General
These Conditions govern the order, purchase, issue and use of SailGP Adrenaline Yachts Packages for the Event. Any person who requests, orders, purchases, uses or attempts to use any SailGP Adrenaline Yachts Package and who enjoys the rights, benefits and privileges of any SailGP Adrenaline Yachts Package will be deemed to have agreed to comply with and be bound by these Conditions.
Definitions
- In these Conditions:
“Boat” means the boat used by You in connection with the enjoyment of Your SailGP Adrenaline Yachts Package;
“Booking Agreement” means the booking agreement signed by you in respect of Your purchase of a SailGP Adrenaline Yachts Package;
“Conditions” means these terms and conditions as updated by the Promoter from time to time;
“Event” means the SailGP Sydney event to be held in Sydney from 28-29 February 2020;
“GST” has the meaning given in the GST Law and includes an amount payable under or in accordance with section 5 of the GST and Related Matters Act 2000 (Qld) or equivalent legislation;
“GST Law” has the meaning given to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
“Guest/s” means You and any person invited by You to enjoy the rights, benefits and privileges of any SailGP Adrenaline Yachts Package purchased by You;
“Invoice” means the invoice issued by the Promoter to You including details of the Total Price and the benefits to be provided by the Promoter and SailGP in connection with the SailGP Adrenaline Yachts Packages;
“Personnel” means officers, directors, employees, agents, subcontractors and volunteers;
“Price” means the price payable by You in return for a SailGP Adrenaline Yachts Package, being:
(a) 40-60 foot vessel - $1,000 per day/ $1,500 for the weekend (GST inclusive);
(b) 60-80 foot vessel - $2,000 per day/ $3,000 for the weekend (GST inclusive);
(c) 80-100 foot vessel - $3,000 per day/ $4,500 for the weekend (GST inclusive); or
(d) 100 foot plus vessel - $5,000 per day/ $6,500 for the weekend (GST inclusive),
together with the following additional fees if You choose to purchase these additional benefits:
(e) the right to display branding on up to 50% of the exterior surface of Your Boat - $2,500 for the weekend (GST inclusive);
(f) the price notifed to You in respect of each ticket You purchase to attend the “welcome dinner” to be held on 28 February 2020; and
(g) for 80-100 and 100 foot plus vessels only, additional Adrenaline Lounge tickets - US$1,000 per ticket (GST inclusive) (at the Australian Dollar exchange rate applicable on the date of invoicing).
“Promoter” means Ocean Media Pty Limited (ABN 80 120 093 996) and includes its successors and assigns;
“SailGP” means F50 Australia Pty Limited (ABN 60 626 915 320) and includes its successors and assigns;
“SailGP Property” means any and all intellectual property owned by SailGP or licensed to SailGP for use and exploitation and all intellectual property rights in and attaching to such property;
“SailGP Adrenaline Yachts Package Flag” means the flag that that grants Your Boat premium position on the Event’s race course perimeter on 28 and/or 29 February 2020 within the SailGP Adrenaline Yachts Viewing Area;
“SailGP Adrenaline Yachts Package Holder” means any purchaser of a SailGP Adrenaline Yachts Package, including (without limitation) You;
“SailGP Adrenaline Yachts Packages” means the SailGP Adrenaline Yachts Packages, comprising:
(a) for 40-60 foot and 60-80 foot vessels:
(i) a SailGP Adrenaline Yachts Package Flag that grants premium position on the Event’s race course perimeter on 28 and/or 29 February 2020 within the SailGP Adrenaline Yachts Viewing Area;
(ii) a Tour of the Team Australia Team Base on Cockatoo Island at a date and time to be determined by SailGP (for up to 6 people, provided that persons under 18 years of age must be accompanied by adults at a ratio of not less than one adult for every two persons under 18 years of age); and
(iii) up to six branded Event caps; and
(b) for 80-100 foot and 100 foot plus vessels:
(iv) a SailGP Adrenaline Yachts Package Flag that grants premium position on the Event’s race course perimeter on 28 and/or 29 February 2020 within the SailGP Adrenaline Yachts Viewing Area;
(v) a Tour of the Team Australia Team Base on Cockatoo Island at a date and time to be determined by SailGP (for up to 12 people, provided that persons under 18 years of age must be accompanied by adults at a ratio of not less than one adult for every two persons under 18 years of age);
(vi) up to 12 branded Event caps;
(vii) Adrenaline Lounge access for up to 2 people (with tickets to be utilised, in respect of a one day package, on the race day of Your SailGP Adrenaline Yachts Package and, in respect of a weekend package, on one of the two race days); and
(viii) the right to purchase additional Adrenaline Lounge tickets at a cost of $1,000 per ticket (GST inclusive),
together with (for 80-100 foot and 100 foot plus vessels only) the option to purchase the following additional benefits at an additional cost:
(ix) the right to display branding on up to 50% of the exterior surface of Your Boat; and
(x) tickets to the Event “Welcome Dinner” to be held on 28 February 2020;
“SailGP Adrenaline Yachts Viewing Area” means the designated SailGP Adrenaline Yachts viewing area on the Event’s race course perimeter;
“Total Price” means the total price payable by You in respect of the purchase of one or more SailGP Adrenaline Yachts Packages; and
“You” or “Your” means the person or organisation that has purchased a SailGP Adrenaline Yachts Package and submitted a signed Booking Agreement in accordance with these Conditions.
