. To view SACA’s privacy policy go to www.saca.com.au.
26. All capitalised terms in these Standard Conditions shall have the following meanings:
Adelaide Oval means the sporting ground and venue located at North Adelaide known as the “Adelaide Oval” and all buildings, structures and facilities, together with all associated and adjoining land and facilities under the control of AOSMA from time to time.
AOSMA means Adelaide Oval SMA Ltd ACN 141 259 538 and where relevant its employees and agents.
Claims means all claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever.
Customer means the person or persons, or (if applicable) company or organisation specified in the relevant booking form or online booking form for the Gil Langley Room.
Designated Times means the hours beginning one (1) hour before the start of play of the Match and ending half an hour after the conclusion of play of such Match.
Guests means the Customer and any person attending the Match as an invitee of the Customer (including, without limitation, the Customer’s employees, agents or contractors).
Match means the cricket match, the particulars of which are indicated on the ticket.
Gil Langley Room means the room of the same name located on Level 4 of the Riverbank stand at Adelaide Oval.
SACA means the South Australian Cricket Association Limited ABN 44 623 135 393 and where relevant its employees and agents.
Standard Conditions means these FiveAA Strikers Sports Lounge (Gil Langley Room) Standard Terms and Conditions of Access.
-
BOOKING CONDITIONS
Licensee: For the purposes of this Agreement, the Licensee means the purchaser specified in the relevant booking form (which may be an online form) (“Licensee”).
The South Australian Cricket Association Limited ABN 44 623 135 393 (“SACA”) grants the Licensee and its nominated guests (“Guests”) a licence to use the Nova Deck at Adelaide Oval as specified in the relevant booking form (“Hospitality Area”) on the conditions set out below. These Booking Conditions together with the relevant booking form constitute an agreement (Agreement) between SACA and the Licensee.
1. Access to Hospitality Area:
1.1 Subject to the terms of this Agreement (including, without limitation, clause 9), access to the Hospitality Area will be given to the Licensee and its Guests from one hour before the scheduled commencement of play of the relevant Adelaide Strikers cricket match at Adelaide Oval until 30 minutes after the conclusion of play on the Event date(s) specified in the relevant booking form, each match being an “Event”.
1.2 It is understood the Nova Deck is an open-air facility.
2. Licence Fee: The licence fee payable by the Licensee is specified in the relevant booking form (“Licence Fee”) and is payable at time of booking.
3. Payment: No tickets will be issued until full payment of the Licence Fee is received by SACA.
4. Use
4.1 The maximum number of Guests permitted in the Hospitality Area shall be the number of Guests specified in the relevant booking form.
4.2 The Licensee will use the Hospitality Area only to view the Event.
4.3 At the conclusion of the Event, the Licensee shall vacate, surrender and deliver the Hospitality Area to SACA in a state of repair and condition that is consistent with the state of repair and condition prior to access by the Licensee under clause 1 and consistent with the Licensee having fully complied with all of its obligations pursuant to the terms of this Agreement.
4.4 The Licensee will pay to SACA on demand all damages, losses and costs suffered or incurred by SACA in respect of any damages or losses of or to SACA’s property caused by the Licensee or its Guests, employees, contractors, or agents.
4.5 In addition to the Licence Fee, the Licensee must pay SACA’s or the venue operator’s charges for food and beverages supplied to the Hospitality Area and consumed by the occupants in the Hospitality Area immediately as required by SACA (except and to the extent otherwise specified in the booking form).
4.6 Under no circumstances may any food or beverages other than those provided by the Adelaide Oval caterers, be consumed within the Hospitality Area.
4.7 The Licensee will, and will procure that all Guests dress smartly (smart casual attire is the minimum standard required).
4.8 The Licensee will not, and will procure that its Guests do not, engage in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any other person (including any player, match official, other official or patron) on the basis of their race, religion, gender, culture, colour, sexual orientation, descent or national or ethnic origin.
4.9 The Licensee shall be responsible at all times for the conduct of its Guests, and for informing its Guests on the appropriate conduct on their part necessary to avoid a breach of this Agreement.
4.10 In addition to this Agreement, the Licensee and its Guests must comply with all terms and conditions of entry to Adelaide Oval.
