EVENT SPECIFIC CORPORATE HOSPITALITY PACKAGES
These terms and conditions and the Booking Form constitute an agreement (Agreement) between the entity named on the Booking Form (the Client) and Knights Rugby League Pty Ltd known as the “Newcastle Knights” (the Club).
By signing the Booking Form, the Client agrees to be bound by this Agreement. The Client must inform its guests, personnel, agents and subcontractors involved in or attending the Corporate Facilities of the terms of this Agreement.
1. CORPORATE HOSPITALITY PACKAGES
- In consideration of the Package Fee, the Club will provide to the Client its nominated Corporate Package during the Event(s).
- To reserve a Corporate Package, the Client must complete and sign a Corporate Hospitality Agreement or Booking Form and return it to the Club. Submission of a Corporate Hospitality Agreement or Booking Form to the Club will only secure the Corporate Facilities requested by the Client until the commencement of the agreed payment option, as per the Corporate Hospitality agreement or Booking Form signed off by the Club and the Client, is executed.
- If the Club receives more than one Booking Form from a prospective Client applying for the same Corporate Package, the Club reserves the right to allocate the Corporate Package to one prospective Client either:
- on a "first in, first served" basis; or
- otherwise at the Club's sole discretion.
- Corporate Packages are only secured and Event Tickets and Passes dispensed to the Client upon the Client paying the Package Fee to the Club in accordance to the terms agreed to between the Club and the Client on the Corporate Hospitality Agreement or Booking Form.
- The Club reserves the right to cancel and revoke Event Tickets and Passes if the Client is not in accordance to the terms signed off on by both the Club and the Client on the Corporate Hospitality Agreement or Booking Form.
- The Corporate Package will include admission to the Stadium during the Event, the supply of a stipulated number of Tickets, food and beverages and other benefits outlined on this website.
- The Client is responsible for ensuring its guests use the Corporate Facilities for the Permitted Use only and must not re-sell, sublet or re-hire the Corporate Facilities.
- Passes remain the property of the Club.It is the responsibility of the Client to take care of the Passes.The Passes are not transferable or redeemable for cash.
- Passes must not be sold, misused for commercial use, or used for promotional purposes or marketing campaigns without the Club’s prior written permission.
- The Club does not accept any responsibility for Tickets or Passes that are lost, stolen or destroyed. Lost or stolen Tickets or Passes should be immediately reported to Stadium or Club staff.
- The Club reserves the right to charge the Client a reasonable replacement fee for replacing lost or stolen Passes.
- The Client’s guests must wear Passes supplied to the Client at all times.
2. STADIUM CATERING
- Where catering is expressly excluded in a package outlined on this website, the Client must order catering for the Event directly with Stadium Catering staff.
- The Club or Stadium reserves the right to remove any Client (and guests) from the Stadium, which is overdue on any payments to the Stadium in relation to any match day catering.
3. SERVICE OF ALCOHOL
- The Stadium and Corporate Facilities are managed in accordance with the Law and the terms of the Licence.
- The Club and the Stadium reserve the absolute right to determine whether the behaviour of a Client’s guest whilst at the Stadium is contrary to any Law or the conditions of the Licence.
- Any guest who fails to observe the Law or the conditions of the Licence or who, in the Club’s or Stadium’s sole opinion, are conducting themselves in an inappropriate or anti-social manner may be removed from the Stadium without refund or appeal.
4. CODE OF CONDUCT
- The Club is committed to ensuring the enjoyment and safety of corporate patrons attending the Event.
- In order to achieve this, the Client is required to abide by the following conditions of the Club’s Code of Conduct:
- The Club requests that all guests of the Client dress in a manner that is appropriate to the corporate nature of the Corporate Facilities.The Club and the Stadium reserve the right to remove any guest deemed to be inappropriately dressed.
- the Client isresponsible for the conduct of their guests at all times whilst at the Stadium and using the Corporate Facilities.
