TERMS AND CONDITIONS FOR EVENTS AND FUNCTIONS AT CROWN
(ONLINE VERSION)
1. GENERAL
This document contains
the terms and conditions by which the Client’s Event is to be held at Crown. This
document must be read in conjunction with the Crown Events &
Important
Note: The Client
needs to ensure that it has carefully read these terms and conditions
(including all of the annexures) and the online booking form.
Book
and hold option: Selection
of the book and hold option shall expire after a period of 24 hours, if Crown
is not notified by the Client, and the function room will be released back to
Crown.
2. FUNCTION ROOM HIRE
Subject to the terms of
this Agreement, Crown grants to the Client a licence to use and occupy the function
room as described in the online booking form (Function Room). The possession of the Function Room remains with Crown
and no tenancy is created. The Client acknowledges that it has made its own
inquiries as to the suitability of the Function Room for the Event and has not
relied on any representation, assurance or statement by Crown regarding such
suitability. Crown excludes any liability of any kind for the suitability of
the Function Room for the Event.
3. PAYMENT
3.1 (General)
The Client must pay strictly in accordance with the online booking form. Unless
stated otherwise, all prices quoted are in Australian Dollars and are inclusive
of GST. Crown may deduct and set-off from any money otherwise due to the Client
by Crown from any money due to Crown by the Client. This right of set-off is without prejudice to
or in limitation of any other remedies of Crown.
3.2 (Surcharges)
Surcharges may apply in certain circumstances as described in the online
booking form.
3.3 (Additional
Charges) Any additional goods or services requested by the Client or the
Client’s Associates on the day of the Event must be paid in full by the Client within
72 hours after the Event. If the Client has supplied credit card charge
authority in accordance with the online booking form, Crown will process the charge
authority at the conclusion of the Event (or as soon as reasonably practicable
thereafter).
4 CANCELLATION OR POSTPONEMENT
4.1 (Cancellation
or Postponement by Client) If the Event is cancelled or postponed by the
Client for any reason (other than as described in clause 4.5), the Client shall
forfeit all amounts paid in relation to the Event (subject to clause 4.3) and
will immediately pay to Crown, if it has not already done so, all further or
other amounts payable as specified in the online booking form or as varied in
writing by the parties. Notice of any such cancellation or postponement must be
provided in writing to the authorised Crown contact.
4.2 (Payment
of Outstanding Amounts) All amounts owed by the Client to Crown pursuant to
this clause 4 are payable no later than 14 days after notice of cancellation or
postponement has been received by Crown.
4.3 (Refunds due to Cancellation or
Postponement by Client) All or a proportional amount of the amounts paid by
the Client will be refunded if Crown is able to re-book all of the revenue originally
anticipated from the Event. While Crown will use reasonable endeavours to
re-book the revenue once it has received notice from the Client of the
cancellation or postponement, Crown is under no obligation to ensure such
re-booking.
4.4 (Events Outside Crown’s Control) Where
there is an event outside Crown’s reasonable control which affects Crown’s
delivery of the services including an act of force majeure (“intervening
event”), Crown will refund, as is reasonable in the circumstances, all deposits
and instalments held less any costs incurred by Crown pertaining to this Agreement
up to the date of the intervening event.
4.5 (Cancellation
due to Terrorism) In the event that a major terrorist strike (“incident”)
should occur in the City of Melbourne before the commencement date of the
Event, Crown will refund, as is reasonable in the circumstances, all deposits
and instalments held less all reasonable costs
incurred by Crown, on the basis that the Client immediately notifies Crown of
its intention to cancel the conference after the incident. In the event that an
incident should occur during the Event, the Client shall be responsible for all
costs, expenses and losses incurred by Crown up to that point (individuals are
responsible for their own incidentals) and Crown shall refund any remaining
amounts.
4.6 (Cancellation
by Client and Third Parties) If Crown enters into
any commitment with any third party on the client’s behalf, the client will be
liable for and must indemnify Crown in respect of any liability, cost, loss or
expense incurred by Crown in connection with such third party commitments due
to the client’s cancellation.
4.7 (Accommodation
Attrition and Cancellation) Any changes to reserved accommodation shall be
in accordance with the online booking form.
