FFC Corporate Hospitality Terms and Conditions 2022

1.   Definitions

1.1.  In these terms and conditions:

Terms and Conditions means these terms and conditions, which contain the agreement between the Customer and FFC described in Clause 2 and the Booking Form.

Applicable Law means the law (including consumer protection legislation) applying in the state or territory (as applicable) in which FFC AFL games take place.

Booking Form means the hospitality package booking form completed by the Customer and submitted to FFC online, in person or via email.

Customer means the person or company specified as the customer on the Invoice/Booking Form.

Guest means the Customer and any person attending the Match using a Hospitality Ticket issued in relation to the Hospitality Package.

Hospitality Facility means the shared or private corporate hospitality facility designated by FFC to provide the Hospitality Package at Optus Stadium for the 2022 Toyota AFL Premiership Season.

Hospitality Package means the hospitality package specified on the Invoice and Booking Form, which may be designated as any one of the following categories – Inside 50, Premium Corporate Reserve, Premium Suites, President’s Suite, Field Suite, Player Sponsorship, Official Partner, The Pavilion or Social Suite.

Hospitality Ticket means any ticket, pass or other document in digital copy only issued by FFC allowing entry to the relevant Hospitality Facility at Optus Stadium in accordance with the details indicated thereon.

Invoice means the invoice issued by FFC to the Customer including the details of the Customer, Hospitality Package, payment and other details, which forms part of the Terms and Conditions.

Match means the Toyota AFL Premiership Season home qualifying Match in which FFC is participating, the particulars of which are indicated on the Hospitality Ticket or Booking Form.

2.   General

2.1.  Subject to these Terms and Conditions, FFC grants the Customer and Guests the right to use and access the Hospitality Facility during the designated Match times in accordance with these Terms and Conditions for the purpose of watching the Match and the Customer providing hospitality services to Guests.

2.2.  All Hospitality Packages are issued subject to these Terms and Conditions, which together with the Invoice and Booking Form, form a binding contract between FFC and the Customer commencing on the date of the Invoice (Confirmation Date).

2.3.  These Hospitality Terms and Conditions incorporate:

a)    the Optus Stadium Conditions of Entry

b)     AFL Conditions of entry; and

c)     any terms and conditions contained in or published on each Hospitality Ticket.

2.4.  Any person who fails to comply with the Terms and Conditions shall be refused admittance to or be ejected from Optus Stadium.

3.   Payment

3.1.  The total price of the Hospitality Package (Full Payment) must be paid by the Customer either:

a)    via bank transfer up front in full within 30 days of receipt of the Invoice; or

b)    via bank transfer in two equal instalments, one instalment due 30 days from receipt of the Invoice and the second instalment due prior to 16 March 2022; or

c)    via credit card with Full Payment being deducted within 30 days of receipt of the Invoice;

d)    via credit card in two equal instalments, one instalment being deducted within 30 days of receipt of the Invoice and the second instalment due prior to 16 March 2022;

e)    via credit card in four equal instalments, one instalment being deducted within 30 days of reception of the Invoice and the remaining balance to be deducted in equal monthly instalments ending 16 March 2022; or

 f)    via credit card in line with the FFC Freo Advantage Payment Plan (for certain Hospitality Packages only).

3.2.  If payment is not able to be made in accordance with Clause 3.1, FFC may discuss with the Customer bespoke invoicing or credit card payment schedules based on individual Customer circumstances.

3.3.  The right to access the Hospitality Facility by a Customer does not vest until the Full Payment has been received by FFC.

3.4.  No Hospitality Tickets will be provided to the Customer until the Full Payment has been received by FFC.

3.5.  The total Invoice amount includes GST.

3.6.  Subject to this Clause, and the Cancellation or Rescheduling section below, all Hospitality Packages are non-refundable.

3.7.  Any costs, expenses or disbursements incurred by FFC in the maintenance of the Customer’s account, including finance charges relating to dishonoured payments, debt collection agency fees and legal costs arising will be borne by the Customer.

