The agreement between the Client or You and WCE is comprised of the Agreement Details and these Premium Package Terms and Conditions. In the event of any conflict between the Agreement Details and these Terms and Conditions, the Agreement Details will prevail. By purchasing a Package from the WCE, You agree to be bound by these terms and condition.
1. Definitions
1.1. In these terms and conditions:
Advertising Materials means all audio, visual and combined audio/visual advertising and promotional material including, without limitation, signage, leaflets, stationery, press releases, Internet material, radio broadcasts, television broadcasts and/or badges.
AFL means the Australian Football League ACN 004 155 211.
AFL Season means the men’s home and away Australian rules football season held during the Term that is conducted by the AFL and in which the West Coast Eagles fields a team.
Agreement means this agreement between the WCE and the Client and includes the Agreement Details, the payment details and these Premium Package Terms and Conditions.
Agreement Details means the Agreement Details signed by the Client setting out the Package and includes the payment details.
Assets means the benefits of the Package set out in the Agreement Details.
Client or You means the individual or the company set out in the Agreement Details who is purchasing the Package.
Client Guest means guests and invitees of the Client who are utilising the Assets.
Fee means the amount for the Package as set out in the Agreement Details payable by the Client to the WCE.
Full AFL Season means all 11 Home Qualifying Matches played at Optus Stadium during the Season.
Home Qualifying Match means those home and away games played at Optus Stadium during the AFL Season in which West Coast Eagles is the home team, excluding finals series matches.
Optus Stadium means the ground and stadium located at 333 Victoria Park Drive, Burswood, Western Australia 6100.
Package means the Asset or Assets purchased by the Client as set out in the Agreement Details.
Premium Facilities means the premium hospitality services at Optus Stadium including without limitation the functions rooms, private suites and open-air boxes.
Sponsorship Partner Sponsorship Partner means any company which enters into a sponsorship agreement with the West Coast Eagles for the right to the exclusion of any competitor, to promote their relationship for marketing, advertising and promotional purposes.
Stadium Conditions means the Stadium Conditions of Use published by VenuesLive at https://optusstadium.com.au/legal/conditions-of-entry, and all reasonable directions of VenuesLive.
Term has the meaning set out in clause 3.1.
Venue means the location at which the Asset is performed and includes without limitation the Premium Facilities, Optus Stadium or any other location as advised by the Club.
WCE or Club means Indian Pacific Limited trading as the West Coast Eagles.
2. Interpretation
2.1. In this Agreement, unless the context requires otherwise:
(a) headings are used for convenience only and do not affect the interpretation of this Agreement;
(b) the singular includes the plural and vice versa;
(c) if a word or phrase is defined, then its other grammatical form have a corresponding meaning;
(d) a reference to a clause is a reference to a clause of this Agreement;
(e) a reference to a document is to that document as amended, novated, supplemented, extended or restated from time to time;
(f) “person” includes a natural person, partnership, body corporate, association, joint venture, governmental or local authority and any other body or entity whether incorporated or not;
(g) a reference to all or any part of a statute, rule, regulation or ordinance (statute) is to that statute as amended, consolidated, re-enacted or replaced from time to time;
(h) “include”, “for example” and any similar expressions are not used and must not be interpreted, as words of limitation;
(i) a reference to a thing, including to a right, is a reference to either the whole thing or a part of the thing; and
(j) a reference to “dollars” and “$” is to Australian currency.
3. Term
3.1. The term of the Agreement commences on the date the Client executes the Agreement and continues until the completion of the final Asset in the Package unless terminated earlier in accordance with these terms and conditions (Term).
4. Fee and Payment
4.1. The Fee is based on the Assets of the Package set out in the Agreement Details, unless stated otherwise by the WCE.
4.2. The Client agrees to pay to the WCE the Fee for the Package in accordance with these terms and conditions and on the dates set out in the Agreement Details.
4.3. Should a change to the current GST rate of 10% be enacted during the term of this agreement West Coast Eagles reserve the right to pass this onto the Client.
4.4. Payment terms are strictly as invoiced and due on the instalment dates as set out in the Agreement Details. Failure to make payment by the due date is a breach of this agreement and will be dealt with in accordance with Clause 10.1.
4.5. If You provide the WCE with your Credit Card details:
(a) You consent to the Club charging that card in accordance with the Agreement Details;
(b) it is Your responsibility to ensure that there are adequate funds in Your account to cover the Fee (or the portion of the Fee being debited). In the event that any attempt to take a payment under this Agreement is dishonoured, whether due to insufficient funds, or any other reason, You will be responsible for all costs incurred by the WCE as a result, including without limitation any bank fees.