5. CLIENT’S OBLIGATIONS
5.1 (Rules
and Policies) Unless written consent is given to the Client to the
contrary, the Client must strictly observe and comply
with the rules and policies of Crown (as notified to the Client) and any lawful
directions of Crown.
5.2 (Client’s
Additional Obligations) In addition to the other obligations that the
Client has under this agreement, the Client
must comply with the obligations in Annexures
A, B and C.
5.3 (Catering)
No food or beverage of any kind will be permitted to be brought into the
Complex by the Client or any of the Client’s Associates
without Crown’s prior written permission.
5.4 (Confirmation
of Numbers) The Client must notify Crown
of the actual number of attendees for charging purposes at least three (3) business
days prior to the Event (this figure cannot be reduced after that time). Where the number of attendees or the Total
Estimated Charges falls below the permissible levels set out in the online
booking form, then additional charges may be incurred.
5.5 (Decorations
and Signage) In order to ensure the safety of staff and guests, all
decorations, signage, exhibits, equipment and displays for the Event (the
“Materials”) must be approved by Crown before being brought to the Complex. The
Materials are at the Client’s sole risk and must only be brought into and taken
from the Complex and the Function Room in the manner directed by Crown. All
advertising and promotional materials (including invitations) must be approved
in writing by Crown before its use or display. The Client warrants that the
Materials and advertising will not breach any law or infringe any third party’s
intellectual property rights.
5.6 (Crown’s
Standard Promotional Materials) The Client acknowledges and agrees that Crown
may place promotional materials in the Function Room relating to Crown or the
Complex (this will ordinarily be limited to the use of trade marks on menus, lecterns
and similar items).
5.7 (Responsibility
for Persons Attending Event) The Client uses and occupies the Function Room
at its sole risk (subject to law and Crown’s obligations) and assumes full
responsibility for the conduct of the Client’s Associates and all persons
attending the Event and shall ensure that the Event is conducted in an orderly
manner. The Client shall ensure that the Client’s Associates and persons
attending or associated with the Event comply with this agreement, all
applicable laws and all lawful directions given by Crown (including compliance
with non-smoking requirements). The Client must ensure that other Crown guests
or visitors are not disturbed.
5.8 (Risk
and Injury) The Client must cease the Event where it appears that, if the
Event continues, there will be a risk to the health or safety of any person.
The Client must immediately, or as soon as practicable, notify Crown of any
accident or injury occurring in connection with the Event.
5.9 (Crown’s
Intellectual Property and Reputation) The Client must not use, display, publish,
refer to or infringe any of Crown’s intellectual property, without Crown’s
prior written consent. The Client must not, in connection with the Event, be
party to any act or thing or say or cause to be said anything that is prejudicial
to the goodwill, commercial reputation or overall public image of Crown.
5.10 (Permits
and Licences) The Client must observe all laws and regulations and obtain
all necessary permits or licences (at the Client’s cost) in respect of or in
connection with the Event. The Client must duly observe and comply with any
such permits or licences (this includes all licences or permits required by the
Victorian Commission for Gambling Regulation).
5.11 (Filming)
Except for the use of personal cameras, the Client must not take, make or allow
to be taken or made a photograph, film, sound or television recording or
broadcast in the Function Room without Crown’s prior written approval.
5.12 (Responsible
Service of Alcohol) The Client acknowledges that Crown practises the
responsible serving of alcohol in accordance with its obligations under its
general liquor licence. The Client
agrees to comply and procure the compliance of its guests and invitees with the
conditions of such liquor licence and any request from Crown limiting the serving
and/or consumption of alcohol. The
Client also agrees to comply with and procure the compliance of its guests and
invitees with Crown’s guidelines and protocols for the responsible use of
alcohol, including those contained in Crown’s RSA Mission Statement and
Protocol for Private Functions (a copy is attached to Annexure A).
5.13 (Access)
The Client must allow Crown, its employees, contractors and agents free and
unlimited access at all times to the Function Room and Complex for the purposes
of providing the services.
5.14 (Original
Condition) At the end of the Event, the Client must remove everything
placed by it in the Complex and restore the Complex to the condition in which
it was at the commencement of the Event.