3.8.  FFC advises, and the Customer acknowledges:

a)    it is your responsibility to ensure that there are sufficient clear funds available in your bank or credit card account to allow a payment to be made in accordance with the debit request.

b)    if there is insufficient clear funds in your bank or credit card account to meet the payment, you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time to enable FFC to process the payment.

3.9.  Payment via MasterCard or Visa will incur a 1% surcharge. Payment by Amex    will incur a 3% surcharge.

3.10.  If, on request of the Customer, FFC orders food and beverages over and above any included within the Hospitality Package on behalf of the Customer, the Customer must pay all costs and charges for such food and beverages.

4.   Hospitality Tickets

4.1.  Hospitality Tickets will be issued to the Customer in digital format only.

4.2.  The Customer agrees that only digital Hospitality Tickets on mobile or electronic devices can be used for entry to the Match.

4.3.  Digital Hospitality Tickets that are printed at home are not valid for Matches at Optus Stadium.  

4.4.  Each valid digital Hospitality Ticket has a unique identifier. This unique identifier allows one entry only, so please ensure that each Guest attending the Hospitality Facility has his or her own digital Hospitality Ticket.

4.5.  FFC does not allow the purchasing of a digital Hospitality Ticket except from FFC or through one of our authorised sales channels.

4.6.  The Customer will be responsible for distributing the Hospitality Tickets to their Guests. No person will be admitted to the Hospitality Facility without a valid Hospitality Ticket. No liability is accepted by FFC in the event that a Guest is denied entry to the Hospitality Facility or any other part of Optus Stadium as a result of the Customer’s or Guest’s failure to comply with this FFC Hospitality Terms and Conditions.

4.7.  The Customer shall be responsible for the acts and omissions of the Customer and the Guest while at Optus Stadium, and the Customer will ensure that the Guests always understand and comply with all terms of these Terms and Conditions.

4.8.  Customers must not, and must ensure that Guests do not advertise, auction or otherwise offer for sale, use as a competition prize, exchange for valuable consideration, assign, licence, bundle with other goods or services or otherwise commercially deal with any of the rights benefits and entitlements contained in these Terms and Conditions (including, without limitation the Hospitality Tickets or without the prior written consent of FFC’s Chief Executive officer or their nominee).

4.9.  Any Hospitality Ticket acquired in breach of these Terms and Conditions shall be null and void. FFC is entitled to confiscate, cancel or invalidate any Hospitality Ticket or Match tickets offered for sale, sold or acquired in breach of these Hospitality Terms and Conditions.

4.10.  The Customer acknowledges that FFC does not guarantee:

a)    whether the Match or any play will take place on the Match date;

b)    the identity of the players who will appear in the Match.

5.   Cancellation or Rescheduling

5.1.  FFC advises and the Customer acknowledges that:

a)    as the 2022 Toyota AFL Premiership Season continues, it is important to acknowledge the uncertainty surrounding COVID-19 and concerns our customers have around the affect it may have on the 2022 Toyota AFL Premiership season.

b)    the AFL's ability to successfully adapt and deliver a revised fixture in 2021 instils confidence that we will be able to deliver a full 2022 Toyota AFL Premiership with limited interruptions.

c)   should there be an interruption to the 2022 Toyota AFL Premiership Season and the customer's purchased Hospitality Package is affected, FFC will provide affected customers with pro-rata refunds, credits or other options to address any material reduction or significant change in the match access and hospitality benefits of their Hospitality Package.

5.2.  Full Season and Multi Game Hospitality Packages:

a)     Should the Customer wish to cancel the whole Hospitality Package and such cancellation is

        i) advised in writing to FFC within fourteen (14) days of executing the Booking Form and agreeing to these Terms and Conditions; and

        ii) not less than fourteen (14) days of the commencement of the hospitality package (i.e. the first game of the Premiership season or the first home game of a multi game Package, as applicable)

FFC will refund the unused package in full less any administrative expenses. Any used asset will not be refunded.

b)    for any cancellation not covered by Clause 5.2.a) FFC will charge 100% of the cancelled Hospitality Package / Tickets, and no refund will be provided.

