2018/19 Brisbane Heat Matchday VIP Terms & Conditions
1.1 Queensland Cricket (QC) grants the Licensee a license to occupy and use the Premises including all fixtures, fittings, furniture and equipment located in the Premises from time to time on each cricket day during the Term for the purpose of viewing first class cricket matches subject to the terms and conditions herein set out. The Premises has been reserved for the Licensee’s personal use and cannot be assigned or otherwise dealt with.
1.2 The Licensee’s right to occupy and use the Premises shall be limited to:
(a) Your corporate facility/dining room will be available to access prior to the match/es you are licensed for as per the terms of this agreement. The facility/dining room will be open from:
- Test Match, One Day Internationals and Ryobi One Day Cup matches —one (1) hour prior to the start of each day’s play
- International and Big Bash League Twenty20 matches —ninety (90) minutes prior to the start of play
- Sheffield Shield matches —thirty (30) minutes prior to the start of each day’s play
(b) You are entitled to stay in your corporate facility/dining room for:
- One (1) hour after ‘stumps’, however If ‘stumps’ is called more than one (1) hour before the scheduled finish time, you may stay in your corporate facility until the scheduled finish time.
2. PAYMENT TERMS
2.1 The Licensee must pay the Fee by cash, cheque or credit card made payable to QC at the time of the booking, or by direct credit in accordance with the payment terms printed on the Tax Invoice/Receipt issued by QC.
2.2 No tickets will be issued to the Licensee until full payment of the fee is received by QC.
3. LICENSEE’S OBLIGATIONS
3.1 The Licensee shall ensure that all functions, meetings and other activities conducted at the Premises in accordance with the permitted use thereof are conducted in such a manner and the employees, agents, invitees and guests of the Licensee behave in such a manner so that nothing shall be done to harm the reputation of QC or offend in any way against any statute, regulation, ordinance or by-law, whether Federal, State, local or issued by Stadiums Queensland (SQ).
3.2 QC or SQ by its servants or agents may at all reasonable times without prior notice enter upon and inspect the condition of the Premises. The Licensee shall not alter, add to or damage the fixtures, fittings, appointments, furniture and equipment contained within the Premises.
3.3 The Licensee cannot sell, offer for sale, trade or use as prizes in any promotion any rights to use the Premises or any of the package inclusions unless you first obtain the separate written approval of QC.
3.4 The Licensee shall ensure that no more than the number of people as notified by QC from time to time as a maximum number of people can occupy or use the Premises at any one time.
3.5 The Licensee shall ensure that none of its employees, agents, invitees or guests smoke in or about the Premises. The Licensee acknowledges that smoking is prohibited at the Ground except in specially designated areas on the external concourse.
3.6 The Licensee must pay the normal charges for food and beverages supplied to the Premises by Michael O’Brien Catering and consumed by the occupants of the Premises.
3.7 Under no circumstances may food or beverages other than those provided by Michael O’Brien Catering be consumed within the Premises.
4. QC’S RIGHTS
4.1 QC or SQ by its servants or agents shall be entitled to require the Licensee at any time to remove from the Premises any person whose conduct is deemed by QC or SQ by its servants or agents to be offensive or likely to interfere with the proper use and enjoyment of the Ground by other parties and the Licensee shall forthwith ensure that such person is removed from the Premises.
4.2 QC shall not be held liable for the failure of any cricket match to be held on a cricket day due to any circumstance beyond its reasonable control. QC does not warrant or guarantee that any cricket match will be of a minimum duration or number of overs and QC shall not in any way be liable for a cricket match which does not continue for any appreciable length of time.
4.3 QC shall not be liable for any failure to perform its obligations if such failure is caused by any event or circumstance which is beyond the control of QC including storm, tempest, fire, act of nature and the unavailability of the Premises or any goods or services because of any event or circumstance which is beyond the control of QC
5.1 The Licensee shall indemnify QC against all actions, suits, claims, pro-ceedings, losses and damages for which QC shall or may be liable in respect of the Licensee’s use and occupancy of the Premises and in respect of all losses, damages, accidents or injuries of whatsoever nature and howsoever occasioned (and whether to any property or to any person or resulting in the destruction of any property or the death or injury of any person) at, upon or in connection with the use by the Licensee, its employees, agents, invitees and guests of the Premises.
6.1 QC shall not be liable for any damage (whether direct, special or consequential), death, personal injury or property damage arising out of the Licensee’s use of the Premises or for defects or deterioration to the condition of the Premises cause by wear or tear, accidents, lighting, dampness, neglect, misuse, overloading, overcrowding or other conditions due directly or indirectly to circumstances beyond QC’s control. QC shall not be liable for the negligence of any of the servants or agents of the party supplying the services of waiters, waitresses and/or catering services to the Premises.
7.1 Cancellation by the Licensee
(a) Any cancellations must be made in writing
(b) Where the Licensee cancels;
i. More than 40 days prior to the first match date in the purchased pack-age, 25% of the Fee will be retained (or be recovered from the Licensee) by QC.
ii. Between 11 and 40 days prior to the first match date in the purchased package, 50% of the Fee will be retained (or be recovered from the Licensee) by QC.
Iii. Less than 11 days prior to the first match date in the purchased pack-age, the full amount of the Fee will be retained (or be recovered from the Licensee) by QC.
7.2 Cancellation caused by poor weather on match day/s.
(a). Once gates are open on the day of the matches you are licensed for as per the terms of this agreement (“the original match day”), all corporate packages will go ahead. If poor weather causes a cancellation after gates are opened on the original match day, the terms of this agreement will still apply. Should the event then be transferred to another day QC is under no obligation to supply any hospitality on the original match day.