THE EXPERIENCE GROUP

Sports Marketing Limited (trading as the Experience Group) (“SML”) provides certain hospitality and infrastructure related services. SML provides these services either on its own account or on behalf of contracted parties who hold rights to specific events or functions involving hospitality at certain events or who are responsible for the organisation, supervision and completion of particular activities (“Events”). The Events include, but are not limited to, rugby, cricket, motor racing, golf, hunting and fishing, Any ticket, voucher and/or packages relating to specific Event to be held at a particular venue or location (“Venue”) collectively forms a package (“Package”) for the sale of hospitality at such Events or the provision of services relating to such Events operated by such.

The following terms and conditions shall apply to all Packages sold by SML, and shall take effect notwithstanding any term inconsistent with the terms contained in any Package purchased by a Client or otherwise.

1.0 BOOKING PROCEDURE

1.1 Following a request being made by a purchaser of a Package (“Client” or “you”), booking confirmation will be issued in writing. The Client must acknowledge the booking and confirm in writing to SML within seven (7) days of issue by SML (or within such lesser period as may be advised by SML). Execution of the booking shall be deemed to be acceptance by the Client of these terms and conditions. Upon receipt of the booking in writing SML will send the Client confirmation and corresponding invoice(s).

2.0 BOOKINGS

2.1 The Client acknowledges and represents that the person confirming the booking has the power and authority to bind the Client.

2.2 The Client on confirming the booking agrees to be bound by and shall comply with these terms and conditions together with any terms of issue of the tickets and any other requirements and conditions as otherwise may be required by SML.

2.3 SML reserves the right to cancel a Client booking should payment of the invoice not be received before the payment due date as advised to the Client.

2.4 SML reserves the right to cancel a Client booking if SML considers that insufficient sales of hospitality for an Event or the provision of services for to an Event have been made. Where possible SML shall advise the Client as soon as possible of such cancellation and shall refund in full all payments made by the Client for that hospitality so cancelled (expect in the circumstances where SML is acting purely as a sales agent).

2.5 SML reserves the right to not confirm any sale where SML is a sales agent and the Client conflicts with a rights holders sponsor.

3.0 EVENTS

3.1 Tickets or vouchers sold by SML as part of a Package are sold by SML as agent for the party responsible for the relevant event (“Event Seller”) and are subject to the conditions of sale of the Event Seller. All claims relating to the tickets and the Event are the sole responsibility of the Event Seller and to the full extent permitted by law SML has no liability to you or any related party.

3.2 SML as operator or agent finalises all arrangements for Packages relating to Event on the express condition that it shall not be liable to guests for any injury, loss, accident, delay or irregularity which may be occasioned by reason of any defect through the acts of default of any company or person engaged in carrying out our arrangements of the Events or otherwise in connection herewith.

3.3 The right of admission is reserved and is subject to the Event Seller’s and the Venue‘s terms of admission, copies of which are available on request.

3.4 Entry may be refused if tickets are damaged or defaced in any way or are not purchased directly from SML or its authorised points of sale.

3.5 SML reserves the right to add, withdraw, reschedule or substitute speakers, and the entertainment and/or vary advertised programmes, venues and seating arrangements.

3.6 No representation is made by SML that the Event advertised will be held.

3.7 SML (or their authorised representatives) have the right to remove any person who in the reasonable opinion of SML is not observing the obligations set out herein.

3.8 Packages may not be resold without the prior written approval of SML.

3.9 The Client is not to hold themselves out as sponsors of the Event.

3.10 The Client does not gain any rights to the official logos, emblems or mascots of SML, the Unions or the Events.

3.11 Packages can not be used as part of a prize or lottery.

3.12 The Client is aware that the relevant Event may involve the risk of personal injury and damage or loss of property. Accordingly, and in consideration of the benefits to be derived from participation in the relevant Event, the Client voluntarily accepts all risks of personal injury and property damage arising from participation in the Event and hereby agrees that they and their dependents, heirs, executors, assigns, guests and invitees will release and hold harmless SML and the employees, directors or representatives of SML from any and all claims of illness, bodily injury, death or property damage or loss, however caused, arising from or related to the Event.

