Terms & Conditions
Terms and Conditions for Use of Facilities and Services (Excluding Raceday) at Auckland Thoroughbred Racing (ATR)
These Terms and Conditions apply to the use of Facilities and Services at a Venue for an Event that is not held on a Raceday. Please read these Terms and Conditions carefully before completing an Event Confirmation Form. By completing an Event Confirmation Form and paying a Deposit you are agreeing to be bound by these Terms and Conditions.
1.1 The terms and conditions comprise the Event Confirmation Form, these General Terms and Conditions for Use of Facilities and Services and, if applicable, the Special Terms and Conditions. In these Terms and Conditions, unless the context requires otherwise:
(a) “ATR Host Responsibility Policy” means ATR’s host responsibility policy as updated from time to time and available on ATR’s website.
(c) “Business Day” means a day, other than a Saturday, Sunday or a statutory public holiday, on which registered banks are open for business in Auckland.
(d) “Business Events” mean Events which are primarily for business or corporate purposes such as conferences, seminars or industry events but excludes Exhibitions and Festivals.
(e) “Client” means the person or organisation contracting Facilities and/or Services from the Operator, and where applicable, their employees, contractors, invitees or guests and anyone else associated with the Client and using the Facilities and/or Services.
(f) “Deposit” means the agreed amount paid by the Client to the Operator to confirm the booking and evidencing acceptance of these Terms and Conditions.
(g) “Estimated Event Price” means the sum initially estimated by the Operator to be the cost to hire the Facilities and/or for the provision of the Services.
(h) “Event” and “Event Date” means the event and event date described in the Event Confirmation Form.
(i) “Event Confirmation Form” means the booking form or other documentation required by the Operator to effect the hire of the Facilities and purchase of the Services.
(j) “Event Price” means the actual final cost of hiring the Facilities and/or the Services including venue hire, food and beverage and any other charges incurred by or on behalf of the Operator in connection with the hire of the Facilities and supply of the Services.
(k) “Exhibition” means an Event that is an exhibition, trade show, expo or similar event.
(l) “Facilities” means any room, facility or area where the Services are to be provided at the Venue, as set out in the Event Confirmation Form or advised by the Operator to the Client from time to time. (m)“Festival” means an Event that is a music festival or similar event, or is otherwise deemed a Festival
by the Operator.
(n) “Operator” means Auckland Thoroughbred Racing Incorporated (“ATR”), trading as Ellerslie Event Centre or Pukekohe Park Event Centre (as applicable).
(o) “Pencil Bookings” means bookings made by a Client but not confirmed by the Operator in accordance with clause 2.3.
(p) “Private Events” means all Events which are not Business Events, Festivals or Exhibitions and includes weddings, birthday parties, stag and hen parties and school events such as school or university balls.
(q) “Services” means all services, including advice, provided by the Operator to the Client in relation to the Event including, without limitation, all hospitality, catering, out-catering, meeting or conference organisation services and includes the hire of equipment, security, insurance charges or any other fee or charge associated with the supply of Services for the Event.
(r) “Special Terms and Conditions” means the special terms and conditions set out part B of these Terms and Condition which apply to the Event if the Event is a Festival or Exhibition.
(s) “Venue” means the venue for the Event as specified in the Event Confirmation Form, being either Ellerslie Event Centre or Pukekohe Park Event Centre.
Part A – General Terms and Conditions
2 Acceptance and Deposit
2.1 Unless specified by the Operator, Pencil Bookings will be held for seven (7) Business Days only.
2.2 Pencil Bookings become “Contracted Bookings” when the Operator provides the Client with an
Event Confirmation Form.
2.3 A Contracted Booking is not confirmed and accepted by the Operator until such time as the Operator receives a signed copy of the Event Confirmation Form and payment of the Deposit from the Client, both of which must be received by the Operator within ten (10) Business Days from the date of the Event Confirmation Form. Subject to clause 2.1, the Operator reserves the right to allocate the date to any other person until it receives the signed Event Confirmation Form and Deposit.