Purchasing SailGP Adrenaline Yachts Packages
2. You may purchase SailGP Adrenaline Yachts Packages from the Promoter by contacting Hillary Buckman via email at hbuckman@oceanmedia.com.au.
3. You must be 18 years of age or over at the time of making a request to purchase a SailGP Adrenaline Yachts Package or signing a Booking Agreement.
4. The Promoter may accept or refuse any request to purchase a SailGP Adrenaline Yachts Package in its absolute discretion and does not guarantee that a request to purchase a SailGP Adrenaline Yachts Package will be accepted.
5. If the Promoter accepts your request to purchase a SailGP Adrenaline Yachts Package, the Promoter will provide you with a Booking Agreement for you to complete, sign and return to the Promoter. You acknowledge that You may not withdraw Your completed, signed and returned Booking Agreement.
6. You agree that the Promoter may contact You to clarify any information contained in your request to purchase or in Your Booking Agreement or for any purpose associated with processing Your Booking Agreement.
7. SailGP Adrenaline Yachts Packages are subject to availability.
Payments
8. If the Promoter accepts Your request to purchase a SailGP Adrenaline Yachts Package and You have signed a Booking Agreement, the Promoter will either process Your payment using the credit card details provided by you in Your Booking Agreement for the Total Price or issue You with an Invoice.
9. The Total Price must be paid within 14 days of Your signed Booking Agreement being submitted.
10. If payment is not made by the relevant due date, the Promoter reserves the right to cancel the SailGP Adrenaline Yachts Package purchased by You under the terms of Your Booking Agreement and sell the SailGP Adrenaline Yachts Package to a third party.
11. The Promoter will not issue the SailGP Adrenaline Yachts Package Flag until full payment has been received by the Promoter.
12. Unless otherwise specified, all SailGP Adrenaline Yachts Package prices are payable in Australian Dollars ($AUD) and are inclusive of GST.
13. Any and all charges payable as a result of You paying or attempting to pay for a SailGP Adrenaline Yachts Package in another currency are Your responsibility.
SailGP Adrenaline Yachts Packages
14. Your SailGP Adrenaline Yachts Package Flag will be available for collection by You at a location advised by the Promoter. The Promoter will not be responsible for the loss of Your SailGP Adrenaline Yachts Package Flag due to Your failure to provide the Promoter with correct delivery details or to collect Your SailGP Adrenaline Yachts Package Flag.