4.0 YOUR OBLIGATIONS

4.1 You agree to (as applicable):

(a) Pay all monies due and owing when specified;

(b) Pay interest at 18% per annum calculated on a daily basis on all sums unpaid from the due date for payment until payment is received by SML;

(c) Pay to SML any costs incurred by SML in recovering sums owed hereunder or damages for non-performance hereof including legal costs on a full indemnity basis;

(d) Be responsible for the reasonable dress standard and the good behaviour of all persons attending the Function as your guests or invitees;

(e) Exercise host responsibility in respect of the amount of alcohol consumed, age of invitees and in the dangers of drinking and driving;

(f) Use the facilities provided by SML as part of the Packages, and any property of SML (or its licensors, contractors, assigns, partners or successors) for the purpose intended, and indemnify SML in respect of any damage caused by you or your invitees’ wilful, negligent, or inadvertent act;

(g) Not bring any food or alcoholic beverages to the Event and further agree that alcoholic beverages may be consumed only as directed by SML, the principals, officers or administration of any Venue;

(h) Comply with any smoking restrictions which may be imposed by the Venue administration from time to time;

(i) Comply with the terms and conditions of the Event service provider and any instruction given by them from time to time; and

(j) Comply with the requirements of the Venue owners, any competent local or statutory authority or with the laws or other rules and regulations of any other relevant authority.

5.0 ENJOYMENT OF OTHERS

5.1 SML retains the right to require any person to leave the Venue or Event if that person:

(a) Engages in conduct which unreasonably interferes with other persons wishing to enjoy the Event;

(b) Hampers or impedes the provision of hospitality by SML or the Seller to other Clients and/or the conduct of the Event;

(c) Breaches any laws, by-laws, orders or other rules applicable to the venue or the Event; or

(d) Is not observing their obligations hereunder.

5.2 If a person fails to leave the Venue after being requested to do so then that Client’s licence to remain at the Venue shall automatically be revoked.

6.0 SML’S RESPONSIBILITIES

6.1 SML shall organise and provide the hospitality as detailed in the booking and in doing so will use all reasonable care and skill.

6.2 SML reserves its right to substitute the form of hospitality offered for similar products of a similar standard. Notice will be provided where possible, but SML is not obliged to do so.

6.3 Except to the extent that SML's liability may not be excluded by law:

(a) SML will not be liable for any loss or damages arising, including but not limited to loss of income, profits, interest, opportunity or loss of market, and whether such losses may be direct, or special, or indirect or consequential, and whether or not SML had knowledge that such damages may be incurred; and

(b) SML shall not be liable in respect of goods or services that it does not supply in providing the hospitality or which are additional to the hospitality described in the booking.

7.0 PRICE

7.1 All prices and charges quoted are given in good faith and are believed to be accurate at the time on which they are given. SML reserves the right to pass on to the Client any cost increases that it may incur prior to the date on which SML issues its invoice to the Client, but will bear any further cost increases itself. In the event of a cost increase being passed on to the Client in accordance with this clause the Client may cancel its reservation in accordance with clause 8.

7.2 GST (or any other applicable tax) at the rate of 12.5% (or as may be varied by law) shall be payable in addition to the price.

8.0 CANCELLATION

8.1 Without limiting SML’s right to claim payment hereunder for any loss or damage arising as a result of the cancellation hereof, if you cancel more than 12 weeks before the Event or commencement of the term of any season Packages you shall forfeit to SML any monies which have then been paid to SML. If you cancel less than 12 weeks before you must pay to SML the total cost plus GST. Notice of cancellation by you shall not take effect until it is received in writing by SML. If notice is not received on a working day then the notice will only take effect on the next working day thereafter.

8.2 Without limiting any other provision hereof, SML has no liability to make any refund to you whatsoever, if for any reasons outside the control of SML, the Event, a day’s play or a match is partly or wholly cancelled for any reason including bad weather. SML recommends that you consider obtaining appropriate insurance cover through your own insurance broker. Should a facility or venue for the Event for any reason be destroyed or made unusable SML is not obliged to make any refund.

8.3 Without limiting any other provision hereof, in the circumstances where SML is acting purely as a sales agent, SML has no liability to make any refund to you whatsoever. Your claim is to rest with the Event Seller.

8.4 Subject to the Consumers Guarantees Act 1993, tickets cannot be exchanged or returned after purchase and liability is limited to refunding the Package price where the event or performance is cancelled and not rescheduled. A time limit may apply to refunds.