4.6. You agree that should the WCE be unable to take a scheduled payment on the payment day as set out in the Agreement Details, WCE will make further attempts at its discretion to debit the Fee (or the portion of the Fee being debited). If the Fee (or the portion of the Fee being debited) is unable to be collected by the WCE, You may, at the WCE absolute discretion be deemed to be in breach of this Agreement.
4.7. If You indicate in the Agreement Details that You wish to pay the Fee in instalments, You understand that the Club may provide the Assets to you in instalments that correlate with the percentage of the Fee paid by You.
4.8. The Tickets for the Assets, unless otherwise agreed by the WCE will be retained by the WCE until payment of the applicable Fee has been received.
5. Premium Facilities
5.1. Should the Package include any use of the Premium Facilities this clause 5 applies.
5.2. VenuesLive is an agent of VenuesWest appointed to manage the day to day operations of Optus Stadium and Stadium Park. VenuesLive as agent for VenuesWest has granted to WCE a licence permitting the use of the Premium Facilities. WCE has the right to market and sell those Premium Facilities.
5.3. The Client must comply with the Stadium Conditions whilst at Optus Stadium and must ensure that each of the Client’s Guests also comply.
5.4. The Client and Clients Guests must also comply with all terms and Conditions relating to match day access stipulated on the West Coast Eagles Membership website (Membership Terms & Conditions | West Coast Eagles (ticketmaster.com)).
5.5. A breach of any Stadium Condition by the Client or by a Clients Guest is a breach of this Agreement and will be subject to clause 10.1.
6. Use of the Assets
6.1. You understand and agree that You must comply with any rules put in place by the Venue when using any of the Assets. A breach of a Venue rule by the Client or by a Clients Guest may be a breach of this Agreement and may be subject to clause 10.1.
6.2. The Assets are as described in the Agreement Details. Any modifications to the Asset that You require will be at Your own costs and will be additional to the Fee already paid.
6.3. You are required at all times to comply with the WCE Code of Conduct set out in clause 18. Any breach of this Code of Conduct may result in the immediate termination of your Package.
7. Damage or Loss caused by the Client or their Invitees.
7.1. The Client is responsible for any damage to the Venue to the extent caused or contributed to by any act or omission of the Client or of the Client’s Guests.
7.2. The Client agrees that they will be charged for, and must pay to WCE on demand, the cost of any necessary repairs to the Venue caused or contributed to by the Client or any of the Client Guests.
7.3. The Client agrees that WCE is not responsible for any personal injury or death suffered by the Client or the Client Guests as a result of an act or omission of the Client or the Clients Guests including without limitation any failure to inform WCE or any third-party responsible for providing or assisting the WCE with providing the Asset, about any allergies or medical requirements of the Client or any of the Client Guests.
7.4. The Client is responsible for advising the WCE or any third-party responsible for providing or assisting the WCE with providing the Asset of any dietary requirements of them or their guests including without limitation any food allergies. The Client indemnifies the WCE against any loss, claim or cause of action howsoever arising as a result of a breach of this requirement.
8. Ticket On selling
Tickets may not, without the prior written consent of WCE be resold or offered at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a ticket is sold or used in breach of this condition, the ticket may be cancelled without a refund and the bearer of the ticket will be refused admission. In addition, the resale of tickets in certain circumstances is governed by tickets sales legislation and may attract criminal penalties. If The Client is caught replicating or duplicating match day tickets, it will result in expulsion from the applicable stadium or venue in addition to the immediate cancellation of the Package.
9. Termination
9.1. The Client agrees that:
(a) not less than 30 days prior to the commencement of the first Asset in the Package, the Client may terminate this Agreement and the WCE will, at the Clients election, either provide a credit or refund of the Fee or portion of the Fee that has been paid to WCE.
(b) within 30 days of the date of the first Asset in the Package, the Fee is non-refundable. Should the Client wish to terminate this Agreement for any reason other than a Valid Reason within 30 days of the commencement of the first Asset in the Package then the Client must pay to WCE the total amount equal to the Fee.
(c) if the Client wishes to cancel this Agreement less than 30 days prior to the commencement of the first Asset of the Package or at any subsequent time during the Term, for a Valid Reason, then the Client must submit a request in writing to the WCE to terminate this Agreement. This submission must be provided to the WCE in writing and must outline the basis of the Valid Reason; and
(d) if the WCE acting reasonably determine that the Clients reason for requesting to terminate the Agreement constitutes a Valid Reason then the WCE will work with the Client to offer alternative benefits, or if alternative benefits cannot be agreed WCE will provide to the Client, at the Clients election, either a refund or credit on a pro-rata bases the amount for the Assets that the Client was unable to utilise as a direct result of the Valid Reason.