5.3.  Single Match Hospitality Packages: Cancellation of a Hospitality Package for any single Match cannot occur:

         a) after fourteen (14) days from executing the Booking Form and agreeing to these Terms and Conditions; or   

         b) less than fourteen (14) days prior to the Match for which it was provided.

5.4.  The Customer agrees once access to Optus Stadium is given or made available to the Customer and their Guests, the full Hospitality Package will be deemed to have been provided by FFC and received by the Customer and the Guests, and accordingly the Customer and the Guests will not be entitled to any refund of the Hospitality Package if access is given and certain factors outside the control of FFC cause cancellation of the Match or results in FFC not being able to deliver some elements of the Hospitality Package.

5.5.  In the event that FFC is obliged to make any material change to a Hospitality Facility or cancel that Hospitality Facility for any reason, FFC will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal or a superior standard (as determined by FFC at its absolute discretion). In the event that the alternative arrangement offered by is not of at least equal or a superior standard then the Customer may elect to:

a)    accept the alternative arrangement offered by FFC and, upon request, receive a refund of the difference in the cost between the original Hospitality Package and the alternative arrangement (the amount of such refund to be determined by FFC in its absolute discretion); or

b)    upon written request, receive a refund the part of the Full Payment the Customer has paid to FFC in which case these Terms and Conditions will terminate with immediate effect.

5.6.  Refunds take seven (7) to fourteen (14) days to be processed and will be returned in the manner in which you paid. This refund policy is not intended to limit the responsibilities of FFC with respect to any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).

5.7.  FFC will refund to the Customer any part of the Full Payment that has been paid (less an administration fee) if the Customer is otherwise entitled to a refund under any Applicable Law.

5.8.  The FFC Membership Refund Policy does not apply to these Terms and Conditions.

6.   Liability and Indemnity  

6.1.  To the fullest extent permitted by law, FFC excludes all warranties or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Hospitality Package.

6.2.  Subject to Clause 6.6, FFC shall not be liable to the Customer in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms and Conditions for:

a)    any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect);

b)    any indirect or consequential loss or damage.

6.3.  Subject to Clause 6.6, FFC shall not be liable for:

a)    any injury whatsoever to the Customer or Guests, nor for any loss or damage to or theft of their property howsoever such injury, loss or damage may be caused; or

b)    any damage, loss, delay or expense incurred by the Customer owing to any event beyond FFC’s control. Subject to Clause 6.4, FFC’s total liability if such an event arise shall be to use reasonable endeavour to make alternative arrangements, including holding the Match (if applicable) at the next best alternative date or providing alternative hospitality facilities at Optus Stadium pursuant to Clause 5.4.

6.4.  FFC’s maximum liability to the Customer under, or in connection with, these Terms and Conditions shall be limited to the amount actually paid by the Customer to FFC for the Hospitality Packages.

6.5.  The Customer shall be responsible for and reimburse FFC for any loss, damage, costs and expenses (including, without limitation, loss of profits), that the Customer or its Guests are responsible for, whether within the Hospitality Facility or elsewhere within the Venue. If the Customer is responsible for such damage or loss, FFC shall be entitled to Invoice the Customer and the Customer shall pay such Invoice immediately.

6.6.  Nothing in these Terms and Conditions shall limit or exclude either party’s liability for death or personal injury caused by its negligence or for any loss, damage, costs and expenses caused by an act of fraud or which may not lawfully be excluded.

7.   Signage, Advertising and Promotions

7.1.  The Customer must not use the FFC logo or any other FFC intellectual property for promotional activities such as trade promotions, giveaways, competitions, auctions raffles or prizes without the prior written consent of FFC, such consent to be granted in FFC’s absolute discretion.