If any of the property of the Client or the Client’s Associates is not
removed within 7 days of the Event, Crown may dispose of such property at its
discretion. The Client must pay Crown
the costs of any repairs or reinstatements required to the Function Room or its
fixtures, fittings or equipment and any additional cleaning requirements.
5.15 (Car Parking)
Crown is under no
obligation whatsoever to provide car parking for the Event. Public car parking is
available at the Complex, including undercover and valet car parking (subject
to availability and further charges and terms).
6. CROWN’S
ADDITIONAL RIGHTS
6.1 (Crown’s
Rights) In addition to any other rights of Crown, Crown has the exclusive rights
to: (a) supply food and drink and catering services to persons attending the
Event; (b) maintain custody of the keys of the Function Room; (c) supply
security and cleaning services in relation to the Event; and (d) prescribe
acceptable sound limits for the Event.
6.2 (Running
of Event) Crown has the right to carry out any acts necessary to ensure
compliance with the Agreement, protect the Function Room or other parts of the
Complex from damage or to protect any person from possible injury or risk. This
may include the control (or in some cases, the suspension) of the Event. Crown
may regulate admission, including to refuse admission to, or eject from, the
Function Room and the Complex any person who in Crown’s opinion is not
conducting themselves in a proper, orderly or lawful manner within the Function
Room or the Complex.
6.3 (Re-Allocation
of Areas) In the event of unforseen circumstances, Crown reserves the right
to change the Function Room at its discretion and at any time. All reasonable
effort will be made by Crown to advise the Client of any change of Function
Room.
6.4 (Exclusion
of Consequential Loss) Subject to law, Crown is not liable for any indirect
or consequential loss or loss of profits arising out of or in connection with
this Agreement.
6.5 (Consumer
Contracts) Where this Agreement (or
part of this Agreement) is deemed to be a consumer contract for the purposes of
the Trade Practices Act 1974 or any
applicable state fair trading legislation, the Client’s rights are not affected.
6.6 (Exclusion
of Implied Warranties) To the extent permitted by law, this Agreement
expressly excludes every warranty, condition, liability or representation
concerning any goods or any services supplied by Crown under or in connection
with this Agreement.
6.7 (Limitation
of Liability) To the extent
permitted by law, the liability of Crown and its employees or agents for a
breach of any warranty or liability which by law cannot be excluded, restricted
or modified, or under any express warranty, is limited, at Crown's option, to:
(a) in the case of
goods, any one or more of the following: (i) the replacement of the goods or the supply of equivalent
goods; (ii) the repair of the goods; (iii) the payment of the costs of
replacing the goods or of acquiring equivalent goods; or (iv) the payment of
the cost of having the goods repaired; and
(b) in the case of services: (i) the supply of
the services again; or (ii) the
payment of the cost of having the services supplied again.
7. TERMINATION
Without limiting any
other rights Crown has at law, Crown may terminate the Agreement (and/or all or
any of the booking) immediately without notice if: (a) the Client fails to
comply strictly with the Agreement (including, without limitation, payment
under clause 3; (b) the Event changes in any respect which Crown, at its sole
discretion, considers to be material; (c) the Client becomes the subject of
bankruptcy, liquidation or winding up procedures or otherwise becomes or
threatens to become insolvent; (d) there is a serious likelihood that damage
may be caused to the Function Room if the Event is held or where Crown
considers that an emergency exists; or (e) Crown’s name or reputation in its
sole opinion is brought into disrepute by any act or omission of the Client or
the Client is involved in any illegal conduct or activity.
8. THIRD PARTY SERVICE PROVIDERS
8.1 (Third
Party Providers and Appointment as Agent) The Client may require third
party services providers (Third Party
Provider) to deliver services in respect of the Event (including theming and
florists providers). If the Client instructs Crown to procure a Third Party
Provider, the Client appoints Crown as its agent to use its best endeavours to
procure the Third Party Provider to carry out the applicable services.