9.2. For the purpose of this clause 9:
9.2.1. Valid Reason means a reason that the WCE considers to be a significant and ongoing change of personal circumstances, that is not a change of mind, is beyond the reasonable control of the Client and, means that the Client is unable to utilise any further Asset immediately following the occurrence of the change in personal circumstances; and
9.2.2. the WCE will have absolute discretion in determining if a requested reason is a Valid Reason, however for the avoidance of doubt, a reason that would not constitute a Valid Reason includes but is not limited to, a change of mind, the inability to attend one match during the season or utilise one Asset, a change of time or date of an Asset, a change of work roster or location, or any public transportation strike or delay.
10. Breach
10.1. Subject to clause 8, If the Client is in breach of any clause of this Agreement, WCE may advise the Client of that breach and provide notice to the Client (either by phone or by email) to rectify the breach. If the Client fails to rectify the breach within 14 days of receipt of the notice or if the breach is incapable of being rectified, then the Club may elect to either;
(a) immediately terminate this Agreement; or
(b) modify the Client’s package in whatever manner the WCE deems appropriate including without limitation withdrawing any access to any Asset included in the Package.
10.2. Any costs, expenses or disbursements incurred by West Coast Eagles in the maintenance of the Client’s account as a result of a breach of this Agreement, including finance charges relating to dishonoured payments, debt collection agency fees due to failure to pay an invoice within the agreed payment terms and legal costs arising will be borne by the Client and must be paid to WCE on demand.
10.3. If the WCE elects to terminate this Agreement in accordance with clause 10.1(a) and any portion of the Fee remains outstanding, the Club reserves its rights to pursue full payment of the Fee by any means it considers reasonable and necessary.
11. Effect of Termination
11.1. If this Agreement is terminated for any reason, the Client agrees that the WCE may, at its absolute discretion, elect to exercise any one or more of the following:
(a) cancel any tickets relating to an unused Asset that is already in the possession of the Client or any Clients Guest;
(b) enter into an agreement with any third party covering any or all of the rights, benefits and entitlements under this Agreement; and/or
(c) resell any Asset or the entire Package to any third-party.
12. Advertising
12.1. Should the Package include any advertising or signage rights then this clause 12 will apply.
(a) Any Advertising Materials provided by the Client to WCE for the purposes of being displayed at Optus Stadium:
i. Will not contain anything that may be obscene or defamatory or that might expose WCE to any proceedings whatsoever of a civil or criminal nature;
ii. Will not breach any third party intellectual property rights; and
iii. Will comply with all relevant codes of practice, rules and regulations.
(b) The Client will provide all material and artwork that are required for display as part of the advertising campaign.
(c) All changes to Advertising Materials made by the Client must be in writing to WCE and must be received prior to the lead-time deadline advised by WCE acting reasonably.
(d) The Client is required to physically proof its own materials artwork before submission to WCE. WCE 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.
(e) If the Client uses third parties to serve the advertisement, the Client will be responsible for such third parties’ compliance with this Agreement.
12.2. Should at any time during the term of the Package, the West Coast Eagles secure a competitor to the Client as an official Sponsorship Partner any advertising rights specified in this agreement must, if the West Coast Eagles so requests be relinquished by the Client immediately, and both parties will meet to renegotiate the instalment(s) payable or an alternate product offering for the Client on a pro rata basis as a result of the change.
13. Flights and Accommodation
13.1. Should the Package include any flights and accommodation then this clause 13 will apply.
13.2. The Client and Clients Guests are required to comply with any and all reasonable requirements and instructions of the WCE when traveling with the WCE team on a charter flight.
13.3. The Client understands that the flight times may be subject to change without notice at the absolute discretion of the airline and it is the Client’s responsibility to ensure that they are on time for any and all flights.
13.4. All flights included in the Package are subject to Virgin Australia’s Conditions of Carriage available on their website at https://www.virginaustralia.com/au/en/about-us/policies/legal/conditions-of-carriage/.
13.5. A flight and accommodation Asset includes, return economy flights on the Club charter flight (or such other flight as determined by WCE acting reasonably) and accommodation at a WCE pre-determined hotel. Any modifications to the Asset that You require will be at Your own costs and will be additional to the Fee already paid.
