The completed, signed and dated application form (Form) and these terms (including any incorporated terms) form a legally binding contract (Agreement) between the person named on the Form (Client) and Brisbane Roar Football Club Pty Ltd ABN 49 136 768 566 (BRFC).
This Agreement sets out the terms on which Client will acquire, and BRFC will supply, the Hospitality Product.
1. If Client is successful in Client application for hospitality, BRFC will send confirmation and receipt via email.
2. BRFC will distribute Suite/Box allocation, Tickets, hospitality passes and event information to Client;-
a. If the application Form is received by BRFC more than 14 days before game day, then no less than seven days before game.
b. If the application form is received by BRFC less than 14 days before game day, tickets can be collected from BRFC Head Office at Ballymore or collected on game day.
3. BRFC will not:
(a) process any Form which is incomplete; or
(b) accept any changes to the Form (except for change of Contact Details which is Client-s responsibility).
4. BRFC reserves the right to not accept any Form in its absolute discretion.
5. Client must pay BRFC the Hospitality Product price (as indicated on the Form) in full to ensure confirmation of application by credit card or direct debit. All payments made by direct debit must be accompanied by faxed confirmation of direct debit.
6. 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, without the prior written consent of BRFC; or
b. comply with all any reasonable directions given by BRFC or the Stadium from time to time.
7. It is an essential condition of this Agreement and of the right of admission to the Match conferred on the holder of a Ticket that Client and each subsequent holder of the Ticket agrees with the BRFC:
(a) not to resell or transfer the ticket 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 or services; and (c) not to bundle it with other goods or services, without the BRFC-s prior written consent. If this condition is breached, the BRFC may, in addition to any other remedy and even if the holder of the Ticket did not have notice of the condition of the breach, deny the holder admission to the Match and retain the price of the Ticket.
Cancellation, security and behaviour
8. BRFC reserves the right to cancel hospitality at any time if, in the opinion of BRFC, a person engages in disruptive behaviour which is deemed prejudicial, or likely to be prejudicial, to the interests or reputation to the game, BRFC, Football Federation Australia, or any of their 2 sponsors; or breaches any of the Terms and Conditions governing the Match, including this Agreement and Hyundai A-League Terms and Conditions available at www.a-league.com.au
Disruptive behaviour may include any attempted or actual act or omission by a person that constitutes a breach of Terms of Admission, Stadium or BRFC Conditions or Entry or FFA Spectator Code of Behaviour; or behaviour that jeopardises, or has the potential to jeopardise, the safety or security of
BRFC the right to decline any application for hospitality in its absolute discretion.
Limitation of liability
9. Nothing in this clause 9 affects Client rights under the Competition and Consumer Act 2010 (Cth) or similar legislation under which BRFC-s liability may not be excluded, restricted or modified by private agreement.
(a) If the BRFC is liable to Client for any:
(i) breach by BRFC of any express term of this Agreement;
(ii) breach by BRFC of any term implied into this Agreement under the general law; or
(iii) any tort committed by BRFC (including negligence but not including fraud),
the BRFC-s liability to Client is limited (at BRFC-s election) to BRFC repaying any amounts paid by Client under this Agreement or supplying or resupplying any Hospitality Product or Tickets to which Client is entitled in accordance with the terms of this Agreement.
10. Client indemnifies BRFC against any loss or property damage to the Stadium arising out of or as a consequence of Client-s use of the Stadium-s facilities or services. Client agrees not to bring any claim or proceeding against BRFC for any damage, loss, injury or liability Client or a guest may suffer from accessing the Hospitality Product. Except for liability that by law cannot be excluded, BRFC excludes all liability to Client in tort (including negligence), contract or bailment for acts or omissions of BRFC or its employees arising out of or in relation to Matches, the Stadium or this Agreement.
Cancellation, refunds and replacements
11. Once Client Form is sent to BRFC, Client can not cancel the Hospitality Product and, without limiting clause 9, refunds and exchanges are allowed only as expressed in this Agreement.
12. BRFC will refund the face value of the Ticket if:
(a) the Ticket is for a for a Match which is cancelled and cannot be rescheduled;
(b) the Hyundai A-League is cancelled; or
(c) Client is entitled to a refund by virtue of clause 9.
13. If a Match is rescheduled to another date or venue, Client may either:
(a) obtain a refund of the face value of Hospitality Product for that Match;
(b) exchange for a Hospitality product of the same of lower face value to the rescheduled Match, provided Client contact BRFC, within a reasonable period of time beforethe rescheduled Match.
14. Client cannot exchange the Hospitality Product and Client cannot obtain a refund if:
(a) after a Match has started it is cancelled for any reason, including due to inclement weather; or
(b) the time of, or team participating in, a Match changes after the date Client purchased the Hospitality Product.
15. Subject to clause 9:
(a) BRFC is not liable to Client for any loss or damage Client suffers as a result of the Hyundai A-League or any Match being cancelled, postponed or changed; and
(b) BRFC disclaims the existence of any common law duty of care to Client and any guest or holder of a Ticket.
16. The BRFC respects the privacy of the individuals on whom BRFC collects, uses and discloses personal information. The personal information that BRFC collects on the Form is used for the purpose of processing Client hospitality and providing Client with football related information and offers from BRFC. If Client does not want to receive special offers from BRFC-s sponsors, please tick the appropriate box on this form below.
17. Client may request access to personal information that the BRFC holds about Client by calling BRFC Head Office on 07 3123 7112.
18. BRFC may choose not to enforce a term of this Agreement in some cases in its absolute discretion without affecting its right to enforce that term in other cases.
19. All dates, times, participating teams and venues of Matches are as specified on www.footballaustralia.com.au From time to time these may change without notice to Client.
20. This Agreement:
(a) is governed by the law applicable in the state of Queensland each party submits to the jurisdiction of the courts of that state;
(b) is the entire agreement between BRFC and Client in respect of its subject matter and supersedes any prior agreement, representation or promotional material; and
(c) may be varied by notification on the website.
21. In this Agreement:
Hospitality Product means the Hospitality Product selected by Client on the Form and supplied by BRFC on each Match day at the Stadium, including the supply of Tickets, food and beverages (if applicable), official match program and other gifts and benefits as specified in the Corporate Hospitality Brochure.
Match means a match in the Hyundai A-League in which BRFC participates in at the date, time and venue and against the opposing team as specified on www.footballaustralia.com.au from time to time, but excludes the Hyundai A-League Finals Series, AFC Champions League and any other match, competition or tournament staged or sanctioned by AFC or FFA.
Stadium means Suncorp Stadium or any other venue hosting a Match.
Ticket means the ticket allocations to Matches that forms part of the Hospitality Product.