EVENT TERMS AND CONDITIONS

The following conditions are both of sale (including any resale or subsequent assignment) and conditions of attendance at any event or hospitality (including, without limitation, use of corporate suites).  You agree to these terms and conditions by registering for or attending an EFC event or hospitality or an event or hospitality sold by EFC on behalf of a third party. If you choose not to be bound or fail to abide by the terms and conditions, your attendance at the event or hospitality may be prohibited. If you are booking on behalf of other attendees you should direct them to these terms and conditions.

1. Definitions and interpretation:
   1. In these terms and conditions:

1. 1. “hospitality” includes use of a corporate suite;
   2. “Personnel” of a party or other person means the officers, employees, agents, contractors and invitees of the party or other person, and in the case of you, any Sub-client and such Sub-client’s officers, employees, agents, contractors and invitees;
   3. “Sub-client” means a person to whom you on-sell or commercialise your rights in relation to a corporate suite under clause 15(a)(iii);
   4.  “Suite Expenses” means all costs and expenses relating to use of a corporate suite including food and beverages, whether incurred under an EFC hospitality package chosen by you, or separately provided to you or your invitees by a venue caterer or other person in relation to the corporate suite; and
   5. “including” is not a word of limitation.
2. Prices and payment: All prices are inclusive of GST. Payment in full is required at the time of booking (or unless otherwise specified).
3. Conditions of entry: It may be a condition of entry to individual events or hospitality that a search of the person and / or their possessions will be required at the time of the entry to the venue. Cameras, audio and video recorders may not be permitted. The right is reserved to broadcast or telecast any event live or delayed. Entry may be refused if tickets are damaged or defaced in any way.
4. Program: EFC reserves the right to alter the event or hospitality program as advertised at any time without prior notice, including the date, venue, seating arrangements, audience capacity, entertainment and activities. Every effort will be made to ensure a program of equivalent standard. If the date, time or venue of an event or hospitality is rescheduled or changed, your ticket will remain valid for the rescheduled date, venue and time.
5. Event postponement: Should an event or hospitality be postponed due to unforeseen circumstances, all tickets purchased for the original date will be transferred to the rescheduled date.
6. Event cancellations: Should an event or hospitality be cancelled due to unforeseen circumstances, EFC will endeavour to process a full refund within 30 days of such circumstances becoming known.
7. Substitutions: Should an attendee be unable to attend the event or hospitality, they may send someone else in their place. Bookings will remain under the original booking name.
8. Refunds: Except as specifically provided in these terms and conditions or as required by law, tickets are not refundable and cannot be exchanged for other events or benefits. 
   
   If you cannot attend a rescheduled event or hospitality and you contact us for a refund in a timely manner by emailing us at events@essendonfc.com.au and provide the original ticket(s) and proof of purchase, EFC will refund to you the ticket price inclusive of booking fees but exclusive of delivery or mail fees and/or any processing surcharge. If you are entitled to a refund and EFC has not already mailed your ticket, then EFC will also refund you any delivery fee associated with the purchase of such ticket(s). If a refund is made, EFC may, to the extent permitted by law, retain any fee it has been charged. All refunds will only be made back to the credit card of the individual, organisation or institution used in the original transaction from which payment was received. Notwithstanding these terms and conditions, if you use a “disposable” or “temporary” credit card (such as those purchased over the counter at supermarkets) for your purchase, we are not able to make any refund to you unless a) you can provide full details of the credit card; b) the credit card remains valid; and c) you can produce the online purchase receipt.
9. Lost tickets: EFC reserves the right to charge a fee for the replacement of tickets. EFC reserves the right not to replace tickets where seating is not allocated (general admission tickets).
10. Image Release: In registering or booking for and attending EFC events, attendees grant permission to EFC, its agents and others working under its authority, to take and to have full and free use of video/photographs/recordings containing their image/likeness. These images may be used for any purpose by or for EFC including promotional, news, on-line/multimedia, research and/or education. Attendees agree that they are not entitled to remuneration, residuals, royalties or any other payment from EFC in respect of their image/likeness or its use. Attendees release, discharge, and hold harmless, EFC and its agents from any and all claims, demands or causes of actions that they may hereafter have by reason of anything contained in the photographs or video. Should an attendee not agree to the above image release, they must advise EFC in writing by emailing events@essendonfc.com.au
11. Event attendance: The right of admission to an event or hospitality may be subject to the venue's terms of admission. EFC does not accept any responsibility for the security of or safety of the personal belongings of either you or those who attend the event with you.
12. Behaviour: You must be fully responsible for your own conduct and for the conduct of those who attend the event or hospitality with you or at your invitation. EFC reserves the right to prohibit entry of any person to an EFC event, or eject any person from an event or hospitality based on behaviour deemed inappropriate by EFC staff and/or its agents and others working with its authority. You must comply at all times (and ensure that your guests comply at all times) with EFC’s Events Code of Conduct (available at http://www.essendonfc.com.au/events/eventscodeofconduct) which forms part of these terms and conditions.
13. Resale and/or use of tickets: Tickets may not, without the prior written consent of EFC, be resold or offered for resale 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 may be refused admission.
14. Scalping warning: The resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
15. Privacy and communications:
    1. EFC handles the personal information it collects in connection with payments, bookings and attendance in accordance with its Privacy Policy, which can be found at: http://www.essendonfc.com.au/privacy.  Our privacy policy explains how we use and disclose the personal information (including any overseas disclosures), how to request access to or correct your personal information and how to make a privacy complaint and how we handle complaints. EFC will use and disclose your personal information to process payments, deal with enquiries and disputes, manage events and it may also send you information about EFC events, promotions and specials and on behalf of selected third parties. The terms of the Privacy Policy form part of these terms and conditions.