- the Client must ensure:
- all activities conducted in the Corporate Facilities conform to the Permitted Use only;
- that only the specified number of guests occupies the Corporate Facilities;
- that strictly no alcohol is to be taken outside of the Corporate Facilities; and
- that guests do not create any noise or disturbance, or behave in an offensive or antisocial manner in the Corporate Facilities or elsewhere in the Stadium.
- The Club, Stadium or its staff retain the right to enter and inspect the condition of the Corporate Facilities at all times it is being occupied by the Client and its guests.
- The Client must not alter, add to or damage the fixtures, fittings, appointments, furniture and equipment contained within the Corporate Facilities.
- A patron must not, at any time, abuse or harass an employee of the Club or the Stadium.
- No client, guest or visitor shall participate in illegal gambling on or near the Stadium.
- The Stadium is a no smoking venue.
- The Club and Stadium reserve the right to refuse admission, or remove any Client, guest or visitor from the Stadium at their sole discretion.
5. ARRIVAL AND DEPARTURE
- Corporate Facilities will open and beverage service will commence two (2) hours prior to the start of kick-off of the main Event.
- All patrons must leave the Stadium immediately when instructed by Stadium or Club staff. Drinks service will cease 15 minutes after completion of the Event and Corporate Facilities will close 30 minutes after completion of the Event.
6. MARKETING AND PROMOTIONS
The Client must not use:
- the Event name and logo;
- the Club name and logo;
- the Team name or logo;
- the Season name or logo;
- the membership of the Club; or
- the Corporate Facilities,
for any promotional or other commercial purposes (including trade promotions) without the prior written consent of the Club. Any such use must be strictly in accordance with the Club’s written directions.
7. PAYMENT TERMS
- The Package Fee will be invoiced by the Club following the Client’s submission of this Corporate Hospitality Agreement or Booking Form.
- Payment of the Package Fee in full by the Client is required as per the payment terms on the Corporate Hospitality Agreement or Booking Form. A valid tax invoice will be issued to the Client by the Club.
- For casual Bookings made less than 14 days prior to an Event the full payment is require at 3 Business Days before the Event.
- The Client will not be entitled to a refund for seats within the Corporate Facilities that are unused at the Event.
- The Client will be entitled to a refund for seats within the Corporate Facilities if the Event is rescheduled, postponed or cancelled.
- Where any part of the Package Fee payable by the Client is due and unpaid, the Club may (in addition to its other rights and remedies under this Agreement or at Law):
- prevent access by the Client and guests to the Corporate Facilities and the Stadium; and
- recover the balance of the Package Fee from the Client as a debt immediately due and payable.
8. CANCELLATION POLICY
- Up to 21 days prior to the date of the Event, the Client may cancel it’s booking and receive a 50% refund of the Package Fee from the Club.
- Bookings made less than 21 days prior to the date of the Event will receive no refund.
- Cancellation of a booking must be made via email to the Club Representative.
If GST is imposed on any supply made by one party (Supplier) to the other party under this Agreement, the recipient of the supply (Recipient) must pay, in addition to any consideration payable under this Agreement for the supply, an additional amount for the supply calculated by multiplying the prevailing GST rate by the consideration for the relevant supply provided always that the Supplier issues a valid tax invoice to the Recipient within 7 days of the occurrence of an event that causes the GST liability of the Supplier on any taxable supply supplied to the Recipient to be attributed to a particular tax period.
10. WARRANTIES AND INDEMNITY
- The Client warrants and represents to the Club that:
- it will comply with all Laws in relation to this Agreement;
- it and it’s guests will comply with all directions issued by Club and/or Stadium staff whilst visiting the Stadium and using the Corporate Facilities; and
- by entering into this Agreement, the Client will not breach any oral, or written agreement or arrangement that it is a party to.
- The Client agrees to indemnify the Club and its Related Bodies Corporate, their officers, agents and employees from and against any liability, claim (including any third party claim), loss, liability, expense or damage whatsoever (whether foreseeable or not and whether caused by an act or omission on the part of the Club or its representatives) arising directly or indirectly as a result of, and all costs, charges or expenses incurred directly or indirectly as a result of:
- its use of the Stadium or the Corporate Facilities (including without limitation the acts or omissions of its guests or its representatives attending the Stadium or Corporate Facilities pursuant to this Agreement);
- any breach of this Agreement by the Client or its guests (including any warranties); or
- any claim, proceeding, suit, demand or action brought against the Club by the Client or a third party in connection with the Client’s use of the Stadium or the Corporate Facilities.