14. Warranties and Australian Consumer Law
14.1. Except for those required or implied by legislation, WCE gives no warranties in relation to goods and services supplied to the Client, and the Client acknowledges that it has not relied on any representation or warranty made by or on behalf of WCE.
14.2. Certain legislation (including the Competition and Consumer Act 2010 Cth)) may imply conditions and warranties into these Terms and Conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of WCE under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of WCE to: (a) If the breach or liability relates to goods, the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; or (b) if the breach or liability relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
14.3. The Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other laws provide for certain conditions, consumer guarantees and rights which cannot be excluded, restricted, modified or limited. Nothing in this Agreement excludes, restricts, modifies or limits the operation of these consumer guarantees and rights.
15. Modification of the Package due to unforeseen events
15.1. If the Assets in the Package relate to a Full AFL Season, and during the Term:
(a) the number of Home Qualifying Matches at Optus Stadium increase from 11, the Client will be given the first opportunity to increase its relevant Assets (i.e. signage, hospitality, seating etc.) for the additional game and the subsequent cost resulting from the change will increase pro-rata and be added to the Fee payable by the Client; or
(b) the number of Qualifying Home Matches at Optus Stadium decrease from 11 at any time during this agreement, the Fee will decrease by the value of the relevant benefits (ie. signage, hospitality, seating etc). Any monies already paid in addition to the value of the new Fee will be at the client’s option either held as a credit by West Coast Eagles to be utilised by the Client for future West Coast Eagles Home Qualifying Matches at Optus Stadium in an upcoming AFL Premiership Season or events held by West Coast Eagles or refunded to the Client.
15.2. Should West Coast Eagles be required beyond its reasonable control to materially change any access to any of the Assets of the Package as set out in this Agreement, a representative will meet with the Client to negotiate in good faith alternative benefits to be provided to the Client. If an alternative benefit cannot be agreed by the Client and the West Coast Eagles acting reasonably then the West Coast Eagles will refund to the Client the pro-rata amount for the benefits lost by the Client. For the avoidance of doubt, a change of time to a fixtured Asset or time and/or date for an un-fixtured Asset does not constitute a material change to the Asset.
16. No Finals Access
The Package is limited to the Assets in the Agreement Details and does not include any access to Premium Facilities should an AFL final be held in Perth during the Term unless specified in the Agreement Details.
17. Personal Information
All personal information provided by or on behalf of the Client will be used by the West Coast Eagles Football Club and the AFL in accordance with the AFL and the Club’s Privacy Policy available at www.westcoasteagles.com.au/privacy. By providing personal information, the Client agrees to such use by the West Coast Eagles Football Club and the AFL including for promotional and marketing purposes. To view the West Coast Eagles Privacy Statement click here www.westcoasteagles.com.au/privacy. You may opt out of receiving direct marketing from the West Coats Eagles at any time by emailing your account manager.
18. Code of conduct
18.1. During the Term the Client and its officers, employees, agents, directors, guests and contractors utilising the Assets agree:
(a) To conduct themselves towards the Club and players in ways that are respectful to all, lawful and in the spirit of the game;
(b) To conduct themselves in a manner that does not damage (or have the potential to damage) the reputation of the Club, its members or supporters.
(c) In relation to matches, social media channels and events (or when dealing with any Club or opposition employees, players or officials) to refrain from:
i. engaging in or endorsing any form of threatening conduct, or vilification or abuse on the basis of race, gender, religion, disability or sexuality;
ii. any acts of violence, disruptive behaviour or use of offensive or abusive language or gestures;
(d) Not to engage in behaviour, either at a game, on-line or in any way connected with the Australian Football League, Women’s Australian Football League, or Western Australian Football League, that is deemed by the Club at the Clubs absolute discretion to be vilification, bullying, harassment or any other unlawful or undesirable behaviour.
19. No Waiver
19.1. A failure to exercise, a delay in exercising or partially exercising any power, right or remedy conferred on a Party by or in respect of this Agreement does not operate as a waiver by that Party of the power, right or remedy.
19.2. A single or partial exercise of any power, right or remedy does not preclude a further exercise of it or the exercise of any other power, right or remedy.
19.3. A waiver of a breach does not operate as a waiver of any other breach.
20. Governing Law and Jurisdiction
The laws of Western Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the courts of Western Australia and of the Commonwealth of Australia.
21. Survival
The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of the Agreement shall remain in full force and effect following the expiration of the Agreement.
22. Severability
If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.