4.11 The Licensee must not (and shall ensure that its Guests do not) make any alterations, additions to the Hospitality Area or display any decorations in or on the Hospitality Area without the prior written consent of SACA.
4.12 The Licensee and its Guests are prohibited from entering the playing area at Adelaide Oval (and any other areas at Adelaide Oval determined by SACA in its sole discretion) at all times.
5. Personal Use Only
5.1 No reselling: the Licensee will not, and will procure that its Guests do not, resell (or attempt to resell) any rights under this Agreement (including, without limitation, any ticket(s)), without prior written consent from SACA.
5.2 No promotional use: the Licensee will not, and will procure that its Guests do not, commercialise the Hospitality Area in any way including, without limitation, through any ticket “giveaway”, without prior written consent from SACA.
5.3 Any Hospitality Area tickets acquired in breach of this Agreement shall be null and void, and SACA shall be entitled to confiscate, cancel or invalidate any Hospitality Area tickets offered for sale, sold or acquired in breach of this Agreement.
6. Termination:
6.1 SACA may terminate this Agreement (including refusing entry to the Licensee and its Guests to the Event, the Hospitality Area or Adelaide Oval or removing the Licensee and its Guests from the Event, the Hospitality Area or Adelaide Oval) immediately if the Licensee or its Guests breach any term of this Agreement.
6.2 Where this Agreement is terminated, SACA reserves the right to deny the Licensee the ability to purchase tickets and/or book Nova Deck tickets at future Adelaide Strikers matches.
6.3 Termination or expiration of this Agreement will not affect the rights or obligations of the parties which have accrued up to the date of expiry or termination or any other rights and obligations which under the terms of this Agreement are expressed to survive or are capable of surviving such expiry or termination.
6.4 Payment is required in full at the time of booking. The Licensee has no right to cancel the booking or otherwise terminate this Agreement at any time. 100% of the Licence Fee is payable for a “no show”.
7. No Liability: To the full extent permitted by the law, SACA shall not be liable for and the Licensee releases SACA to the extent permitted by law from any liability for any loss, injury or damage to property or persons whatsoever (whether caused by negligence or otherwise) including, but not limited to, illness, death or injury suffered by the Licensee, its employees, agents or Guests or by any third party arising from use of the Hospitality Area during the period of the Licence.
8. Indemnity: The Licensee will occupy and use the Hospitality Area at the risk of the Licensee and shall indemnify SACA and keep SACA indemnified from and against all actions, proceedings, claims, demands, notices, losses, damages, costs and expenses of any kind in respect of any loss or damage to property of any nature or death or injury to any person caused or contributed to by the use or occupation of the Hospitality Area by the Licensee or its Guests, except to the extent caused by any negligent act or omission of SACA.
9. Cancellation Of Event
9.1 If prior to the time when the gates at Adelaide Oval are open on the day of an Event, the Event is cancelled and not re-scheduled for any reason whatsoever, the parties shall be relieved from their respective obligations to each other pursuant to this Agreement in respect of the Event without any liability and SACA shall return to the Licensee the proportion of the Licence Fee already paid by the Licensee in respect of that Event, subject to clause 9.2.
9.2 SACA may deduct an administration fee of $30 per person that is booked, per day, from any refund.
9.3 If prior to the time when the gates at Adelaide Oval open on the day of an Event, the Event is cancelled, and rescheduled, SACA will, at its election (in its sole and absolute discretion) either:
(a) refund to the Licensee any part of the Licence Fee already paid by the Licensee in respect of that Event (less the administration fee in clause 9.2) and this Agreement shall terminate with immediate effect; or
(b) provide the Licensee with tickets and access to the Hospitality Area in accordance with this Agreement at the rescheduled Event.
9.4 The Licensee acknowledges that:
(a) the commencement and/or duration of any cricket played on the Event date is dependent upon the weather and other factors that are outside the control of SACA; and
(b) this Agreement and access to the Hospitality Area are not dependent upon the weather on the Event date and, subject to clause 9.6, the Hospitality Area will be provided in accordance with this Agreement whether the Event is interrupted, suspended or cancelled.
9.5 Once gates are open on any day of an Event to which this Agreement relates, access to the Hospitality Area in accordance with this Agreement for that day will go ahead, and the Licensee and its Guests will not be entitled to any refund of the Licence Fee (or any part of the Licence Fee) if access is given and poor weather (or any other factor) causes a cancellation or limited play of the cricket match at the Event.
