TERMS & Conditions of THRILL events pl, activities & services booked:
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 and 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, organisation, person, individual, participant, partner, association, business or any other entity described in the contract.
1.4 “Services” means the activities, program, events, 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, quote, contract, email/s, 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 Quote or Contract.
3.2 A minimum 50% holding deposit or full payment is required within 7 days of acceptance. Balance is due 21 days prior to the program service delivery date. Full cleared payment within allocated time period validates specials or free offer/s.
3.3 Bookings within 21 days of the program or event date require 100% full payment to be paid prior to the Services.
3.4 Credit Card transactions – A financial institution processing fee of 2% for Visa, Mastercard and Amex is accepted to be charged and will be paid. Calculated on the total amount paid via supplied credit card/s details. Multiple failed payment processing of credit cards incurs a charge of $55 +gst for each subsequent transaction attempt after first two failed attempts.
3.5 EFT or Direct Debit payments accepted. THRILL events p/l also trading as THRILL.
Bank details on Booking Form or Tax Invoice supplied when booking form is received.
3.6 The Services are secured once a Booking Form, Contract, Acceptance (verbal or written) or Deposit is received by THRILL events p/l.
3.7 All Services must be paid in full and cleared into THRILL events p/l accounts prior to participation of the program/event date.
3.8 THRILL events p/l reserve the right to charge late booking fees for less than 14 days notice.
3.9 Payments not received by Services date will incur and be invoiced a surcharge of 1% of total Services costs, cumulative, for each day overdue until cleared and paid in full.
4.1 Minimum final Client numbers are required 14 days in advance of Services. 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 Services cost divided by participant numbers accepted.
4.3 Minimum Client numbers and total costs quoted or contracted will be charged and must be paid. Regardless if participants fail to show (no show) or decrease prior to or during the Services.
4.4 Decrease in client numbers is allowed up until 14 days prior to the Services and will be charged at 50% per client cancellation.
5. Cancellations – Written notice required. Cancellation is calculated on the contracted program cost.
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 and any discounts).
5.2 Less than Twenty-Eight Days (<28) but greater than Twenty-One Days (>21) written notice is required, 35% of total costs must be paid (excluding free offers and any discounts).
5.3 Less than Twenty One Days (<21) but greater than Fourteen Days (>14) written notice is required, 50% of total costs must be paid (excluding free offers and any discounts).
5.4 Less than Fourteen (<14) Days, Written notice is 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 any cancellation by the Client.
5.6 Failure to attend or cancelling events/services with no written notice will result in no refund/s. All outstanding monies are required to be paid in full by the program date.
5.7 In the event Services are cancelled or not deliverable by THRILL events p/l. Thrill will in consultation with the Client make a final decision as to whether to proceed based on prevailing conditions. If due to extreme weather conditions, natural disasters and/or terrorism acts prevent the Services from proceeding and where no other alternative to alter the Services exists. THRILL offers up to 50% refund of the cost component that was not deliverable.
6. Transfers, Date, Program, Activities or Content Changes – All notification/s must be supplied in writing
6.1 Amendment fees > 28 Days are 10%, 21-28 Days are 20%, 14-20 Days are 25% of the Services costs are charged.
6.2 No changes to Services, program, dates, minimum charges and minimum numbers accepted within fourteen (14) Days of the program unless approved by THRILL events p/l directors.
6.3 Refunds are not available. All date changes or transfers will only be accepted by a replacement superseding contract of the current 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 of the Contracted Services date.
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 and activities
7.1 All damage to facilities, equipment and environments, loss of business or theft conducted or caused by the Client or its Participants must be paid in full, within 48hrs of Contracted Services.
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 Services 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 Services are 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 services shall be liable for any direct, indirect, special or consequential damages arising out of the supply or use of the Services or inability to use the Services 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 Services.
8.5 Force Majeure; The Organiser will not be liable or required to provide Services detailed or contracted if prevented doing so by events beyond the control of the Organiser, such as acts of terrorism, natural disasters, transport breakdowns, security breaches, industrial action, extreme unanticipated conditions.
8.6 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 is 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 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 Services.
10.2 Ensure all participants are prepared for: Physical Activity, Rapid weather changes, wet, hot or cool conditions, which can be experienced in and around the Services environments.
10.3 The Organisers staff determines the suitability of conditions for all events and programs. Thrill events p/l will consult with Clients if postponement is required, additional charges may apply.
10.4 The Client agrees that the Services may be altered at the Organisers discretion due to safety considerations, accessibility, inclement weather conditions and unforeseen issues.
11.1 The Organisers Services 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 Events Services.
11.3 If in doubt of the physical, mental or emotional capacity of participants, Thrill events p/l 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/Media may be taken of the Client, the Participants and Services by the Organiser and may be utilised for future promotional purposes.
11.6 Thrill Events does not provide any licencing or permits for the rights, copyrights of any recordings or further use of performance materials beyond the date and time of the Services where that licence has been paid.
11.7 Thrill requires participants to provide a release for utilisation of media taken of the Services.
11.8 The Organiser will have all participants provide a waiver of liability. If this cannot be provided, the Client accepts all responsibilities and risks of the participants who may choose to participate.
11.9 The Organiser will not be required to provide the Services detailed and or contracted if prevented by acts or omissions of the Client, The Environment and or Participants.
11.10 Personal insurance is the decision of the Individual, Participant or the Client. The Organiser does not automatically provide personal insurance.
11.11 The Organiser may charge an Event Management Planning / program development / organisers fee of $225 per hour + gst for the development of any content, changes or organisation of Services.
11.12 The Organiser holds a current public liability policy to the amount of $20million.
11.13 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 Services after such notice, this will constitute acceptance of the variation/s by the Client.
11.14 The 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.
11.15 All intellectual property, content developed or produced, systems and programs remain copyrighted and owned by THRILL events p/l and may not be reproduced
THRILL events pty ltd Terms and Conditions re Contract of Service and Booking – Operations 9th November 2019.