7.2.  Promotional items that the Customer wish to provide to their Guests will not be permitted unless FFC provides its consent in writing, such consent to be granted in FFC’s absolute discretion.

7.3.  No advertising or promotion by a Customer will be permitted within Optus Stadium without the prior written consent of FFC, such consent to be granted in FFC’s absolute discretion.  

7.4.  By booking and/or attending a Hospitality Facility at an FFC match, the Customer acknowledges and agrees that photographs, film recordings, sound recordings and other material may be captured by FFC for the purpose of marketing and promotional activities. All attendees waive the right to approve and receive any financial benefit for such material.

8.   Hospitality Conduct

8.1.  The Customer shall always be responsible for the conduct of its Guests.

8.2.  Dress codes are maintained for many FFC events. Generally, details will be included on tickets and / or detailed event information provided to the Customer. It is the Customer’s responsibility that their Guests meet the applicable dress code.

8.3.  FFC reserves the right to refuse entry of Guests who don’t adhere to the dress code.

8.4.  Minimum age restrictions are maintained for several Hospitality Facility’s, with details included on the Hospitality Ticket. It is the Customer’s responsibility to ensure their Guests meet the applicable age restrictions and FFC reserves the right to refuse entry to Guests who are not of the minimum age specified. FFC dining functions at Optus Stadium are strictly 18+. For the sake of clarity these functions include the Fremantle Dockers President’s Suite, Inside 50 and Centre Circle.

8.5.  The Customer acknowledges that, pursuant to any Applicable Law, FFC may (or may procure that third parties):

a)    terminate liquor service at the Hospitality Facility at a certain hour, or at a certain time after completion of the Match on any specific day;

b)    require all Guests to vacate the premises within a certain time after completion of the Match on a specific date;

c)     terminate liquor service at the Hospitality Facility and require the vacation of the Hospitality Facility at an earlier time where it is reasonable to do so;

d)    remove intoxicated and/or disruptive persons (including the Customer’s Guests) from the Hospitality Facility and the Venue (including persons causing the Customer to breach these Terms and Conditions; and

e)    refuse to serve liquor to a person (including a Guest) under the age of 18 or a person that is intoxicated.

9.   Termination and Expiration

9.1.  FFC may terminate the Terms and Conditions  (including refuse entry to you and your Guests to the Match, the Hospitality Facility or Optus Stadium or remove you and your Guests from the Match, the Hospitality Facility or Optus Stadium) immediately, without refund, if you breach any term of these Terms and Conditions.

9.2.  Termination or expiration of these FFC Hospitality Terms and Conditions 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 these Terms and Conditions are expressed to survive or are capable of surviving such expiry or termination.

10.   Privacy

10.1.  Your privacy is important to us. FFC have collected your personal information in order to provide membership, Hospitality Package services and benefits.

10.2.  FFC will manage and protect your personal information in accordance with FFC’s Privacy Policy, which can be found here.

11.   General

11.1.  These Terms and Conditions set out the entire understanding between FFC and the Customer in respect of the subject matter of these Terms and Conditions.  

11.2.  Any issues regarding dispute or interpretation of these Terms and Conditions must be resolved in accordance with the laws of the State of Western Australia and all Customers are bound by the non-exclusive jurisdiction of the courts of Western Australia.

 

 

FFC Advertising Terms and Conditions 2022

 

The following terms and conditions are only applicable where an Advertising Campaign has been purchased via the Booking Form:

  1. Definitions
    1. In these terms and conditions:

Advertiser means the advertiser specified in the Booking Form.

Advertising Campaign means the advertising campaign requested by the Client and as documented on the Booking Form, which includes a start date, end date and the number of FFC games the advertising campaign will run for.

Advertising Materials means campaign advertising material in such media or formats required for the Advertising Campaign, and includes without limitation digital files, LED graphic design, printed advertising material and any product samples.