- The Client acknowledges and agrees that it (and its guests) uses the Stadium and Corporate Facilities at its own risk and has sole responsibility for any goods, equipment, or materials brought into the Stadium by it or on its behalf.
- To the fullest extent permitted by Law, the Client (and its guests) release the Club and its Related Bodies Corporate from and against any loss, cost, claim, damage or expense incurred directly or indirectly in connection with:
- any personal injury suffered by the Client (or its guests) whilst in attendance at the Stadium or the Corporate Facilities; and
- the loss, or theft of the property brought into the Stadium or Corporate Facilities by the Client or its guests, agents, employees or contractors.
- The Client must fully insure itself against any risk, loss, damage or theft of property on the Stadium or Corporate Facilities arising as a result of its use of the Stadium or Corporate Facilities for the Permitted Use, including damage or loss caused to the Stadium or the Corporate Facilities including buildings, furniture, equipment and fittings.
- The Club may terminate this Agreement at any time by written notice to the Client (Termination Notice).Termination of the Agreement will be effective on and from the date for termination nominated by the Club in the Termination Notice (Termination Date).
- If the Club terminates the Agreement:
- by reason of the Stadium or Corporate Facilities being unfit for use or for any other cause beyond the Club’s reasonable control, the Club will refund the Package Fee received for corporate hospitality services not already rendered by the Club (the Refund); and
- save for payment of the Refund by the Club only in the above circumstances, the Client acknowledges and agrees that the Club is immediately released from all its obligations under this Agreement without any further liability to the Client on and from the Termination Date.
The privacy of the Client’s personal information and that of its guests is important to the Club. The Club will take reasonable steps to ensure the Client’s personal information collected by the Club in connection with this Agreement remains private.Such personal information will not be shared with any third party outside of the Club or its Related Bodies Corporate, unless the Club has the Client’s written consent to do so.
- The Club may, in its sole discretion, subcontract the performance of any of its obligations under this Agreement to third parties. The Client must not assign its rights under this Agreement without the Club’s written consent.
- This Agreement constitutes the entire agreement of the parties about its subject matter and any previous agreements, understandings and negotiations on that subject matter cease to have any effect.
- All notices between the parties under this Agreement must be issued in writing. Any notices from the Client to the Club (including change of address and other details) must be immediately issued to the Club Representative in writing.
- Nothing contained or implied in this Agreement constitutes a party the partner, agent or legal representation of another party for any purpose or creates any partnership, agency or trust, and no party has any authority to bind another party in any way.
- Each release and indemnity in this Agreement is a continuing obligation, separate and independent from other obligations of each party and survives termination of this Agreement.
- To the full extent permitted by Law, all express and implied terms, conditions and warranties other than the ones set out in this Agreement are excluded.
- The Club may exercise a right, remedy or power in any way it considers appropriate.If the Club does not exercise a right, remedy or power at any time, this does not mean that it cannot exercise it later.
- No rule of construction will apply to the disadvantage of a party on the basis that it put forward this Agreement.
- This Agreement is governed by the law in force in New South Wales, Australia and each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them determining any dispute.
16. DEFINITIONS AND INTERPRETATION
- In this Agreement:
- In this Agreement, unless the context indicates a contrary intention:
- headings are for convenience only and do not affect interpretation;
- the singular includes the plural and vice versa;
- a reference to a party to a document includes the party’s successors, permitted assigns, administrators and substitutes;
- where a word or phrase is defined, its other grammatical forms have a corresponding meaning;
- the word ‘include’ in any form is not a word of limitation;
- no rules of construction apply to the disadvantage of one party on the basis that the Agreement or relevant part of the Agreement was prepared or put forward by that party;
- a reference to a time or date in connection with the performance of an obligation by a party is a reference to the time and date in Newcastle, Australia even if the obligation is to be performed elsewhere;
- a reference to a year is a reference to twelve consecutive calendar months; and
- a reference to a month is a reference to a calendar month.
