TERMS & Conditions of Booking & Participation in THRILL Events Pty Ltd, activities & services:
1.1 “Contract” means this document, booking form or an agreement, which is an acceptance of and by the Client to utilise or participate in the described services, events & activities.
1.2 “Organiser” means the company THRILL events p/l ABN 36 137 966 002 t/as THRILL and shall include all directors, employees, agents, businesses, subcontractors or contractors of the Organiser.
1.3 “Client” means the customer, company, person, individual, participant, partner, association, business or any other entity described in the contract.
1.4 “Service” means the activities, program, event, content, preparation, coordination, facilitation, instruction and or delivery of any such to the Client.
2.1 Neither this Agreement nor any term of it may be amended or any term may be waived, except in writing, signed by the parties.
2.2 This Agreement is constituted by the booking form, contract, acceptance form and the terms and conditions as set out here. This Contract constitutes the full and entire understanding between the parties with regard to the contract and once accepted supersedes all prior contracts and representations between the parties.
3. Payment and Charges
3.1 The Client agrees to pay the GST inclusive costs as described in the Contract.
3.2 A minimum 50% holding deposit or full payment is required within 7 days of acceptance. Full payment within allocated time period validates incentives.
3.3 Bookings within 21 days of the program date require 100% full payment to be paid prior to the program.
3.4 Credit Card transactions – A financial institution processing fee, of 3% is charged. Calculated on the total amount paid via credit card/s.
3.5 EFT or Direct Debit payments are preferred. THRILL events p/l trading as THRILL. Bank details on Tax Invoice enclosed.
3.6 The Program is secured once a Booking Form, Contract, Acceptance or Deposit is received by THRILL.
3.7 All programs must be paid in full and cleared into THRILL events p/l accounts prior to participation.
3.8 THRILL events p/l reserve the right to charge late booking fees for less than 14 days notice, at 1% cumulative for each day of the full program cost.
3.9 Payments not received by program date will be invoiced a surcharge of 1% of total program costs, cumulative, for each day overdue.
4.1 Minimum final Client numbers are required 14 days in advance of program. Increases in Client numbers may be available and must be advised in writing.
4.2 Any increase in Client numbers will be charged at a per person rate as calculated by total program cost divided by participant numbers accepted.
4.3 Minimum Client numbers & total costs quoted or contracted will be charged and must be paid regardless if participants fail to show or decrease on the program.
5. Cancellations – Written notice required.
5.1 Greater than Twenty Eight Days (>28) written notice will incur an administration and cancellation fee of 25% of total costs (excluding free offers & discounts).
5.2 Less than Twenty-Eight Days (<28) but greater than Twenty-One days (>21) written notice, 35% of total costs must be paid (excluding free offers & discounts).
5.3 Less than Twenty One Days (<21) but greater than Fourteen days (>14) written notice 50% of total costs must be paid (excluding free offers & discounts).
5.4 Less than Fourteen (<14) days, Written notice required. 100% of total costs must be paid.
5.5 Any non-refundable monies paid by THRILL events p/l to other parties on behalf of the Client must be reimbursed within 48hrs of cancellation by the Client.
5.6 Failure to attend or cancelling program with no written notice will result in no refunds. All outstanding monies are required to be paid in full by the program date.
5.7 In the event a program is cancelled or not delivered by THRILL events p/l in consultation with the Client due to extreme weather conditions, natural disasters and/or terrorism acts preventing a program from proceeding & where no other alternative to alter the program exists, THRILL offers a 30% refund of that cost component.
6. Transfers, Date, Program, Activities or Content Changes
6.1 Notification must be in writing. Amendment fees > 28 days 10%, 21-28 days 20%, 14-20 days 25% of the program costs are charged.
6.2 No changes to program, dates, minimum charges and minimum numbers accepted within fourteen (14) days of the program unless approved by THRILL directors.
6.3 Refunds are not available. All date changes or transfers will only be accepted by a replacement superseding version of the accepted contract or booking.
6.4 Any non-transferable component of monies paid by the Organiser, to other agents or parties on the Client’s behalf must be paid within 48hrs.
6.5 THRILL events in consultation with the Client reserves the right to alter services, locations, venues, catering, accommodation, transport and activities with comparable services, locations, venues, catering, transport & activities.
7.1 All damage to facilities, equipment & environments, loss of business or theft conducted or caused by the Client or its Participants must be paid in full, within 48hrs.