8.2 (Acknowledgment)
The Client acknowledges and agrees that it has made its own inquiries as to the
quality, capacity, qualifications and suitability of the Third Party Provider
and any proposal made by the Third Party Provider prior to the delivery of any
services. The Client acknowledges and agrees that it has not relied on (and
Crown has not made) any representation, assurance or statement in connection
with such matters.
8.3 (Responsibility)
The Client is responsible for all costs and expenses associated with the Third
Party Provider and agrees it is responsible for any equipment provided by the
Third Party Provider. The Client must pay all related costs and expenses of
Crown. The Client must immediately notify Crown if there of any problems with
or defects in any equipment. The Client must not move, adjust or alter any
equipment without the prior consent of Crown or the Third Party Provider.
8.4 (Commission
to Crown) The Client acknowledges and agrees that Crown is entitled to be
paid a commission from any Third Party Provider that Crown engages on the
Client’s behalf.
9. INDEMNITIES AND INSURANCE
9.1 (Indemnity)
The Client releases and indemnifies Crown, its employees, officers, contractors
and agents from and against any loss, claim, demand, liability or damage whatsoever
however arising (including liability or damage caused by any negligent act or
omission) in connection with the Event (including, without limitation, in
connection with any Third Party Service Providers, Materials and advertising by
Client), except to the extent that such loss, claim, demand, liability or
damage is caused by Crown.
9.2
(Insurance)
The Client must, if required by Crown, maintain public liability insurance for
$20 million noting the interests of Crown (or such other amount or procedure as
agreed by Crown and specified in the online booking form). If, in the opinion
of Crown, the Event, the Client’s proposed use of the Function Room or any
activity or matter in connection with the Event poses any particular, special,
unusual or increased risk, Crown may require the Client to take out and
maintain additional insurances appropriate to the risks.
10. GENERAL
10.1 (Jurisdiction) The Agreement is governed
by the laws of
10.2 (Entire
Agreement) The Agreement represents the entire agreement between the Client
and Crown concerning its subject matter and supersedes all prior negotiations,
representations and agreements, either written or oral, in connection with the
Event.
10.3 (Precedence)
To the extent that provisions contained in the online booking form and these terms and
conditions conflict with each other, these terms and conditions prevail.
10.4 (Variation
of agreement) This Agreement may only be varied by a written document
signed by both parties
10.5 (Confidentiality)
The terms of the Agreement are confidential and neither party may disclose such
terms (unless required by law) to any third party without the prior written
consent of the other party.
10.6 (Privacy)
Crown may need to collect personal information regarding the Client and the
Client’s Associates, in connection with the Event (including for reasons of
security and the health and safety of guests).
Crown may disclose this information to third parties including, without
limitation, to contractors and agents of Crown (and its related companies), and
to other casino operators in accordance with its privacy policy which is
available at www.crownmelbourne.com.au
or upon request. The Client and its Associates may request access to such
information by providing a written request to Crown’s Privacy Manager.
10.7 (Severability)
Any provision of the Agreement which is invalid or unenforceable and is
capable of being severed to the extent of the invalidity or unenforceability
without affecting the remaining provisions of the Agreement or affecting the
validity or enforceability of that provision shall be deemed to have been
severed.
10.8 (Survival)
All of the terms of this Agreement which are capable of having effect after the
expiration, or the termination, of all or any part of this Agreement shall then
remain in full force and effect. The termination of the whole or any part of
this Agreement will be without prejudice to any right of either the Client or
Crown against the other which accrued prior to the time of termination or which
otherwise relates to any breach of obligations under this Agreement which arose
prior to the time of termination.
11. DEFINITIONS
In
these terms and conditions:
Client means the person or organisation
entering into the agreement with Crown in connection with the Event;
Client’s
Associates means the
officers, employees, contractors, agents, guests and invitees of the Client;
Complex means the Crown Entertainment Complex
in Southbank, including
Crown means Crown Melbourne Limited (ABN 46
006 973 262) of 8 Whiteman Street, Southbank, Victoria 3006, Australia (trading
as “Crown Events”, “Crown Towers” or “Crown Promenade Hotel”) and includes,
where appropriate, Crown Melbourne Limited’s employees, agents and contractors;
Event means the event to be held at the
Complex (or any area substituted by Crown) that is the subject of the online
booking form and these terms and conditions;
Online
booking form means
the online document “Crown Events and
Total
Estimated Charges
means the total amount estimated to be payable to Crown in connection with the
Event (as determined by Crown), including anticipated requirements for food,
beverage, Third Party Service Providers, accommodation and room hire, and as
detailed in the online booking form.