Business Day means a day when banks are ordinarily open for business in New South Wales, Australia, excluding Saturdays and Sundays.
Club Representative means one of the staff in the Newcastle Knights corporate hospitality team.
Corporate Package means the corporate hospitality package set out on this website, as nominated by the Client in the Booking Form.
Corporate Facilities means the facilities located within the Stadium corresponding to the Corporate Package nominated by the Client in the Booking Form.
Event means the event to be held at the Stadium as specified in the Booking Form.
Law means any requirement of any statute, regulation, codes of practice, regulatory instrument, proclamation or common law present or future, whether state, federal or otherwise.
Licence means the organisations liquor licence (Licence no. LIQO624013988) in relation to the Stadium, the relevant conditions of which are attached to this Agreement.
Licensee means the organisation Hunter Venues. The Manager is Mr Brett Campbell.
Package Fee means the total package fee set out in the Booking Form.
Passes means the Event day passes issued to the Client by the Club, as set out in the Booking Form.
Permitted Use means the use authorised by the Club as described in the Booking Form.
Related Body Corporate has the meaning prescribed in the Corporations Act 2001 (Cth).
Stadium means Hunter Stadium located on Griffiths Road, Broadmeadow.
Season means the NRL Rugby League Season 2014.
Tickets means tickets to the Event held at the Stadium issued by the Club to the Client as set out in the Booking Form.
ATTACHMENT A - RELEVANT CONDITIONS OF THE LICENCE AT McDONALD JONES STADIUM (HUNTER VENUES)
With alcohol being a component of corporate entertainment, the Stadium has responsibilities at Law in relation to consumption of alcohol and conduct of guests using private areas or corporate boxes at the Stadium pursuant to the conditions of the Licence.
The following sections of the Licence are supplied to assist Clients and guests in understanding the relevant conditions of the Licence and the responsibilities and accountabilities Clients assume under the Agreement for use of a Corporate Facilities.
The Corporate Facilities are well monitored by the Club and Stadium staff and the Stadium or the Club will take action if Clients and their guests do not adhere to the conditions of the Licence.
- The licensee shall ensure that a permanent record is maintained which records the details of persons and companies that contract with the Club for hiring or use of private areas or corporate boxes.
- The licensee shall ensure that a copy of the conditions applicable to the license is supplied to any person or company that contracts with the Club for the hiring or use of private areas or corporate boxes on the premises.
- The licensee shall ensure that liquor is served and consumed responsibly in the private areas and corporate boxes.
- The licensee shall ensure that the conduct of patrons utilising the private areas and corporate boxes of the premises, including their liquor consumption, is appropriately and adequately monitored to ensure that liquor is consumed responsibly and that liquor is not supplied to or consumed by minors.
- The licensee shall prevent intoxicated patrons being served further liquor by removing the person’s access to liquor, or by other reasonable means. The licensee and Responsible Service of Alcohol (RSA) managers shall seek the assistance of the police, if necessary.
- The licensee shall ensure intoxicated patrons are removed from the premises and that patrons supplying to minors are reported to the police.
- The licensee shall ensure that the liquor service to the private and corporate areas is not provided outside of the duration of the function, occasion or event and that staff cease the supply of further liquor to any private or corporate area where further supply of liquor would be inconsistent with responsible serving and responsible drinking.
- The licensee shall implement measures to ensure that the supply of further liquor to any private or corporate area ceases where the licensee or RSA manager reasonably believes that the patrons in those areas have access to sufficient liquor for the remainder of the function, occasion or event.
- The licensee shall ensure that all persons are removed from the private and corporate areas within ninety (90) minutes of the function, occasion or event ceasing.
- The licensee shall implement reasonable and adequate measures to ensure that once the liquor service to the private and corporate areas has ceased, liquor is not removed from the premises by patrons.
- The licensee shall establish a system for providing credits or refunds in respect to the liquor purchased by persons and companies utilising the private areas or corporate boxes, but not consumed at a function, occasion or event.