Melbourne 2006 Commonwealth Games Conditions of Corporate Hospitality

These terms and conditions and Melbourne 2006 Commonwealth Games Conditions of Attendance (available upon request) constitute the legally binding agreement (Agreement) between the Client and Melbourne 2006 Commonwealth Games Corporation (ABN 22 088 659 705) (Melbourne 2006) for the purchase and supply of the Corporate Hospitality function packages.

1. Client must pay Melbourne 2006 a non refundable Deposit (being 50% of the Total Price) upon Client signing this Agreement, and the balance of the Total Price on or before 15 January 2006. If this Agreement is executed by Client on or after 15 December 2005, all of the Total Price is payable upon Client signing this Agreement. Failure to pay the Deposit or the balance of the Total Price when due will result in cancellation of Client booking.

2. All amounts payable in respect of GST by Client in connection with the Total Price must be paid by Client to Melbourne 2006 upon execution of this Agreement by Client.

3. The Melbourne 2006 Commonwealth Games Conditions of Attendance are incorporated into, and form part of, this Agreement. A reference in the Conditions of Attendance to “Ticket” is deemed to include access to the Venue and entitlement to attend the Corporate Hospitality function. Paragraphs 5,11,12(b)and 13 of the Conditions of Attendance are expressly excluded from this Agreement. To the extent there is any inconsistency between the Conditions of Attendance and these terms and conditions, these terms and conditions shall prevail and take precedence.

4. Melbourne 2006 will distribute Tickets, hospitality passes and event information to Client approximately 14 days prior to Corporate Hospitality function.

5. It is an essential term of this Agreement and the right of admission to the Corporate Hospitality function, Venue and the Session conferred on the holder of a Ticket that Client and each holder of a Ticket agree with Melbourne 2006:

(a) not to resell or distribute any Ticket;
(b) not engage in any ambush marketing activity or otherwise erect, fix or display any goods, materials, advertisements or promotional material in, on or around the Venue, without the prior written consent of Melbourne 2006;
(c) not to in any way disrupt the Corporate Hospitality function or the Session;
(d) not to use any Ticket for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services; and
(e) not to bundle any Ticket with other goods or services.

6. Any breach of an essential condition of this Agreement entitles Melbourne 2006, in addition to any other remedy available to it, to –

(a) confiscate or cancel Ticket(s);
(b) refuse Ticket holder(s) entry to the Venue, Session or Corporate Hospitality function; or
(c) eject Ticket holder(s) from the Venue, Session or the Corporate Hospitality function, and Melbourne 2006 may retain the Total Price.

7. If Client cancels its booking for the Corporate Hospitality function –

(a) on or before 15 January 2006, Melbourne 2006 may retain the Deposit; or
(b) after 15 January 2006, Melbourne 2006 may retain all of the Total Price.

8. Where any part of the Total Price is due and unpaid by Client, Melbourne 2006 may, in addition to its other rights and remedies under this Agreement or at law, recover the balance outstanding of the Total Price from Client as a debt immediately due and payable.

9. Melbourne 2006 reserves the right, without notice, to –

(a) change the function room at the Venue, food, beverages or any other component part of the Corporate Hospitality function package; or
(b) alter the Total Price as a consequence of any change in applicable government, statutory or other fees and charges.

10. Melbourne 2006 accepts VisaCard, MasterCard and Bankcard. Credit card fees and charges are not included in the Total Price and will be debited to the Client’s credit card with payment of the Total Price. Melbourne 2006 advises, and the Client acknowledges that the credit card fee is 1.5% and is inclusive of GST.

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