Terms and Conditions of booking and participation in THRILL events Pty Ltd activities and services:

1. Definitions

1.1  "Contract" means this document, an agreement, which is an acceptance of and by the Company to utilise or participate in the described services and activities.

1.2  "Organiser" means the company THRILL events p/l ABN 36 137 966 002 shall include all employees, agents, or contractors of the organiser.

1.3  "Company" means the customer, client, person, partner, association or any other entity described in the contract.

1.4  "Service" means the activities, program, content literature, preparation, coordination, facilitation, instruction, guiding and delivery of such to the Client or Company.

2. Agreement

2.1   Neither this Agreement nor any term of it may be amended or any term waived, except in writing, signed by the parties.

2.2   This Agreement is constituted by the contract, acceptance form and the conditions as set out here. This Contract constitutes the full and entire understanding between the parties with regard to the contract and supersedes all prior contracts and representations between the parties.

3. Payment and Charges

3.1  The Company agrees to pay the GST inclusive costs as described in the accepted email, booking form or 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 14 days of the program date require 100% full payment to be paid prior to the program, unless other arrangements are formalised.

3.4 Credit Card transactions - A financial institution processing fee of 3% is charged. Calculated on the total amount paid via credit card.

3.5  EFT or Direct Debit is preferred; with no extra financial institution processing fees. THRILL events p/l banking details are supplied with Tax Invoice receipt.

3.6 The Program is confirmed once the booking acceptance is signed and received by THRILL events p/l.
Unless the Program cannot be delivered by The Client on the date and or times requested. Or a deposit is received.

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.

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. Numbers

4.1 Minimum final client numbers are required 14 days in advance of program. Increases in client numbers may be available, to 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 and total costs quoted or booked will be charged and must be paid regardless if participant numbers 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 by the client within 48hrs of cancellation.

5.6 Failure to attend program or cancelling program with no written notice will result in no refunds. All outstanding monies are required to be paid in full by program date.

5.7 In the event a program is cancelled by THRILL events p/l in consultation with the client on the day, 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 events p/l offers a 30% refund of the program cost.

6. Transfers / Date, Program & Content Changes

6.1 Notification must be received 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 participant numbers accepted within fourteen (14) days of the program unless approved by Thrill directors. Increases in participant numbers may be available.

6.3 Refunds are not available. All date changes or transfers can only be accepted by a replacement / superseding version of the contract or booking.

6.4 Any non-transferable component of monies paid by the Organiser to other agents or parties on the Company or Client's behalf must be paid to the Organiser within 48hrs.

6.5 THRILL events p/l in consultation with the client reserves the right to alter locations, venues, catering, accommodation, transport and activities with comparable locations, venues, catering, transport & activities.

7. Damages

7.1 All damage to facilities & environments, loss of business or theft of equipment caused by the Company, Client or Person 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 and the Organiser shall at its own expense, adequately insure and keep insured against public risk 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 such as the Trade Practices Act and 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, and 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 required to provide the services detailed or contracted if prevented by doing so by acts of terrorism, extreme weather, unanticipated extreme conditions or natural disasters.

8.6 The provisions of clause 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. Responsibility

9.1 The organiser only accepts responsibility for the programs and activities, which are under the direct guidance and instruction of the Organiser.

9.2 Subcontracted venues, catering, accommodation, transportation, activities and staffing by the Organiser are the responsibility of the individual organisation/s and operator/s.

10. Weather

10.1 Programs continue despite changes in weather conditions, or due to rain. Slight variations in the program services may be encountered to enable delivery of the service.

10.2 Ensure all participants are prepared for: rapid weather changes, wet, hot, cool & cold conditions, which can be experienced in outdoor environments.

10.3 The Organiser determines the suitability of environmental conditions for all programs.

10.4 The Client accepts and agrees that Programs & Services, may at the Organisers discretion be altered in the event of inclement weather conditions, or due to safety & access considerations.

11. Miscellaneous

11.1 The Organisers Services, Programs and Activities have associated risks, which are typically beyond the normal risks encountered in work and home environments.

11.2 The Client Company is responsible to make itself familiar with all risks and their participant's ability to cope with such risks and activities. Collectively there is an assumption of Risk of participation in all Thrill Services, Programs & Activities.

11.3 If in doubt of the physical and emotional capacity of any participants, we encourage your company and delegates to seek medical advice.

11.4 All actions of the clients are the contracted Client Company and participating individuals responsibility.

11.5 Photography may be taken of the Client, the Company, the program and services which 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, or Clients employees.

11.7 Personal insurance is the decision of the individual or client company. The Organiser does not automatically provide any 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 ten days notice to the Client or Company. If the Client or Company continues to use the Service after such notice, this will constitute acceptance of the variation/s by the Client or Company.

11.10 The Contract is governed by the laws in force in the State of New South Wales and the parties hereby agree to submit to the jurisdiction of the Courts of NSW.

11.11 All intellectual property, content developed, systems, programs and content produced remain copyrighted and owned by THRILL events p/l and may not be reproduced.

THRILL events Pty Ltd   Operations - 10:45am 1st July 2010 - Director