15. In connection with the enjoyment of your SailGP Adrenaline Yachts Package, You acknowledge and agree that:
(a) The captain of Your Boat must attend a briefing in Sydney at a date and time to be determined by SailGP;
(b) You may only fly the SailGP Adrenaline Yachts Package Flag on Your Boat during the Event;
(c) You must provide details to SailGP in relation to the captain of Your Boat and Your Boat’s specifications by no later than 17 February 2020;
(d) You must follow the directions given by SailGP in relation to the position of Your Boat during the Event;
(e) You must return Your SailGP Adrenaline Yachts Package Flag to SailGP by no later than 1 March 2020;
(f) You must comply with all venue and accreditation conditions of entry and requirements in place with respect to the Event, including (if applicable) the Adrenaline Lounge Terms and Conditions available at https://www.sailgp.com/general/adrenaline-lounge-hospitality-terms-and-conditions/, and follow all reasonable directions of SailGP and Event Personnel;
(g) You must provide to SailGP the names, contact details and any other information requested by SailGP of all of Your Guests at least 14 days prior to the Event; and
(h) You must appoint a single person to act as Your single point of contact for the Promoter and SailGP, with the name and contact details of that person being provided to the Promoter upon payment of the Total Price.
Access to SailGP Adrenaline Yacht Viewing Area
16. The SailGP Adrenaline Yachts Package Flag grants the SailGP Adrenaline Yachts Package Holder access to the SailGP Adrenaline Yachts Viewing Area on the dates and times notified to the SailGP Adrenaline Yachts Package Holder.
17. In using a SailGP Adrenaline Yachts Package Flag to gain access to the SailGP Adrenaline Yachts Viewing Area, the SailGP Adrenaline Yachts Package Holder and each Guest agrees to comply with and be bound by these Conditions.
18. Any person who fails to comply with these Conditions, including SailGP Adrenaline Yachts Package Holders or their Guests, may be refused admittance to or ejected from the SailGP Adrenaline Yachts Viewing Area and have their SailGP Adrenaline Yachts Package Flag confiscated, cancelled or invalidated.
Conduct
19. You are responsible for the conduct, acts and omissions of You and Your Guests whilst at the Event (including the SailGP Adrenaline Yachts Viewing Area and whilst attending the Tour of the Team Australia Team Base), and must ensure that Your Guests understand and comply with these Conditions at all times.
20. Unless expressly permitted in writing by SailGP in advance, the following are prohibited in or about the SailGP Adrenaline Yachts Viewing Area and the Tour of the Team Australia Team Base: (a) waste emissions; (b) nuisance or unreasonable annoyance to the owners or occupiers of adjacent areas or facilities or the owners, captains or passengers on other vessels; (c) swimming; (d) any action or inaction that could cause damage to or interference with use by third parties; (e) the offering or delivery of any corporate hospitality or similar functions on board Your Boat; (f) any publicity or activity, whether commercial or not, not authorised by SailGP which (in the reasonable opinion of SailGP) associates You or the captain of Your Boat or any Guest or Your Boat with SailGP or exploits the publicity or goodwill of SailGP or the Event or has the effect of diminishing the status of any commercial partner of SailGP or which conflicts with the interests of, or competes with the image of, SailGP and/or any such commercial partners; (g) any form of betting or gambling whatsoever; (h) the offering of any goods or services for sale, including (without limitation) newspapers, periodicals, drinks, food, souvenirs, clothes or other merchandise; or (i) the distribution or giving away or attempt to distribute or give away any free items or any political, religious, charitable, commercial, advertising or promotional materials; and/or (j) any other action or inaction prohibited by SailGP from time to time (acting reasonably).
21. You, the captain of Your Boat, each Guest and/or Your Boat may be searched or screened (including a reasonable search of You, the captain of Your Boat and/or a Guest’s bags, clothes and other possessions) by or on behalf of SailGP prior to entry into or at any time within the SailGP Adrenaline Yachts Viewing Area and the Tour of the Team Australia Team Base. Should You, the captain of Your Boat or a Guest refuse to be searched in accordance with this Condition, You, the captain of Your Boat or Guest (as applicable) may be refused admission to and/or removed from the SailGP Adrenaline Yachts Viewing Area and the Tour of the Team Australia Team Base without refund or compensation. Prohibited items may be removed, confiscated and/or destroyed at the discretion of SailGP and without obligation to return such items to You, the captain of Your Boat or Guest or to compensate You, the captain of Your Boat or Guest in respect thereof.
22. You and Your Guests must not damage any property and You will be responsible for any direct, reasonable and verifiable costs incurred by SailGP in repairing any unauthorised damage to any property to the extent caused or contributed to by You or Your Guests.