Agreement means the contract formed when FFC accepts a Booking Form and will include any subsequent documentation issued by FFC containing details of the Advertising Campaign and advertising and other services to be provided by FFC, of which these Terms form part.

Applicable Law means the law (including consumer protection legislation) applying in the state or territory (as applicable) in which FFC AFL games take place.

Booking Form means the advertising booking form completed by the Client and submitted to FFC online, in person or via email.

Client means the person or company specified as the client on the Booking Form.

Confidential Information includes without limiting its ordinary meaning, information, whether oral, written or recorded electronically and including all copies or extracts, known to the Client or in the Client’s possession or control, relating to the affairs, transactions, customers or business of FFC, including the existence or terms of the Agreement and the price or pricing offered by FFC.

Optus Stadium means the physical structure located on the Burswood Peninsula where FFC home matches are played.

Terms means these terms and conditions, which contain the agreement between the Customer and FFC described in Clause 2 and the Booking Form.

  1. General and Formation of Contract
    1. These Terms govern the purchase by the Client of the Advertising Campaign and for the avoidance of doubt, applies to the purchase and supply of services by FFC to the Client.
    2. These Terms prevails over any other terms and conditions, quotations, estimates, proposals or any other documents issued, supplied or referred to by or on behalf of FFC, unless FFC has expressly agreed in writing to the incorporation of such other terms.
    3. These Terms apply to:
      1. LED or digital advertising (including scoreboard and IPTV) booked through FFC at Optus Stadium during FFC matches;
      2. fixed static advertising booked through FFC at Optus Stadium during FFC matches; and
      3. online advertising that is displayed on the FFC website or via social media channels.
    4. By completing a Booking Form, the Client accepts and agrees to be bound by these Terms in full.
    5. These Terms incorporate and are subject to the AFL Commercial Operations Guidelines and the AFLW Commercial Operations Guidelines.
  2. Advertising Campaigns
    1. The specific details of the Advertising Campaign are as set out in the Booking Form (submitted to FFC and attached as a schedule to these Terms).
    2. The details of any additional advertising campaigns will be set out in separate terms, advertising orders or Booking Forms.
  3. Payment, charges and costs
    1. The total price of the Advertising Campaign (Full Payment) must be paid by the Client either:
      1. via bank transfer up front in full within 30 days of Agreement; or
      2. via bank transfer in two equal instalments, one instalment due 30 days from the Agreement and the second instalment due 60 days from the date of the Agreement; or
      3. via credit card with Full Payment being deducted within 30 days of Agreement; or
      4. via credit card in two equal instalments, one instalment being deducted within 30 days of Agreement and the second instalment due 60 days from the date of the Agreement.
    2. Subject to this Clause, and the Cancellation, Default or Termination section below, all Advertising Campaigns are non-refundable.
    3. Any costs, expenses or disbursements incurred by FFC in the maintenance of the Client’s account, including finance charges relating to dishonoured payments, debt collection agency fees and legal costs arising will be borne by the Client.
    4. FFC advises, and the Customer acknowledges:
      1. it is your responsibility to ensure that there are sufficient clear funds available in your bank or credit card account to allow a payment to be made in accordance with the debit request.
      2. If there is insufficient clear funds in your bank or credit card account to meet the payment, you must arrange for the payment to be made by another method or arrange for sufficient clear funds to be in your account by an agreed time to enable FFC to process the payment.
    5. Payment via MasterCard or Visa will incur a 1% surcharge. Payment by Amex will incur a 3% surcharge.
    6. All costs associated with design, artwork and preparation of Advertising Material for the Advertising Campaign will be payable by the Client or charged to its account.
    7. Where the Client has indicated that any costs associated with production, installation or display of the Advertising Campaign should be charged directly to a third party, the Client remains responsible for the costs until such time as they are paid in full by that third party.