2.4 The Deposit, unless agreed otherwise in writing with the Operator, is:
(a) for Business Events, the greater of $500 or 10% of the Estimated Event Price;
(b) for Private Events, 20% of the Estimated Event Price; and
(c) for Festivals and Exhibitions, 50% of the Estimated Event Price.
2.5 Any instructions received by the Operator from the Client for the supply of Services (if accepted by the Operator in its sole discretion) will form part of the Event Confirmation Form and will be subject to these Terms and Conditions. Where Services are required in addition to those detailed in the Event Confirmation Form, the Client agrees to pay for the additional cost of such Services.
3 Event Price
3.1 All prices quoted in the Event Confirmation Form are based on the information provided by the Client. Alterations to the details of the Event may result in adjustments to the Estimated Event Price. Whilst every care is taken in calculating the Estimated Event Price, the sum should not be regarded as the final Event Price and the Operator reserves the right to pass on to the Client any cost increases that the Operator may incur prior to the date on which the Operator issues its invoice to the Client.
3.2 Catering and beverage costs are based on the greater of:
(a) the confirmed number of attendees (which must be provided by the Client to the Operator within ten (10) Business Days prior to the Event); or
(b) the actual number of attendees on the day.
3.3 Minor variations in the number of attendees can be accommodated up to five (5) Business Days in advance of the Event. Acceptance of number variations is at the sole discretion of the Operator.
3.4 Beverages in excess of the estimated and agreed amounts cannot be served until the Client or a duly authorised representative of the Client, who is present at the Event, signs an authorisation in a form and manner that is acceptable to the Operator (acting reasonably). All beverages in excess of the agreed amount will be charged on a consumption basis at the standard beverage price applicable.
“Cash sales” can be provided subject to prior arrangement with the Client.
3.5 All other details, including room settings, menu selection and scheduling must be confirmed ten
(10) Business Days prior to the Event. Any subsequent adjustment accepted by the Operator may incur additional charges.
3.6 The duration of the Event is a set period as defined in the Event Confirmation Form:
(a) The duration can only be extended by the Client, or their nominated representative, in consultation with a nominated representative of the Operator in charge of the Event. If the Event extends beyond the period as defined an additional charge may, at the discretion of the Operator, apply.
(b) Changes in times to food service of more than half an hour on the day of the Event will incur additional costs.
3.7 Where no price is agreed in writing between the Operator and the Client for a Service, the price for the Service will be the current standard amount or list price (if any) such Services are charged by the Operator at the time of the Event.
3.8 The Operator is not bound by any pricing in the Operator’s publications or brochures, and will only be bound by pricing specified in an Event Confirmation Form. Surcharges are applicable for all Events held on a Public Holiday.
3.9 The Operator reserves the right to alter prices, or the room to be used, if required to meet a Client’s
request via an updated Event Confirmation Form.
3.10 Security charges, including car park and gate attendants, are applicable for certain events and Facilities. The Operator, in consultation with the Client, reserves the right to determine the level of security required for any Event and the Client will comply with, and is responsible for the costs associated with, those requirements unless specified.
3.11 All amounts are exclusive of GST unless otherwise stated.
4 Terms of Payment
4.1 Unless prior credit arrangements have been made, the Client must pay in full the Estimated Event Price, plus GST, five (5) Business Days prior to the Event.
4.2 The Client is responsible for and must pay the Event Price which includes any additional or adjusted charges incurred during or in connection with the Event. The Operator will provide an invoice for the Event Price promptly following the conclusion of the Event. The balance owing on the Event Price is payable within seven (7) Business Days of the date of invoice. Where a credit balance is applicable, the Operator will refund the relevant balance within seven (7) Business Days of the date of invoice.
4.3 All amounts payable by a Client must be paid in full, without set off or deduction of any kind.
4.4 No claim by a Client relating to the Services or in respect of any invoice will be considered unless made within seven (7) days of completion of the Event.