23. The Promoter, SailGP and any of their Personnel may, at their discretion, remove or relocate any person who they reasonably believe to be in breach of these Conditions or who is displaying unacceptable behaviour (including without limitation, any conduct that is likely to offend, insult, intimidate, threaten, humiliate, vilify or disparage any other person) from the SailGP Adrenaline Yachts Viewing Area, the Tour of the Team Australia Team Base and from any other venues associated with the Event, including through the removal of accreditation, the cancellation of the Tour of the Team Australia Team Base and the removal of Your SailGP Adrenaline Yachts Package Flag;
24. You acknowledge that the Promoter or SailGP may (or may procure that third parties on their behalf):
(a) require You or Your Guests to vacate the SailGP Adrenaline Yachts Viewing Area within a certain time after completion of the Event or any part of the Event; and
(b) require You or Your Guests to vacate the SailGP Adrenaline Yachts Viewing Area where it is reasonable to do so or required by law,
25. You acknowledge that neither the Promoter nor SailGP will be liable for any losses suffered by You or Your Guests (or any third party) where You or Your Guests are denied entry to or removed from the SailGP Adrenaline Yachts Viewing Area as a result of You or Your Guests failing to comply with these Conditions.
Refunds of SailGP Adrenaline Yachts Packages
26. The Promoter and SailGP reserve the right to make changes to the times, dates and places of the Event due to unforeseen circumstances, including, without limitation, a force majeure event, safety and security concerns and/or decisions from a competent authority, including, without limitation, any race management, stewards or other officials involved with the Event. SailGP will make reasonable attempts to adhere to any published Event program, but will not be able to guarantee that the published Event program can be maintained.
27. SailGP reserves the right to cancel the whole or a part of the Event as a result of a force majeure event. In the event of such a cancellation, the Promoter and SailGP shall reasonably determine what, if any, refund, shall be applied in respect of SailGP Adrenaline Yachts Packages. Based on this decision, the Promoter may be entitled to retain the whole or a part of any payment received in respect of a SailGP Adrenaline Yachts Package. The Promoter and SailGP will directly inform SailGP Adrenaline Yachts Package Holders in relation to refunds by contacting You using the email address You provided in Your Booking Agreement. SailGP’s refund policy can be found at https://sailgp.com/general/sydney-sailgp-adrenaline-yachts-refund-policy/.
28. Save to the extent set out in these Conditions, or as required by the Australian Consumer Law, any sale of a SailGP Adrenaline Yachts Package is final and non-refundable.
29. Whilst every reasonable effort will be made to ensure that the Event is delivered in accordance with the published Event program, SailGP reserves the right, in its absolute discretion, to make any changes to the Event which do not, in the reasonable opinion of SailGP, materially affect the quality of the SailGP Adrenaline Yachts Package.
30. The SailGP Adrenaline Yachts Package Holder acknowledges and accepts that the nature of the Event means the format, timing and potential continuation of the Event are all potentially subject to change, variation, postponement, abandonment and cancellation. On this basis, the SailGP Adrenaline Yachts Package Holder acknowledges that SailGP will rely on the expertise and experience of race directors and staff to determine what steps should be taken in connection with the Event and the SailGP Adrenaline Yachts Package to reflect the specific circumstances of any such change, variation, postponement, abandonment and/or cancellation.
31. It is the SailGP Adrenaline Yachts Package Holder’s responsibility to ascertain whether the Event or any part of the Event has been cancelled or re-scheduled, and the date and time of any re-scheduled part of the Event. Where any part of the Event is cancelled or re-scheduled, the Promoter and SailGP will use reasonable endeavours to notify the SailGP Adrenaline Yachts Package Holder using the details provided with their Booking Agreement, however the Promoter and SailGP do not guarantee the SailGP Adrenaline Yachts Package Holder will be informed of such cancellation before the date of the relevant part of the Event. Each SailGP Adrenaline Yachts Package Holder should, therefore, regularly review the websites and social media channels of the Promoter and SailGP to keep up to date with the scheduling and operation of the Event.