    8. Where the Client is acting as an agent for the Advertiser, the Client and the Advertiser will be jointly and severally liable for payment of all money due under this Agreement and a reference to the Advertiser in relation to payment will include a reference to the Client. The Client warrants to FFC that the Client has executed this Agreement on behalf of the Advertiser as agent for the Advertiser and with the Advertiser’s authority.
  4. Provision of Artwork by Client
    1. The Client will provide all material and artwork that are required for display as part of the Advertising Campaign.
    2. All changes to Advertising Materials made by the Client must be in writing to FFC and must be received prior to the lead-time deadline prior to the commencement of the Advertising Campaign.
    3. The Client is required to physically proof its own materials artwork before submission to FFC. FFC accepts no responsibility for any errors in print or the electronic image quality resulting from poor artwork or photography. If physical proofs are required, an additional charge will apply. All graphics will be printed and displayed as per the format provided by the Client.
    4. If the Client uses third parties to serve the advertisement, the Client will be responsible for such third parties’ compliance with these Terms.  
  5. Approval or removal of Advertising Material
    1. The Client acknowledges that certain Advertising Material may be sensitive or controversial and that third parties including landowners may have an interest in or be affected by the display of certain advertising content. FFC may at its absolute, and at any time, refuse to accept or display any material, remove Advertising Material from public display, terminate these Terms without liability or take any other action where:
      1. approvals are withdrawn by any relevant party for the use of all or any site locations where the Advertising Material is to be displayed (principally Optus Stadium);
      2. a relevant authority (including any regulator), the Client, or any owner, controller, lessee or licensor of the site locations requires;
      3. FFC considers, acting reasonably, that Full Payment or any charges are unlikely to be paid by their due date;
      4. the Advertising Campaign is deemed in the reasonable opinion of any credible advertising industry body, FFC or site location owner, not to be in keeping with the prevailing community standards or otherwise inappropriate for display.
  6. Advertising Materials to comply with Applicable Law and codes
    1. The Client warrants that always throughout the Advertising Campaign:
      1. Advertising Materials must not be and FFC may remove any advertisement that any regulator or Government Authority determines or expresses an opinion to be:
        1. illegal;
        2. contrary to any Laws or applicable AANA Codes of Practice;
        3. contrary to any applicable industry codes including codes administered by a Regulator;
        4. contrary to the requirements, decisions or directions of relevant Regulators;
        5. false, misleading or deceptive or likely to mislead or deceive;
        6. indecent, obscene, threatening, discriminatory or defamatory.
      2. The Advertising Materials and any related material provided to FFC do not infringe the intellectual property or other rights of any person and the Client has obtained all required consents and approvals to use the proposed advertising material as contemplated by the Terms.
  7. Cancellation, Default or Termination
    1. In the event that:
      1. any amount payable by the Client to FFC is overdue or in FFC’s opinion the Client is unlikely to be able to meet its payment or other obligations to FFC; or
      2. the Client breaches any other term of the Agreement or fails to meet any other obligation to FFC;
    2. FFC will be entitled to, in its absolute discretion:
      1. cancel all or any part of the Agreement which remain unfulfilled; or 
      2. terminate the Agreement immediately.
    3. The Client may cancel this Agreement at any time up to the date that is 28 days prior to the commencement of the Advertising Campaign with 15% of the Full Payment payable upon cancellation for the full term of the Agreement.
    4. If the Advertising Campaign is cancelled within 28 days prior to the start date, 100% of the Full Payment is payable, however, the Client may still run the Advertising Campaign at a later date. The rescheduling date of the Advertising Campaign is at the absolute discretion of FFC and is subject to availability based on other advertising campaigns being run by FFC.
    5. All cancellation notices or requests must be made in writing.
    6. Refunds take seven (7) to fourteen (14) days to be processed and will be returned in the manner in which the Client paid.
    7. This refund policy is not intended to limit the responsibilities of FFC with respect to any statutory consumer rights under any applicable law including the Competition and Consumer Act 2010 (Cth).
    8. FFC will refund to the Client any part of the Full Payment that has been paid (less an administration fee) if the Client is otherwise entitled to a refund under any Applicable Law.