4.5 Payment may be made by EFTPOS, credit card or direct credit. All Visa or Mastercard credit card payments over $1,000.00 will incur a fee of 3%. All American Express credit card payments over $1,000 will incur a fee of 5%.
4.6 Without limiting the Operator’s rights at law or in equity, if the Client does not fulfil its payment
obligations at any time the Operator has the right to:
(a) immediately terminate this agreement; and/or
(b) charge, and the Client will pay, interest on any amount owing at the rate of 2.0% per month or part thereof from the due date for payment until payment is received by the Operator.
4.7 The Client will indemnify and will keep the Operator indemnified from and against all costs, expenses, disbursements, legal fees or otherwise, reasonably incurred by the Operator in recovering
any outstanding amounts which are due and payable by the Client in accordance with these Terms and Conditions.
5 Client’s Obligations regarding Use of Facilities
5.1 The Client is responsible for the conduct of all guests present and must ensure that all guests, employees, officers, contractors, guests and invitees and any other associates of the Client attending the Event comply with these Terms and Conditions.
5.2 The Client must ensure that no food or beverage of any description is brought into the Facilities without the prior approval of the Operator. If prior approval is given, additional catering charges or corkage fees may apply.
5.3 The Client will not behave in a manner or allow behaviour at the Event that, in the reasonable opinion of the Operator, is considered dangerous, offensive, illegal, noisy or objectionable.
5.4 The Client will not use or allow the Facilities to be used for any purpose other than that for which they were designed and intended. The Client will not make alterations or additions whatsoever to any Facilities without the prior written consent of the Operator.
5.5 The Client must not, and must not permit anyone else to, write on, decorate, or attach posters or other materials onto, or drive nails, screws, tacks or pins into walls, furnishings, floors or ceilings without the prior consent of the Operator.
5.6 The Client will comply with all applicable laws, rules and regulations, notices and orders in connection with the Event and the use of the Facilities and Service and will ensure that all of the Operator’s Health and Safety policies and procedures are complied with by the Client and its guests.
5.7 Where the Client opts to use the Operator’s Wi-Fi service, a fair use policy applies and the Client and their guests must not download or upload any illegal or objectionable material, may not use the network to spam, distribute malware or unsolicited advertising, and may not attempt any unauthorised entry into the Operator’s systems.
5.8 The Client will be responsible for, and will pay for, any damage, breakage or loss sustained to any equipment or property owned or leased by the Operator in the Facilities or to the Facilities themselves, however caused. The costs of any damage, including repair or replacement costs will be charged to and payable by the Client and will be added to the Event Price.
6 Set Up and Delivery Arrangements
6.1 All of the Client’s deliveries to the Facilities must be arranged with a nominated representative of the Operator. All deliveries must be clearly marked with the Client’s details. There is no short or long term storage available for equipment at the Facilities.
6.2 Deliveries and pick-ups must be made between the hours of 9.00am to 4.00pm Monday to Friday unless otherwise arranged with the Operator. The Operator may charge for any assistance that is provided by arrangement or deemed necessary, to move equipment or property.
6.3 The Operator is not responsible for any damage or loss to Client property at the Event or occurring in or around the Facilities.
7 Health and Safety
7.1 The Client must comply with the Operator’s policies and procedures relating to the Health and
Safety at Work Act 2015.
7.2 Where the Operator deems it necessary, the Client must complete the Operator’s Client Minimum Health and Safety Standards document and ensure these standards are communicated to all contractors engaged by the Client.
7.3 Where the Operator deems it necessary, the Client must, as soon as reasonably possible and no later than ten (10) Business Days prior to the Date of the Event, provide to the Operator for its prior approval:
(a) an Event Health and Safety Plan;
(b) hazard registers, method statements and details of safe working procedures for all contractors being engaged by the client;
(c) qualifications, certification and/or experience of any Personnel carrying out any activity on the Client’s behalf or otherwise in relation to the Event and any permits or consents as may be required for such activity; and
(d) such other information as the Operator may require, including any sponsor activation activity inside or outside of the Venue such as distribution of flags, banners or other items.