ANNEXURE A
CROWN’S
RESPONSIBLE SERVICE OF ALCOHOL
1.
Crown
recognises that the consumption of alcohol is a part of most Australians’
social life.
2.
Crown
encourages its patrons to consume alcohol responsibly.
3.
Crown
discourages the consumption of alcohol, which results in:
(a)
intoxication
and drunkenness; and/or
(b)
disruptive,
offensive, aggressive or dangerous behaviour.
4.
Crown
has appointed RSA Managers and undertaken extensive staff training to monitor
and manage the consumption of alcohol on its licensed premises.
Crown
recognises that it must take reasonable care to avoid injuries as a result of
the service of alcohol to its patrons.
In recognition of Crown’s legal and social obligations, Crown has
established and developed detailed protocols to ensure that its obligations are
met.
PROTOCOL
FOR PRIVATE FUNCTIONS
The following are the instructions provided to Crown
Staff:
1.
Supervisors
prior to the function should contact the client to remind it of its obligations
under the Agreement in relation to RSA and ascertain the name of the client
nominated as host for the function
2.
Where
it becomes apparent to the banquet staff members that the behaviour of a guest
or guests at a function raises an RSA issue the following protocol should be
followed.
(a)
Floor
staff are to slow down the service of alcohol at problem tables;
(b)
Floor
staff are to suggest to the guest that he or she moves on to light beer, soft
drinks or water;
(c)
Where
practical, the staff should record that such a suggestion has been made, the
guest’s response and notify the supervisor;
(d)
Floor
staff should record in their records the behaviour of the guest which gave rise
to this notification and the host’s response, noting the date and time of the
conversation;
(e)
The
supervisor should notify the Banquet Duty Manager of the behaviour causing
concern;
(f)
The
Banquet Duty Manager should inform the appointed host of the identity of the
guest and the nature of the behaviour and advise the host that alcohol will no
longer be served to that Guest. The host
should be invited to speak with and manage the intoxicated guest about
controlling his or her behaviour;
(g)
The
supervisor or manager must notify the nominated host of the potential for risk
of injury to that guest and/or to those who come into contact with that guest;
(h)
If
the supervisor makes an assessment that a guest is to be removed, he will ask
that guest to leave or, if appropriate, request security to remove the guest in
accordance with the protocols for the Management/Removal of Intoxicated
Persons; and
(i)
If
a guest is required to leave the function, the Banquet Duty Manager or the
supervisor will be required to complete an incident report.
ANNEXURE B
ADDITIONAL HEALTH AND
SAFETY OBLIGATIONS
Note to Client: Please
ensure that you read these additional obligations carefully.
The Client must comply with the additional matters relating to health
and safety set out below.
1.
The Client must not carry on or allow to be
carried on in the Complex any behaviour, matter or thing that is, in the
opinion of Crown, dangerous, noxious, offensive, illegal, immoral, noisy or
objectionable.
2.
The
Client must furnish to Crown, upon request, all plans, drawings and
specifications relating to anything used, displayed or utilised by it in the
Complex.
3.
The Client must not overload the floor of the
Complex beyond its maximum permitted loading.
4.
The
Client must not bring onto or remove from the Complex anything which is by
reason of its weight, vibration, use or operation or in any other way likely to
cause damage to the Complex.
5.
The
Client must not bring or permit any naked flame, explosive, fuel, ammunition,
firearm or inflammable liquid acetylene gas or volatile or explosive oils,
compounds or substances to be brought into or used in the Function Room or the
Complex without Crown’s approval. If such approval is granted, the Client must
not breach any of Crown’s guidelines including but not limited to Crown’s
Pyrotechnics and Fireworks Policy or any other directions given by Crown in
connection with the use of any such substances.
6.
The
Client must not make any alterations or additions to the structure, fittings,
decoration or furnishings (including seating) of the Function Room without Crown’s
prior written approval.