  8. Liability and Indemnity  
    1. To the fullest extent permitted by law, FFC excludes all warranties or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Advertising Campaign.
    2. FFC shall not be liable to the Client in contract, tort (including negligence) or otherwise arising out of or in connection with these Terms for:
      1. any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect);
      2. any indirect or consequential loss or damage.
    3. Under no circumstances will FFC (including its officers, employees or agents) be liable to the Client for special, incidental or indirect damages or for any economic consequential damages, or lost profits, business, revenue, goodwill or anticipated savings, even if FFC were aware of the potential for such loss or damage.
    4. FFC’s maximum liability to the Customer under, or in connection with, these Terms shall be limited to the amount actually paid by the Client to FFC for the Advertising Campaign.
    5. Nothing in these Terms shall limit or exclude either party’s liability for death or personal injury caused by its negligence or for any loss, damage, costs and expenses caused by an act of fraud or which may not lawfully be excluded.
  9. Insurance
    1. The Client must maintain:
      1. public and product liability insurance in respect of liability under this Agreement for an amount of not less than A$10 million for any one occurrence (in aggregate in respect of products liability), and including coverage against liability for the death of or injury to any person or loss of, destruction of or damage to property due to or arising out of occurrence happening in  connection with the Advertising Campaigns;
      2. worker’s compensation insurance as required by law.
    2. These insurances must be maintained with a reputable Australian insurer and the Client must provide evidence of such insurances by way of a certificate of currency to FFC within 7 business days of such request being made.
  10. Ownership of Advertising Materials
    1. The title in the Advertising Materials remains with the Client, however, the Client agrees:
      1. FFC has the right to do all things with the Advertising Materials to perform its obligations under these Terms; and
      2. FFC has no liability to the Client for loss or damage caused to the Advertising Materials, including during design and display.
  11. Confidentiality and Publicity
    1. The Client must not use or disclose or otherwise make available any Confidential Information to any other person except where required by law, or where essential for the purposes of performing this Agreement and then only with FFC’s prior written consent.
    2. The Client will not disclose fees or how the price charged by FFC under the       Agreement is calculated.
  12. Privacy
    1. Personal information collected by FFC is used, stored and disclosed in accordance with FFC’s Privacy Policy, which can be found here.
    2. The Client must comply with all applicable privacy laws, including without limitation that all necessary disclosures and consents have been made and obtained in relation to any personal information collected, used or disclosed as part of any Advertising Campaign, whether or not such information comes in FFC’s possession or control.
  13. Dispute Resolution
    1. In the event that a dispute arises under or in connection with the Agreement:
      1. the parties shall first seek to negotiate a resolution in good faith for a period of fourteen (14) days from the date that the dispute is first notified by one party to the other;
      2. if the parties cannot resolve the dispute pursuant to clause 14.1, the parties’ CEO’s must meet in good faith within a further two (2) days to attempt to resolve the dispute; and
      3. if the parties cannot resolve the dispute pursuant to clause 14.1.a), they may commence proceedings or take other legal action.
  14. General
    1. These Terms set out the entire understanding between FFC and the Client in respect of the subject matter of these Terms.
    2. Any issues regarding dispute or interpretation of these Terms and Conditions must be resolved in accordance with the laws of the State of Western Australia and all Clients are bound by the non-exclusive jurisdiction of the courts of Western Australia.
    3. Any notice required to be given under this Agreement by any party to another shall be in writing addressed to the intended recipient at the address last notified by the intended recipient to the party giving the notice.
    4. No amendment or variation of, or waiver of a right created under, this Agreement is valid or binding on a party unless made in writing and executed by the parties to this Agreement.
    5. The Client may not assign or novate its interest in this Agreement, except with the prior written consent of FFC (such consent not to be unreasonably withheld).