7.4 The Client is solely responsible for health and safety management in respect of the Event and otherwise in relation to the staging of the Event and will properly manage any risks to health and safety in accordance with the Event Health and Safety Plan, and any applicable laws, industry codes or standards and in accordance with best practice at all times.
7.5 The Client and its guests cannot remove food or beverages from the Venue, and all food and beverages left over following the Event remains the property of the Operator.
8 Use of the Operator’s Brand
8.1 The Client will not use or permit any third party use of the Operator’s legal name, trading names, brand names, logos and any other description of the Operator, unless authorised under these Terms and Conditions or by the Operator in writing.
8.2 All information about the Event (including invitations and publicity) must use the relevant Venue’s
brand name or address, being:
(a) for Events at Ellerslie, Ellerslie Event Centre at Ellerslie Racecourse, 100 Ascot Ave, Remuera,
(b) for Events at Pukekohe Park, Pukekohe Park Events Centre at Pukekohe Park, 222/250 Manukau Road, Pukekohe, Auckland.
9 Preferred Suppliers
9.1 The Client acknowledges that the Operator has preferred suppliers for many of the ancillary Services that may be required for an event. Should the Client wish to use alternative suppliers these will need to be discussed with and agreed by the Operator. Approval for alternative suppliers is at the sole discretion of the Operator.
9.2 Where the Operator approves of the Client’s use of an alternative supplier, additional charges may
10Responsible Service of Alcohol
10.1 The management and staff of the Operator believe that we have a responsibility to provide an environment that is not only comfortable and welcoming but is also where alcohol is served responsibly. With this in mind, the ATR Host Responsibility Policy has been implemented and will apply
to the Event.
10.2 Where the Operator deems it necessary, the Operator reserves the right to discontinue the supply of alcohol, in accordance with the provisions of the Sale and Supply of Alcohol Act 2012, to any individuals or the Event as a whole at any time, irrespective of the prior arrangements made with the Client for the Event.
11 Privacy, Collection and Use of Information
11.2 The Client authorises the Operator to collect, retain and use any information about the Client, for the purpose of assessing the Client’s credit worthiness, providing the Services or enforcing any rights under these Terms and Conditions. Where possible, personal information will be obtained directly from the relevant individual, but otherwise it may be provided by others, including but not limited to, a credit reporter (as that term is defined in the Credit Reporting Privacy Code 2020). The Client irrevocably authorises the Operator to collect, retain and use personal information provided by the Client or provided by the Operator’s credit reporter(s):
(a) for any of the purposes noted above; or
(b) to provide such personal information to credit reporters, credit agencies and other suppliers of goods and services on credit terms to the Client.
Credit reporters will use any personal information provided in its credit reporting service and to update its credit reporting database. When other customers of the credit reporter use its credit reporting service, the credit reporter may give the information to those customers. If the Client defaults in its obligations to the Operator, information about that default may be given to the credit reporter, and the credit reporter may give information about the Client’s default to other customers of the credit reporter. The Operator may continue to use the credit reporter’s services in the future for purposes related to the provision of credit to the Client including receiving updates (if any) of information held about the Client.
12 Cancellation and Postponement by Client
12.1 Subject to clause 15, if the Client cancels or postpones an Event, or any part of an Event, the Client agrees that:
(a) If the cancellation or postponement is more than 30 days prior to the Event Date, the Deposit will be retained by the Operator.
(b) If the cancellation or postponement is within 30 days of the Event Date, the Deposit will be retained by the Operator and the Client will pay the Operator 50% of the total food and beverage portion, and 50% of the total room hire portion, of the Estimated Event Price quoted by the Operator.
(c) If the cancellation or postponement is within five (5) Business Days of the Event Date, the Client will pay the total Estimated Event Price to the Operator and the Operator will retain the Deposit.
