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FFC Corporate Hospitality Terms and Conditions 2021

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 2021 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; and

b)    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 2021; 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 2021;

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 2021; 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.  By electing to pay for your Hospitality Package via the FFC Freo Advantage Payment Plan you agree to the FFC Freo Advantage Payment Plan Terms and Conditions, which are accessed here.

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

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

3.6.  The total Invoice amount includes GST.

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

3.8.  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.

3.9.  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.

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

3.11.  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)    at this time, the impact (if any) that the coronavirus pandemic (Covid-19) may have on the 2021 Toyota AFL Premiership Season is not known and unquantifiable. 

b)    the pricing and associated benefits of your 2021 Fremantle Dockers Hospitality Package (outlined on your Hospitality Package Invoice) are modelled on a 23 round home and away season, and the assumption of 11 matches where FFC are assigned as the Home team at Optus Stadium for the 2021 Toyota AFL Premiership Season.

c)    if there is an impact to the 2021 Toyota AFL Premiership Season resulting in changes to the number of FFC Home Games at Optus Stadium, or Government regulations impact the ability to provide a full capacity venue, the 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 Hospitality Packages:

a)     Should the Customer wish to cancel part or the whole Hospitality Package and such cancellation is advised in writing to FFC within twenty-one (21) days of executing the Booking Form and agreeing to these Terms and Conditions, 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.

c)    cancellation of a single Match that is included within a Full Season Hospitality Package cannot occur less than fourteen (14) days prior to the Match for which it applies to.

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