The 2016 Sunday Age City2Sea Marquee Terms and Conditions
By checking the tickbox of the terms and conditions for the Sunday Age City2Sea presented by Westpac (the Event) Corporate Teams Marquee Hire form, I hereby agree to the terms and conditions below;
A. Fairfax Media Publications Pty Limited (Fairfax), a subsidiary of Fairfax Media Limited, is the publisher of the Sunday Age and operates the Event including the Corporate Teams Marquee Hospitality area.
B. Marquee Holder wishes to operate a marquee within the Event Corporate Teams Marquee Hospitality area.
Agreement Waiver and Indemnity
1. In consideration of acceptance of Fairfax permitting the Marquee Holder to operate a Marquee at the Event, I, and on behalf of my heirs, executors and administrators agree with each of the Indemnified Parties (as defined herein) and declare that: I hereby waive release and discharge all and every claim, right or cause of action (including for negligence, for breach of contract or breach of Statute) for which I might have or which arises out of my death, injury, damage or loss of any description which I may suffer or sustain as the result of the Marquee Holder’s participation in the Event, operation of the Marquee, the sale or free distribution of any product at the Marquee, any negligent act or omission of the Marquee Holder or any of the Marquee Holder’s representative or any breach of terms of this agreement by the Marquee Holder.
2. This waiver release and discharge shall operate jointly and severally in favour of the following (the Indemnified Parties), namely: Fairfax and their related companies (as defined in the Corporations Act 2001), and their respective directors, officers, agents, contractors, employees and volunteers including medical and paramedical personnel appointed for the Event, the owners, licensees and occupiers of land upon which the Event or any part of it is conducted, any statutory body or local authority having control over any land upon which the Event or any part of it is conducted, Training Aid Australia, Sponsors, caterers, supporters, persons, corporations, contractors, sub-contractors, volunteers, servants and employees involved or otherwise engaged in promoting, staging, administering, running or controlling the Event.
3. I agree to indemnify and keep indemnified the Indemnified Parties against all actions, suits, demands, claims, proceedings, costs, expenses, liabilities and judgements (including for negligence, breach of contract or breach of statute) arising out of or in relation to the Marquee Holder’s participation in the Event. This indemnity may be pleaded as a bar to any action, claim, demand, suit or legal proceedings. The releases, waivers and indemnities in this document continue forever and bind my heirs, executors, personal representatives and assigns.
The Event Corporate Teams Marquee Hospitality area will be operational on Sunday, November 20, 2016 unless otherwise notified by Fairfax, between the times 6:30am until 11:00am.
In order to operate a marquee in the Corporate Teams Marquee Hospitality area for the Event, the Marquee Holder must hire a marquee through Fairfax. Any unauthorised presence will be removed. The rental cost of the Marquees for the Event is $830.00 including GST for Package Option 1 and $2475.00 including GST for Package Option 2. All rental payments for the Marquee package must be made through the online store at least 14 days prior to the Event. Fairfax does not guarantee availability of a marquee if payment is not made by the due date. Any charges for power and lighting, additional theming and furniture obtained through Fairfax, will be processed via separate invoice issued by the relevant suppliers. The Marquee Holder is not permitted to split the rental costs for, or share, a marquee with any third party (including another participant in the Event) unless agreed to by Fairfax in advance. The marquee must only be used for the purpose of providing hospitality to the Marquee Holder’s staff and key stakeholders.
Waste Products and Packaging
Fairfax is working towards being sustainable and “green”. Compostable, disposable service ware including (but not limited to), cups, lids, straws, bowls, plates, containers, and cutlery must be used by the Marquee Holder wherever applicable and possible. Flyer distribution is discouraged. All sampling, flyers, or give-aways of any kind must be approved in writing by Fairfax before the commencement of the Event.