8.5 If you are in the business of or hold yourself out as acquiring goods/services from SML for the purposes of a business, you as a buyer acknowledge that you are not entitled to claim any of the remedies provided under the Consumer Guarantees Act 1993 from SML and that the provisions of that Act do not apply to you.

8.6 Tickets or vouchers will be void if on sold, traded, scalped or used as a competition prize or for promotional purposes without written authority from SML.

8.7 The terms and conditions shall be read subject to the provisions of the Major Events Management Act 2007 at all times.

9.0 DISCLAIMERS AND INDEMNITY

9.1 You hereby waive and release SML from and indemnify and hold SML harmless against, any and all costs, damages and expenses, which are incurred by you, your agents, employees, invitees and/or guests and which arise in connection with the Event.

9.2 These terms and conditions constitute the sole and exclusive agreement between us. You acknowledge that no other warranties, representations, written or verbal, have been made that are not reflected herein.

9.3 To the extent limited by law SML’s absolute liability, whether for breach of these terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these terms and conditions, or the Package purchase is limited to the price paid for the Package. To any extent limited by law SML will not be liable for any direct, incidental, consequential or indirect damages, loss, loss of profits, goodwill bargain, or opportunity or loss of anticipated savings resulting from your purchase of the Package, whether based on warranty, contract, tort, negligence or any other legal theory, or whether or not we know the possibility of such damage.

10.0 FORCE MAJURE

10.1 SML or the Seller may cancel, interrupt or stop the Event due to circumstances beyond its control.

10.2 SML is not liable for failure to deliver or provide any Event or for any delay in delivery or in providing any such Event where such failure or delay is caused by strike, combination of workmen, lockout, difficulty in procuring components or materials, shortage of labour, lack of skilled labour, delays in transit, failure or delay by you in performing any of your obligations hereunder, failure or delays by suppliers or subcontractors, failure, delay or inability to obtain any necessary authorisation, legislative, departmental or other prohibition or restrictions, fire, flood, hostilities, commotions or other causes whatsoever (whether similar in nature or not to the foregoing) beyond SML’s reasonable control.

11.0 GOVERNING LAW

11.1 These Terms and Conditions shall be governed by the laws of New Zealand and the parties hereby irrevocably submit to the exclusive jurisdiction of the High Court at Auckland, or any court which may hear appeals from that court.

APPENDIX - RIGHTS HOLDER (EVENT PROPRIETOR) TERMS & CONDITIONS

Rugby Tickets Terms (ALL BLACKS TEST MATCHES)

• All tickets to All Blacks test matches must be sold subject to the NZRU’s ticket terms and conditions;
• Ticketing agents must ensure that these terms and conditions are effectively drawn to the attention of all purchasers before any transaction is completed.
• Terms and conditions must be displayed at all locations where in person transactions occur, or they need to be shown to each purchaser individually.
• A link to the terms and conditions page must be displayed on the ticketing agents on-line ticketing window, and purchasers must be required to tick a box indicating they have read and understood them before completing any transaction.
• For telephone transactions, we accept it is unworkable for the terms to be read to each purchaser. Each purchaser should however hear the following message, either via automated message or the operator:

All tickets for All Blacks test matches are sold subject to the NZRU’s terms and conditions, including prohibitions on reselling tickets for a premium, using tickets for commercial purposes including as prizes in a competition, and packaging them together with any goods or services including travel or hospitality. A full copy of the NZRU’s terms and conditions is available from www.allblacks.com (or ticket agents website).

BLACKCAPS Cricket

Seddon Park
- if a match is constituted (ie more than 20 overs each innings for an ODI) and hospitality offered, no refund.
- if a wash-out without a ball being bowled and hospitality cannot be offered (ie our Boundary Club), 100% refund.
- if a match is not constituted but hospitality is offered, 50% refund.
Ground Entry Terms - click here

NZ Cricket (ticket refund policy) - click here

Westpac Stadium/Basin Reserve (ground entry) - click here

Hamilton 400

TERMS AND CONDITIONS
Hamilton 400 Corporate Hospitality must not be onsold or used for advertising, promotion or other commercial purposes (including competitions) or to enhance the demand for other goods and services without the prior written consent of CSM. Any breach of this will result in the cancellation of the booking without refund.