1. 2. You confirm that you have the consent of all the individuals whose personal information you provide to EFC and you have let them know about EFC's privacy policy.

15. 3. If you do not wish to receive updates from EFC or selected third parties, you can email events@essendonfc.com.au to opt out.
    4. For more information about opting out of further direct marketing communications refer to EFC’s Privacy Policy.
16. Corporate Suites
    1.  If EFC grants you the right (or otherwise permits you) to use or access a corporate suite, you agree that you:

1. 1. will liaise only with EFC Personnel in relation to hospitality and catering requirements in connection with the corporate suite;
   2. are solely responsible for all Suite Expenses;
   3. may on-sell or commercialise your rights (other than this right to on-sell or commercialise rights) to use and access a corporate suite only with EFC’s consent (which may be given, given with conditions or withheld in EFC’s absolute discretion);
   4. will not advertise, market or promote yourself in a way so as to imply any association, sponsorship or connection with the venue operator or EFC, without the prior written consent of EFC; and
   5. you are responsible for any damage caused by you or your Personnel’s use of the corporate suite, including, damage to any person or property, and you further agrees to make good, at your expense, any damage and/or reimburse EFC for the cost of making good works in relation to such damage.

1. 2. If you on-sell or commercialise your rights under clause 15(a)(iii), you remain (without limiting clause 19(e)) fully responsible to EFC for the conduct of a Sub-client and its Personnel, and you must ensure that a the Sub-client complies with your obligations under these terms and conditions as if it was you.
2. No waiver by EFC: Any waiver by EFC, when exercising any right, power or provision of these terms and conditions, does not mean a waiver of any other right, power or provisions or the same one in the future. Also any delay in exercising a right, power or provision should not be taken to be a waiver by EFC.
3. Laws of Victoria: These terms and conditions and any claims, actions or disputes are governed by the laws of Victoria.
4. Liability
   1. All express or implied guarantees, warranties, representations or other terms relating to these terms and conditions or their subject matter, not expressly set out in these terms and conditions, are excluded from the agreement between EFC and you to the maximum extent permitted by law.
   2. Nothing in these terms and conditions excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation that cannot be lawfully excluded or limited. This may include the Australian Consumer Law, which contains guarantees that protect the purchasers of good and services in certain circumstances.
   3. If any guarantee, warranty, term or condition is implied or imposed in relation to these terms and conditions under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and EFC is able to limit your remedy for a breach of the Non-Excludable Provision, the liability of EFC for breach of the Non-Excludable Provision is limited to one or more of the following at EFC's option:
      1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
      2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
5. 4. Attendance is voluntary and at the individual's own risk and, subject to clauses 18(a) and 18(b), you agree that EFC (including its officers, employees and agents) is excluded from all liability (including for negligence) for any personal injury, death or illness or any loss or damage, whether direct, indirect, special or consequential, arising in any way out of or in relation to the event or hospitality.
   5. To the maximum extent permissible by law, subject to clauses 18(a) and 18(b), you indemnify EFC and its Personnel against any loss, damage, liability, cost or expense (including legal costs on a full indemnity basis) suffered or incurred by any of them directly or indirectly as a result of:
      1. any breach of your obligations under these terms and conditions;
      2. any liability of EFC to a third party arising as a result of the conduct of you or your Personnel in relation to any event or hospitality; and
      3. any personal injury, death or property damage to any person as a consequence of any acts or omissions of you or any of your Personnel including during any events or otherwise in relation to any in relation to any event or hospitality, except to the extent that such loss, damage, injury or death is caused or contributed to by the negligent acts or omissions of EFC.

19. Severance

1. 1. Any provision of these terms and conditions will be read down to the extent necessary to prevent that provision or these terms and conditions being invalid, voidable or unenforceable in the circumstances.
   2. If, despite clause 19(a), a provision of these terms and conditions is still invalid or voidable:

1. 1. if the provision would not be invalid or voidable if a word or words were omitted, that word or those words will be deleted; and
   2. in any other case, the whole provision will be deleted, and the remainder of these terms and conditions will continue to have full force and effect.