12.2 All cancellations and postponements must be notified to the Operator in writing. An Event may
only be postponed to an alternative date if agreed by the Operator.
13 Termination by Operator
13.1 The Operator will endeavour to give the Client as much notice as possible where, as a result of redevelopment or renovation, it must fully or partially close the Venue. If such closure adversely affects the Client’s Event, the Operator will notify the Client as soon as reasonably possible and at least 30 days prior to the date of the scheduled Event that the Event will be cancelled and the Operator will refund the Client any amounts paid in advance.
13.2 Without limiting its other rights or remedies, under these Terms and Conditions, at law or in equity, the Operator will be entitled to terminate this agreement on notice to the Client if:
(a) the Client fails, or the Operator becomes reasonably aware that the Client is likely to be unable, to fulfil any of its obligations set out in these Terms and Conditions and the Client does not remedy the failure within five (5) Business Days of the Operator’s notice to the Client to remedy;
(b) the Operator becomes aware, or reasonably suspects, that the Event could jeopardise public safety or order, or potentially involve an unacceptable risk of personal injury or damage to property; and/or
(c) in accordance with clause 14 and/or 15, the Operator will be, or is, unable to fulfil its obligations for the Event due to an occurrence beyond its reasonable control or a pandemic event.
14 Force Majeure
14.1 Notwithstanding any other provision of these Terms and Conditions, the Operator will not be liable for any delay or failure or inability to observe or perform any of its duties or obligations under these Terms and Conditions if that delay or failure arises from any cause beyond its reasonable control, including as a result of an act of God, natural disaster, war, civil unrest, strike, lockout or other labour difficulty, or action by any competent regulatory authority.
14.2 As soon as reasonably practicable after the beginning of the occurrence which affects the ability of the Operator to observe and perform any of its duties or obligations, the Operator will notify the Client of the nature of the occurrence and, as far as possible, estimate its duration and probable extent.
15 Pandemic including COVID-19
15.1 If the Event cannot be held as planned on the originally scheduled date due to a pandemic or epidemic event, including COVID-19 and including as a result of a Government notice, regulation, law or guidance affecting the operation of the Event, limiting the number of attendees at the Event, or affecting the operation of any event, performance, or other activities at or associated with the Event, then notwithstanding any other provision of these Terms and Conditions, the Client must either:
(a) reschedule the Event to a new date agreed with the Operator and the Deposit will be transferred in full to the new date, less any reasonable costs incurred by the Operator in connection with the Event which the Operator cannot recover; or
(b) cancel the Event in which case the Operator will refund the Deposit to the Client, less a cancellation fee of the greater of:
(i) $500; and
(ii) any reasonable costs incurred by the Operator in connection with the Event which the Operator cannot recover.
15.2 The Client agrees that its information (and that of its guests) may be held for the purposes of COVID-19 contact tracing and may be disclosed to the Ministry of Health should the need arise. The Client will, and will ensure that its guests, at all times comply with:
(a) any COVID-19 conditions of entry for the Venue in place from time to time;
(b) any reasonable request from the Operator to undertake contact tracing at the Venue; and
(c) any Government or local government notice, regulation, law or guidance in connection with contact tracing or other public health requirements.
15.3 The Client acknowledges that guests at the Event may be exposed to COVID-19 at the Event and that guests enter the venue at their own risk in this regard and assume the risk of contracting COVID- 19 at the Event.
15.4 The Client will encourage its guests to stay home if they are feeling unwell or have been overseas or present at a location with a known COVID-19 outbreak in the past 14 days or have otherwise been in close contact with someone subject to any of the above in the past 14 days. The Operator reserves the right to refuse access to the Venue if a guest meets any of the criteria set out in this clause or otherwise in accordance with any COVID-19 conditions of entry for the Venue in place from time to time.
15.5 The Operator will not be liable for any delay or failure or inability to observe or perform any of its duties or obligations under these Terms and Conditions if that delay or failure arises from a pandemic or epidemic event, including COVID-19 and including as a result of a Government notice, regulation, law or guidance affecting the operation of the Event.