9.6 In the event that SACA is obliged to make any material change to the Hospitality Area provided or cancel the facility for any reason, SACA will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal standard. In the event that the alternative arrangement offered by SACA is not of at least equal standard, then the Licensee may elect to:
(a) accept the alternative arrangement offered by SACA and receive a refund of the difference in the cost between the original Hospitality Area and the alternative arrangement; or
(b) receive a refund of the part of the Licence Fee that the Licensee has paid to SACA in which case this Agreement will terminate with immediate effect.
10. General
10.1 Without limiting clause 5, the Licensee will not assign, on sell, sublet, mortgage, charge, or dispose of any of its rights under this Agreement, without the prior written consent of SACA.
10.2 The Licensee acknowledges that SACA or the venue operator is entitled, without incurring any liability whatsoever, to refuse admission or cause to be removed from the Hospitality Area to any person:
(a) guilty of misconduct or of any behaviour which SACA or the venue operator considers in its absolute discretion to be unsatisfactory (including, without limitation, a breach of the Adelaide Oval conditions of entry); or
(b) who has taken any action or displayed any behaviour which may expose SACA or the venue operator to liability under liquor licensing laws (including but not limited to laws prohibiting supply or consumption of liquor to intoxicated persons or to persons under the age of 18 years).
10.3 The Licensee must at all times assist SACA and the venue operator in enforcing action required in accordance with this clause and upon failure to do so the Licensee acknowledges that SACA or the venue operator may close the Hospitality Area and remove all persons from the Hospitality Area.
10.4 The Licensee acknowledges that, pursuant to licensing laws the following shall apply in respect of the Hospitality Area in which case the Licensee and any other persons in occupation of the Hospitality Area must promptly comply with any such requirement of SACA (and/or the venue operator) pursuant to this clause 10.4:
(a) liquor service in the Hospitality Area shall cease at the conclusion of play of the Event and the Hospitality Area must be vacated within 30 minutes after the conclusion of play of the Event. SACA or the venue operator may terminate liquor service and require the vacation of the Hospitality Area at an earlier stage where it is reasonable to do so;
(b) no alcohol is to be removed from the Hospitality Area;
(c) intoxicated persons shall be removed and persons under the age of 18 shall not be served liquor; and
(d) any other requirements imposed on SACA or the venue operator pursuant to any liquor license issued under any licensing laws with respect to the Hospitality Area.
10.5 The Licensee shall pay on demand all costs (including legal costs on a solicitor and own client basis) and expenses incurred by SACA in relation to any breach of this Agreement by the Licensee.
10.6 If the whole or any part of a provision of this Agreement is void, unenforceable or illegal it shall be read down to the extent necessary to avoid that result and if that cannot be done the offending clause(s) shall be severed and the remainder of this Agreement shall have full force and effect. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.
10.7 SACA and the Licensee acknowledge that this Agreement is entered into immediately upon written acceptance of the relevant booking form by or on behalf of SACA.
10.8 The Licensee acknowledges that SACA does not guarantee:
(a) whether the Event or any play will take place on the Event date;
(b) the length of play of the Event; or
(c) the identity of any players who will appear in the Event.
11. GST
11.1 All terms and phrases used in this clause have the meaning given to those terms and phrases in A New Tax System (Goods and Services Tax Act) 1999.
11.2 The Licence Fee is inclusive of GST.
11.3 All other amounts payable under this Agreement are exclusive of GST.
11.4 Except for the Licence Fee, to the extent that any amount payable under this Agreement relates to a taxable supply, the recipient of that supply (Recipient) must pay, in addition to, at the same time and on the same terms as, the amount payable, or amount equal to the amount payable, for that supply multiplied by the prevailing GST rate, on account of GST. The Recipient is not required to pay the amount equal to the GST until a valid tax invoice has been issued by party entitled to receive payment to the Recipient in respect of that amount.
12. Privacy: SACA may collect personal information about the Licensee and its Guests necessary for it to perform its obligation under this Agreement and to help promote the Event and future matches and similar events. SACA will use, disclose and manage all personal information in the manner set out in SACA’s privacy policy. To view SACA’s privacy policy go to www.saca.com.au.