Annexure C
Additional Terms and
Conditions for the Provision of Audio Visual Equipment and Related Services
1.
Application of Terms & Conditions
The following additional terms and conditions of this Annexure C apply to the supply of
audiovisual, event staging and/or event production services including but not
limited to hiring of technical equipment and/or decorative items (AV Services) by Crown Melbourne Limited
(Crown) to the Client. These terms
and conditions apply in relation to Crown’s supply of the AV Services in
addition to Crown’s standard terms and conditions for the Function Room (previously
defined as the Agreement).
2.
Proposal for Service
2.1
A
written advice of the proposed charges in respect of the AV Services requested
by the Client in the form of a quote or proposal (AV Estimate) will be provided to the Client. The AV Services will
be provided only if the Client notifies Crown in writing that the Client accepts
the AV Estimate (Notice).
2.2
If
Crown does not receive a Notice from the Client within 5 working days after the
date of the AV Estimate, then the charges set out in the AV Estimate (AV Charges) are subject to change.
2.3
Anything
provided which is not an AV Estimate is only a guide to Crown’s AV Charges.
2.4
The
AV Services are subject to availability. If when receiving a Notice from the
Client, Crown is not in a position to provide the AV Services requested, Crown is
under no obligation to provide those AV Services. Crown may elect to provide the
Client with only some of the AV Services requested and if the Client informs Crown
that the Client wishes to acquire those AV Services, the Client will be
provided with a new AV Estimate for those AV Services.
3.
Confirmation, Invoicing & Payment
3.1
As
soon as a Notice is received from the Client and Crown confirms that the AV
Services requested can be provided, the AV Estimate together with the Agreement
will comprise a legal agreement which can be relied on by Crown.
3.2
Where
the Agreement specifies a duration for the provision of the AV Services, then
that duration will be the minimum duration for the provision of the AV Services
to the Client (Minimum Term).
3.3
Crown reserves the right to levy an
outside ordinary hours labour surcharge for Crown’s provision of the AV
Services by Crown staff commencing before 6.00am or concluding after midnight,
levied at Crown’s prevailing applicable rate.
3.4
Crown
will invoice the Client for the provision of the AV Services which will be
payable by the Client in accordance with the terms of payment under the
Agreement.
3.5
If
the Client requires and Crown provides
additional AV Services not detailed in the AV Estimate (such as but not limited
to late changes to the scope or orientation of the Client’s Event) (Additional AV Services), then
additional charges (Additional AV
Charges) may be imposed at Crown’s prevailing standard rates. Additional AV
Charges may at Crown’s discretion include a late change fee for changes made
less than 48 hours before the Client’s Event. Reference in these terms and conditions
to "AV Services" includes any Additional AV Services and reference to
“AV Charges” includes any Additional AV Charges where the context permits.
3.6
A Service Charge (Service
Charge) will also apply where specified in the AV Estimate for sundry items
Crown uses to provide the AV Services but which are not separately charged for.
3.7
If the Function Room booking does not include 24 hour
reservations for each multi-day AV Services period and additional labour is
required to pack down and reset the room then Crown reserves the right to
impose Additional AV Charges for the Additional Services required.
3.8
The Client may, at the discretion of Crown, be required
to pay some of the AV Charges, prior to provision of AV Services including, but
not limited to, charges for manufactured items, hire from third party
suppliers, production and entertainment charges (Preproduction AV Charges). If the Client does not pay the
Preproduction AV Charges in accordance with this clause Crown may, in its
absolute discretion, elect not to provide the AV Services to the Client.
4.
Cancellation
4.1
If the Client cancels the provision of confirmed AV
Services, cancellation fees are payable by the Client for cancellation of the AV
Services on the basis of the cancellation fee policy in the Agreement (Cancellation
Charge).
4.2
In
addition to the Cancellation Charge,
the Client must also reimburse any expenses incurred by Crown in preparation
for the provision of the AV Services including but not limited to Preproduction
AV Charges not already paid to Crown.
5.
Service Delivery
5.1
Crown reserves the right to withdraw Crown’s AV Services
if the Client’s or a third party's plans are altered or the operating
environment changes to such an extent as to breach Crown’s policies regarding
safe work practices for Crown’s employees or any applicable Occupational Health
& Safety standards.