32. In connection with any cancellation or abandonment of any part of the Event, the SailGP Adrenaline Yachts Package Holder acknowledges and agrees that:
(a) the race director’s decision on how much of the Event has taken place will be final;
(b) the Promoter’s and SailGP’s decision on the refund policy for each SailGP Adrenaline Yachts Package will be final; and
(c) only the original SailGP Adrenaline Yachts Package Holder is eligible for a refund, based solely on the actual price paid for the SailGP Adrenaline Yachts Package.
SailGP Adrenaline Yachts Packages and on-selling
33. SailGP Adrenaline Yachts Packages are strictly non-transferable, except to the extent expressly permitted by these Conditions. A purchaser of a SailGP Adrenaline Yachts Package may only purchase that SailGP Adrenaline Yachts Package for their own personal use and for the personal use of their Guests.
34. The benefits conferred by a SailGP Adrenaline Yachts Package Flag are personal to the purchaser of a SailGP Adrenaline Yachts Package and their Guests, and are not otherwise assignable or transferable, except as expressly permitted by these Conditions.
35. Neither a SailGP Adrenaline Yachts Package Flag nor any individual component of a SailGP Adrenaline Yachts Package (including access to the Team Australia Team Base Tour and Event branded caps) may be sold, transferred, offered for sale, advertised for sale, whether on the internet or via other media, including as part of a promotional or marketing activity and/or as a prize as part of a competition or similar type of prize draw.
Cancellation of the benefits of a SailGP Adrenaline Yachts Package
36. At the request of the Promoter or SailGP, a SailGP Adrenaline Yachts Package Holder must provide details (including the names) of their Guests, and the Promoter, SailGP or their Personnel may require, at any time, proof of the identity of the SailGP Adrenaline Yachts Package Holder or any of their Guests, including those attending the Team Australia Team Base Tour. The Promoter or SailGP may also request a full explanation in relation to the circumstances in which a person acquired the benefits attaching to a SailGP Adrenaline Yachts Package to determine whether that person has complied with these Conditions.
37. Any SailGP Adrenaline Yachts Package Flags or individual SailGP Adrenaline Yachts Package components that are sold, transferred, offered for sale, advertised for sale or otherwise acquired in contravention of these Conditions will be cancelled and declared void, without refund or compensation, and any person seeking to enjoy the benefits attaching to a SailGP Adrenaline Yachts Package acquired in contravention of these Conditions may be refused admission to or removed from the SailGP Adrenaline Yachts Viewing Area or from the Team Australia Team Base Tour, without refund or compensation, even if they were not aware of these Conditions or of any breach of these Conditions.
Signage, Advertising and Promotions
38. You acknowledge and agree that:
(a) SailGP holds all commercial rights in or attaching to the Event, including rights in relation to sponsorship, merchandising, ticketing and broadcasting, and that SailGP may exploit such rights in its absolute discretion;
(b) You must not do or omit to do any act or thing which You know or ought reasonably to know would have an adverse effect on any commercial rights relating to SailGP or the Event, including taking any photographs or audio-video recordings for commercial purposes;
(c) You must not engage in, authorise or facilitate any form of activity which implies or is an attempt to imply that You or Your Guests are associated or affiliated with SailGP or the Event in any way without SailGP’s prior written consent.
(d) You must not use any SailGP Property without SailGP’s prior written consent;
(e) no external facing advertising or promotion or display of signage or corporate identification will be permitted within the SailGP Adrenaline Yachts Viewing Area without SailGP’s prior written consent;
(f) no promotional items will be permitted to be brought into the SailGP Adrenaline Yachts Viewing Area without SailGP’s prior written consent;
(g) where any consent is required to be given by SailGP in accordance with this clause, SailGP may withhold such consent in its absolute discretion; and
(h) You consent to the recording and perpetual use of Your voice, image or likeness in any form or medium, including as part of any broadcast or recording of the Event and for any commercial purposes (including in advertising and promotional materials) without compensation, and that SailGP is the sole legal and beneficial owner of all copyright and other intellectual property rights subsisting in any photographs or audio-video recordings taken during the Event.
Confidentiality
39. You understand that information supplied to You by the Promoter or SailGP or anyone working with or on behalf of the Promoter or SailGP (except for information which is in the public domain before it is supplied) must be treated as confidential and You must not use or disclose that information to any third party (except to the extent required by law or by a court of competent jurisdiction or other competent authority).