7.2 The Organiser takes no responsibility for damage, loss or theft of personal equipment in any venue or left in the care of the Organiser. Unless such damage loss or theft is the direct result of a negligent act, breach or omission by the Organiser.
8. Liability / Indemnity
8.1 The Organiser and its agents are liable only for the amount of the program contracted; no liability is accepted beyond the total costs agreed to in this contract.
8.2 The Client shall at its own expense, adequately insure and keep insured against public risk, loss, damage and workers compensation liability.
8.3 The Client shall indemnify and hold indemnified the Organiser and its staff from and against all actions, claims, suits, liabilities, demands, losses, damages, costs and expenses which the Organiser its staff or agents may sustain or incur or for which the Organiser or staff may become liable in respect of or arising from performing the agreed services unless the losses and damages are caused by the wilful or negligent act or omission of the Organiser.
8.4 The Service is provided without warranties of any kind, either express or implied, other than those warranties implied into this agreement by legislation; Competition and Consumer Act 2010 which cannot be excluded. Neither the Organiser nor anyone else involved in creating, producing or delivering the service shall be liable for any direct, indirect, special or consequential damages arising out of the supply or use of the Service or inability to use the Service or any breach of any warranty, & where such liability cannot be excluded, liability is limited, at the option of the Organiser, to the re-supply or cost of the Organiser re-supplying the Service.
8.5 Force Majeure; The Organiser will not be liable or required to provide services detailed or contracted if prevented by doing so by acts of terrorism, natural disasters, transport breakdowns, security breaches, industrial action & extreme unanticipated conditions. The Organiser is entitled to retain all moneys paid by the Client.
8.6 The provisions of clauses 8.1, 8.2, 8.3, 8.4, 8.5 will survive any termination of this Agreement.
8.7 Full payment and signing a waiver of liability and or acceptance of risk for each participant will be required prior to participation.
9.1 The Client agrees that it and its staff or representatives participation is wholly at its own risk (including risk to property, persons and business).
9.2 The Organiser only accepts responsibility for the programs, activities & services which are under the direct control, guidance and instruction of the Organiser.
9.3 Subcontracted venues, catering, accommodation, transportation, activities, staffing or further services separate to the Organiser are the legal responsibility of each organisation, company, person, service provider or operator.
10.1 Programs continue despite changes in weather conditions or due to rain. Variations in the program services may be encountered to enable delivery of the Service.
10.2 Ensure all participants are prepared for: Physical Activity, Rapid weather changes, wet, hot or cool conditions, which can experienced in the program environments.
10.3 The Organisers staff determines the suitability of conditions for all programs. Thrill will consult with Clients if postponement is required, additional charges apply.
10.4 The Client agrees that the Services may be altered at the Organisers discretion due to safety considerations, accessibility, inclement weather conditions etc.
11.1 The Organisers programs & activities have associated risks, which the Client accepts is typically beyond normal risks encountered in work and home environments.
11.2 The Client and or Company is responsible to make itself familiar with all risks and their employees or participant’s ability to cope with such risks and activities.
Collectively there is an assumption of Risk of participation in all Thrill Programs, Services & Activities.
11.3 If in doubt of the physical and emotional capacity of participants, Thrill requests the Client, Company, Individuals and Participants to seek medical advice.
11.4 All actions and any injuries of the Clients and Participants are the contracted Client and or Company’s and the participating individuals responsibility.
11.5 Photos/Video may be taken of the Client, the Participants, the program and services by the Organiser and may be utilised for future promotional purposes.
11.6 The Organiser will not be required to provide the services detailed and or contracted if prevented by acts or omissions of the Client and or Participants.
11.7 Personal insurance is the decision of the Individual, Participant or the Client. The Organiser does not automatically provide personal insurance.
11.8 The Organiser holds a current public liability policy to the amount of $20million through Lloyds.
11.9 The Organiser may vary any conditions of this Contract at any time by giving seven days notice to the Client.
If the Client continues to use the Organisers service after such notice, this will constitute acceptance of the variation/s by the Client.
11.10The Contract is governed by the laws applicable in New South Wales, The parties agree to submit to the exclusive jurisdiction of the Courts of NSW Australia.
11.11 All intellectual property, content developed or produced, systems & programs remain copyrighted & owned by THRILL events p/l & may not be reproduced.
THRILL events pty ltd Operations – 8th May 2013