16.1 The Operator’s liability to the Client, whether in tort (including negligence), contract, equity or otherwise arising from the relationship between the Operator and the Client is excluded to the fullest extent permitted by law.
16.2 Notwithstanding clause 16.1, if the Operator is liable to the Client under this agreement, the liability of the Operator will not exceed the Event Price. In no event will the Operator be liable for any indirect or consequential loss or any loss of profit of the Client.
16.3 If the Client is a consumer (as that term is defined in the Consumer Guarantees Act 1993), nothing in these terms and conditions, including this clause 16, will operate to limit or exclude the Operator’s obligations, and a Client’s rights, under the Consumer Guarantees Act 1993.
17.1 Without limiting the Operator’s other rights or remedies at law or in equity, but subject always to a Client’s rights under the Consumer Guarantees Act 1993 to the extent the Client is a consumer for the purposes of that Act, the Client indemnifies the Operator and will keep it, and its employees, agents and contractors (“indemnified parties”) indemnified from and against all claims, demands, actions, suits, proceedings, judgments, orders, costs, expenses, losses, damages, expenses (“Losses”) suffered or incurred by the indemnified parties arising out of or in connection with the Client’s use of the Facilities or any Losses otherwise arising as a result of any act or omission of the Client or anyone the Client is responsible for, except that such indemnity will not apply to the extent the Losses are wholly and directly caused by the Operator’s act or omission, or that of its personnel.
18.1 In the event of any inconsistency between the Event Confirmation Form, the General Terms and Conditions and the Special Terms and Conditions, the following order of precedence will apply:
(a) first, the Event Confirmation Form;
(b) second, the Special Terms and Conditions; and
(c) third, the General Terms and Conditions.
18.2 The Operator reserves the right to vary, add, withdraw, or substitute previously advised menus and/or Facilities at a Venue for Events at any time, subject always to its obligations under applicable consumer law. Whenever possible, the Operator will use its reasonable endeavours to consult with the Client before doing so.
18.3 The Operator has contract cleaners for the Facilities. On some occasions, the Operator may require additional cleaners for an Event. The reasonable cost of contracting additional cleaners for an Event is payable by the Client and will be added to the Event Price.
18.4 If substantial additional cleaning is required during or after an Event, the costs will be charged to the Client and added to the final Event Price.
18.5 The Client is not permitted to erect signage at the Facilities without obtaining the prior consent of the Operator.
18.6 Parking is provided and permitted in designated parking areas only. No vehicles are to be, and the Client is responsible for ensuring that no vehicles are, parked on the lawns. The Operator will not be liable for any damage or loss to vehicles.
18.7 No failure, delay or indulgence in exercising any power or right under these Terms and Conditions will operate as a waiver of that power or right.
18.8 The exercise by a party of any express rights set out in these Terms and Conditions are without prejudice to any other rights, powers or remedies available to that party in contract, at law or in equity.
18.9 The Operator may assign its rights and obligations set out in these Terms and Conditions or otherwise arising in connection with the Event. The Client must not assign its rights and obligations set out in these Terms and Conditions or otherwise arising in connection with the Event without the prior written consent of the Operator.
18.10 These Terms and Conditions are governed by and construed in accordance with New Zealand law and the courts of New Zealand have jurisdiction in respect of any dispute arising in connection with these Terms and Conditions.
Part B – Special Terms and Conditions
These Special Terms and Conditions for Festivals and Exhibitions are in addition to, and should be read in conjunction with, the General Terms and Conditions for Use of Facilities and Services. By completing an Event Confirmation Form you are agreeing to be bound by the General Terms and Conditions and these Special Terms and Conditions to the extent applicable to your Event.
Words and phrases used in these Special Terms and Conditions, and not specifically defined in these Special Terms and Conditions, have the meaning given to them in the General Terms and Conditions.