Liability
40. You must ensure that Your Boat is in good repair and condition and is operated by a competent and experienced crew in compliance with all applicable laws, rules, regulations, licences and permits. You must also ensure that You have adequate insurance coverage in place that covers You, Your Boat and Your Guests with respect to the activities being undertaken by You in connection with the enjoyment of Your SailGP Adrenaline Yachts Package.
41. You and each of Your Guests acknowledge and agree that attendance at the SailGP Adrenaline Yachts Viewing Area is at the SailGP Adrenaline Yachts Package Holder’s own risk and that to the maximum extent permitted by law, neither the Promoter nor SailGP is liable for any loss, damage or harm, including (without limitation) bodily or mental harm, personal property damage or loss, or any other loss and/or harm arising from Your or Your Guests’ attendance at the SailGP Adrenaline Yachts Viewing Area and each SailGP Adrenaline Yachts Package Holder agrees that neither they nor their Guests will bring any claim, complaint or proceeding against the Promoter or SailGP in relation to any such loss or damage.
42. Each SailGP Adrenaline Yachts Package Holder and each Guest indemnifies and holds the Promoter and SailGP harmless from and against all loss, damage and liability suffered or incurred by either of them in connection with, resulting from, or arising out of:
(a) a breach by the SailGP Adrenaline Yachts Package Holder or one of their Guests of any of these Conditions; or
(b) any loss, damage, injury or death to any property or person as caused or contributed to by the SailGP Adrenaline Yachts Package Holder or their Guests.
General
43. If any provision or part of a provision of these Conditions can be read in a way that makes it illegal, unenforceable or invalid, but can also be read in a way that makes it legal, enforceable and valid, it must be read in the latter way.
44. If any provision or part of a provision of these Conditions is illegal, unenforceable or invalid, that provision or part provision is to be treated as removed from these Conditions, but the rest of these Conditions are not affected and continue as if that part was intended to be removed.
45. The Promoter reserves the right to remove or amend the sale of SailGP Adrenaline Yachts Packages at any point without prior notice.
46. The Promoter reserves the right to make amendments to these Conditions from time to time at the Promoter’s sole discretion and without notice. A full copy of the latest version of these Conditions (as amended, if appropriate) is available at https://sailgp.com/general/sydney-sailgp-adrenaline-yachts-terms-conditions/ and upon request, in writing from the Promoter.
47. Any information requests or other correspondence in relation to these Conditions should be directed to: rcovo@sailgp.com.
48. These Conditions are governed by the laws of New South Wales, Australia, and the Promoter, SailGP and all SailGP Adrenaline Yachts Package Holders and their Guests irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and waive any objection to the venue of any legal process in these courts on the basis that the process has been brought in an inconvenient forum.
49. Any breach of these Conditions may, in addition to any other remedy that the Promoter or SailGP may have, result in the cancellation of a SailGP Adrenaline Yachts Package, the refusal of admission of the SailGP Adrenaline Yachts Package Holder or their Guests to the SailGP Adrenaline Yachts Viewing Area, or the eviction of the SailGP Adrenaline Yachts Package Holder or their Guests from the SailGP Adrenaline Yachts Viewing Area, in each case without refund or compensation.
50. No failure or delay by the Promoter or SailGP to exercise any right (in whole or in part) under these Conditions shall constitute a waiver of that right, nor restrict any further exercise of that right.
51. All SailGP Adrenaline Yachts Package Flags remain the property of the Promoter. In the event of any breach of any of these Conditions by a SailGP Adrenaline Yachts Package Holder or their Guests, the SailGP Adrenaline Yachts Package Flag must, upon the request by the Promoter, be delivered up to the Promoter. Such actions are without prejudice to other remedies which may include legal action.
52. In the case of any inconsistency between these Conditions and any other version of these Conditions, these Conditions will prevail to the extent of such inconsistency.
53. Personal information will be held and used by the Promoter and SailGP and disclosed to other persons (and disclosed by them), in accordance with the respective Privacy Policies of the Promoter and SailGP, copies of which are available at http://oceanmedia.com.au, at https://sailgp.com/general/privacy/ and at https://sailgp.com/general/retention/.
54. To the fullest extent permitted by law, all implied representations or warranties are excluded.