5.2
Delivery of any equipment, technical and decorative
items provided by Crown as part of the AV Services (Equipment) will take
place at Crown at the scheduled location, date and time as indicated in the AV
Estimate.
5.3
The Client must permit or obtain permission for Crown to
enter any premises, other than the Venue, where the Equipment is located or in
order for Crown to provide the AV Services and the Client must provide all
reasonable assistance to enable Crown to provide the AV Services.
5.4
The Client acknowledges that in requesting the AV
Services, the Client is not relying upon any representation, promise or
undertaking made by or on behalf of Crown (including, but not limited to, in
relation to the Client’s requirements) unless that representation, promise or
undertaking is expressly given in writing in the Agreement.
6.
Equipment Generally
6.1
In relation to any Equipment provided as part of the AV
Services the Client acknowledges that the Equipment remains Crown’s (or Crown’s
contractors’) property at all times and that:
(a)
the Client is fully responsible for any theft of, loss
or damage to the Equipment which the Client, the Client’s employees,
contractors, agents, guests, invitees or users cause. Within 7 days after the
date of any written demand, the Client must pay Crown at its election:
ii)
the cost of repairing any such damaged Equipment; or
iii)
the full new for old replacement cost, including any
taxes or duties and any additional expenses incurred
by Crown, of replacement of any such Equipment which is stolen, lost or
determined by Crown to be irreparably damaged (Replacement Cost);
(b)
the Client must not interfere with or take the Equipment
or allow the Equipment to be outside the Function Room without Crown prior
written consent;
(c)
the Client must ensure without demand by Crown that the
Equipment is available for collection during the pack down or strike time
specified in the AV Estimate. If it is not so available then the Client may
incur Additional AV Charges; and
(d)
if the Client breaches the Agreement the Client must
permit Crown to retrieve the Equipment and the Client indemnifies Crown for any
costs incurred by Crown in retrieving the Equipment.
7.
Equipment Not Under Our Care and Control
7.1
If the Client or any of the Client’s employees,
contractors or agents have possession, care or control of any Equipment for any
reason, (which possession, care or control Crown does not consent to unless
specifically agreed by Crown in writing) in addition to the above:
(a)
the Client must provide
adequate security for the Equipment;
(b)
the Client must report any shortage, theft, loss, damage
or malfunction in the Equipment to Crown immediately the Client becomes aware
of the same;
(c)
the Client must not repair or attempt to repair or allow
anyone else repair any Equipment without Crown’s prior written consent;
(d)
the Client is fully responsible for any shortage in,
theft of, or loss or damage to such Equipment which
is not caused by Crown and must pay Crown within 7 days after the date
of any written demand from Crown, at its election:
i)
the cost of repairing such damaged Equipment; or
ii)
the Replacement Cost of such Equipment;
(e)
the Client must maintain and return the Equipment in the
same condition as when the Client took delivery of it subject to any fair wear
and tear as determined by Crown;
(f)
the Client must only use the Equipment for the purposes
for which the Equipment was supplied and only permit use by properly qualified
and (if applicable) licensed persons;
(g)
the Client must not cause or permit any type of lien to
be created over the Equipment, or sell, mortgage, pledge or assign the
Equipment or affix the Equipment or any part to any building or other property;
(h)
the Client must not sub-let or part with possession of
the Equipment; and
(i)
the Client must return without demand by Crown all of
the Equipment on the return date specified in the AV Estimate.
8.
Risk and Responsibility
The Client’s and any third party’s equipment or other
property used or located at the Client’s Event is the Client’s responsibility
and at the Client’s risk at all times. The Client must retrieve any such
property immediately on conclusion of the Client’s Event and the Client must
indemnify Crown from any loss, damage, cost, expense, liability, judgment,
claim, demand, suit or action Crown suffer or incur or which is brought against
Crown arising in any way in relation to such property except to the extent Crown
cause it by Crown wrongful act.
9.
Definitions
Capitalised terms in this Annexure C have the same meaning as in the Agreement, unless
otherwise defined in this annexure.