Where the Event is a Festival or Exhibition, following additional terms and conditions apply:
1 Health and Safety
1.1 All compliance requirements under the Building Act must be strictly adhered to. It is the responsibility of the Client to ensure that the appropriate safety precautions are put in place as required.
1.2 The Client must ensure that maximum person numbers are strictly enforced in all areas.
1.3 No exhibit is to be erected near any area classified as an exit escape route or smoke stop doors.
1.4 Existing fire hoses are not to be covered or obstructed in any way by panel walls or exhibitor products etc.
1.5 The Client is responsible for ensuring that fire safety officers supplied by the Operator (and paid for by the Client) are patrolling the buildings during the Event.
1.6 The Client is required to ensure that a safety warden carries out an inspection of all rooms prior to guest arrival, and that the appropriate form is completed and a copy given to the Operator.
2 Use of surrounding grounds
2.1 Hiring Facilities does not include the right for the Client to use the outside grounds around the Facilities. If the Client wishes to use the Operator’s grounds, an additional charge will be applicable and use will be subject to the Client’s acceptance of the Operator’s requirements and terms and conditions of use relating to the relevant grounds.
3 Security, car park and gate attendants
3.1 Given the estimated attendance at the Event, the Client must pay for the additional requirements and costs for security, car park and gate attendants provided by the Operator. The Operator will advise the Client of the number of security, car park and gate attendants required for the Event based on the estimated attendance at the Event. A minimum of three (3) hours per day for security, car park and gate attendants for the duration of the Event is payable by the Client and will be added to the Event Price.
3.2 The cost of car park and gate attendants is $35.00, plus GST, per attendant per hour and the Client must pay for a minimum of 3 hours per day for the duration of the Event and that cost will be added to the Event Price.
3.3 To avoid congestion at the main entrance and to give access directions to hired rooms during the Event, the Client must pay for (an) additional security person(s) provided by the Operator. The cost is $40.00, plus GST, per security person per hour. A minimum of 3 hours per day for security person(s) for the duration of the Event is payable by the Client and will be added to the Event Price.
3.4 The Operator reserves the right to charge the Client for use of car parks in the event that the Client imposes any car parking charge on its customers.
4 Traffic management
4.1 Any Event that has an anticipated guest attendance of 800 or more vehicles will require, and the Client must ensure compliance with, a Traffic Management Plan, in consultation with the Operator. Any variations to this plan at the request of the Client or otherwise arising as a result of the anticipated guest attendance may result in additional costs which will be payable by the Client.
5 Public Liability insurance
5.1 The Client is responsible for the acts and omissions of its employees, contractors, invitees and guests and is required to hold Public Liability Insurance of at least $1 million in respect of the Event. The Client must provide evidence of such insurance to the Operator not less than ten (10) Business Days prior to the Event.
6.1 In the event of any incidents involving either personal accident or injury and/or Health and Safety matters must be reported by the Client to the on-site Duty Manager immediately.
7.1 It is the responsibility of the Client to obtain and administer all further consents, licenses and permissions required to administer the Event.
8 Duty Manager
8.1 If a Duty Manager is required for the Event, a Duty Manager fee, per hour will apply outside the agreed rental period set out in the booking sheet. A minimum of 3 hours per day is chargeable and will be added to the Event Price.
9 Access for Event
9.1 Access is available from 6.00am to 10.00pm on Build-up and Exhibition days. Breakdown access, other than the final day is until 12.00pm (mid-day) or by prior arrangement. Additional charged may apply outside of these times.
10 Damage Bond
10.1 The Client is required to pay the Operator a “Damage Bond” of up to $10,000.00, plus GST. The amount of the Damage Bond is to be reasonably determined by the Operator based on any relevant considerations such as the type of Event and estimated attendance at the Event.
10.2 Any damage costs incurred during the Event will be deducted from the Damage Bond and the balance will be repaid to the Client.
10.3 Notwithstanding clause 10.2, the Client remains liable to the Operator for any damage in excess of the Damage Bond.
11 Cleaning and rubbish removal
11.1 The Operator is responsible for removing existing furniture from required venue rooms, as identified in the Event Confirmation Form, and for the collection of general rubbish and cleaning, of all rooms and toilets comprising the Facilities each day. The Operator is not responsible for removing large boxes, packing cases or any rubbish resulting from the Client’s setting up or dismantling of the Event.
11.2 The Client must remove or, in consultation with the Operator, arrange for the removal of all large rubbish items from the Facilities on a daily basis, and at completion of the Event.
12 Arrangements for exhibits/stands
12.1 Stands, decorations, fixtures and fittings must be approved by the Operator and erected as specified on and in accordance with the final floor plans submitted to the Operator within 14 days of the Event or otherwise in accordance with the Operator’s directions. The Client will ensure that no stands, decorations, fixtures and fittings are erected in hallways, entrance ways, fire exits or other common areas.
12.2 All heavy equipment, panels etc. must be brought into the Facilities via the loading bay only.
12.3 Dismantling of stands, decorations, fixtures and fittings and restoration of the Facilities to the condition prior to access being granted for the Event, is the sole responsibility of the Client.
13 Catering / use of Kitchens
13.1 All catering must be arranged with and provided by the Operator. No outside catering is permitted
to be brought into the Facilities without the Operator’s prior approval.
13.2 Without prior agreement, the Operator’s kitchens and fridges are not at the disposal of the Client. Any requirements for kitchen usage must be arranged with and are at the discretion of the Executive Chef (as identified by the Operator).
13.3 Air conditioning rooms are strictly out of bounds.
14.1 Electricity for lighting is provided from 6.00am to 10.00pm each day of the Event at no additional cost to the Client provided that any significant usage above normal levels may be charged to and will be payable by the Client.
14.2 All temporary works for cabling and wiring must be carried out by a qualified electrician and be approved by the Operator prior to installation and removed on completion of the Event.
15 Building consent requirements
15.1 The Client is responsible for obtaining any required Building Consent permits and must provide a copy of any required permit to the Operator, including a full set of floor plans, ten (10) Business Days prior to the Event. Should a permit not meet the requirements of the Operator, the Operator may, at its discretion, cancel the Event. In such case, the Operator will not accept any responsibility for loss of revenue or profit and no refunds of any Deposits received will be provided.
16 PA and TV systems requirements
16.1 Public Address and TV systems are available. A connection fee will be payable by the Client and added to the Event Fee, depending on the number of rooms used.
17 Liquor Licensing requirements
17.1 The Operator holds a Liquor License. No independent sale of any alcoholic beverages is permitted at the Facilities.
18 Event Medical Services
18.1 The Client is responsible for arranging for Event Medical Services (Paramedics, EMT or Ambulances), as required, to be present during the Event to deal with medical situations that may occur.
19 Cancellation and Postponement Policy
19.1 Notwithstanding clause 12 of the General Terms and Conditions, but subject to clause 15 of the General Terms and Conditions, if the Client cancels or postpones a Festival or Exhibition, or any part of a Festival or Exhibition, the Client agrees that:
(a) If the cancellation or postponement is at least three (3) months prior to the Event Date, the Deposit will be retained by the Operator.
(b) If the cancellation or postponement is at least two (2) months prior to the Event Date, the Deposit will be retained by the Operator and the Client will pay the Operator 100% of the total room hire portion of the Estimated Event Price quoted by the Operator.
(c) If the cancellation or postponement is within two (2) months of the Event Date, the Deposit will be retained by the Operator and the Client will pay the Operator 100% of the total room hire portion and 50% of the remaining portion of the Estimated Event Price quoted by the Operator.
(d) If the cancellation or postponement is within five (5) Business Days of the Event Date, the Deposit will be retained by the Operator and the Client will pay the Estimated Event Price and 75% of projected Event revenue from food and beverage services to the Operator.
19.2 All cancellations and postponements must be notified to the Operator in writing. An Event may only be postponed to an alternative date if agreed by the Operator.