Supply of Equipment and Facilities
Package Option 1
- 3x3m white vinyl marquee, weighted
- 8 x Folded padded Chairs
- 2 x Round Table – round 900mm white
- 3 x Picket fence – 2.5m white
- 1 x Valance sign with corporate logo
Package Option 2
- 6x6m white vinyl marquee, weighted
- 2 x Table – banquet 1.8m
- 2 x Cloth – throw over 3.3m white
- 12 x Folded Padded Chair
- 3 x Table – round 900mm white
- 1 x Capri Ithca Lounge (3 seater)
- 1 x Capri Paros Lounge (2 seater)
- 6 x Pillows
- 1 x Capri Tinto Coffee Table
- 1 x Umbrella – market square 3m white
- 5 x Picket fence – 2.5m white
- 1 x Valance sign with corporate logo
Any additional facilities provided will be subject to availability and at an additional cost to the Marquee Holder. For the avoidance of doubt, the items below will not be provided as part of the agreement. If any of the below resources are required, these may be organised by the Marquee Holder through Fairfax prior to Wednesday, November 2, 2016.
- Food and beverage catering
- Catering equipment
- Catering staff
- Flooring for the marquee
- Furniture and decor
- Audio visual
- Internal or external Lighting
- Bins and waste management removal tools for inside the marquee
- Port a loos
If the Marquee Holder requires power or specific facilities, these may be hired through Fairfax. Subject to this agreement, all other goods and services relating to a marquee must be supplied by and are the responsibility of the Marquee Holder. The Marquee Holder must comply with the directions of Fairfax in relation to storage of items, cleanliness and waste management before, during and after the Event.
I acknowledge that cancellation of the Marquee hire can only be made in writing prior to 5:00pm Friday, October 28, 2016, where the Marquee Holder will be entitled to a refund of 50% of the hire fee paid. I understand that the Marquee hire cannot be transferred to a 3rd party.
- Company signage including tear drop banners may be placed inside the marquee but not outside (other than valance sign provided). No other third party advertising such as alcohol branding is permitted.
- If serving any alcohol, Responsible Service of Alcohol regulations must be complied with at all times.
- No smoking is permitted inside the marquee or outside areas.
- The marquee/s and surrounding area must be left clean and tidy. All rubbish must be disposed of correctly in the bins provided.
- Marquees must be vacated by 11:00am on the day of the event (unless directed otherwise by Management).
- Noise including audio devices must be contained within the marquee area and must not negatively impact on other marquee hirers or the public.
The Marquee Holder must maintain the following insurance policies:
A. Public and product liability insurance which shall at all times cover liability to the public (including Fairfax) for an amount not less than $5 million per occurrence and with an excess no greater than $5,000; and
B. workers’ compensation insurance in respect of all employees and contractors of the Marquee Holder as required by law.
Without limitation, the public and product liability insurance must cover liability in respect of personal injury to or death of any person (including Fairfax staff, contractors and agents) and liability for any loss or damage to any real or personal property belonging to Fairfax or in which Fairfax is interested, where the injury, death, loss or damage arises out of or is caused by accident or the operation of the Marquee or the use or consumption of products supplied by the Marquee Holder, its employees, contractors or agents.
The Marquee Holder must supply Fairfax with a copy of the Certificates of Currency for the insurance policies together with the rental payment, with the public and product liability insurance policy certificate noting the interests of Fairfax and the Event.
The Marquee Holder acknowledges that Fairfax does not make any representation or give any warranty with respect to the Event, including success or profitability for the Marquee Holder for participating in the Event. Further, the Marquee Holder acknowledges that the location and placement of the Marquee Holder’s Marquee during the Event is at the sole discretion of Fairfax or its nominated representatives assisting with the coordination of the Event.
Occupational Health and Safety
The Marquee Holder acknowledges that it is responsible for the safety of its employees, contractors and other individuals attending the Marquee during the Event and agrees to comply with all statutory obligations in respect of the Work Health & Safety Act and any other policies or directions issued by Fairfax or its representatives. The Marquee Holder must notify Fairfax or its nominated representatives immediately of safety concerns it has both before and during the Event.
Compliance with Laws
The Marquee Holder warrants that it will comply with all applicable laws and regulations in relation to its participation in the Event. In particular, this includes, without limitation, all laws and regulations relating to the preparation and sale of food and beverage items.
The Marquee Holder acknowledges that it does not acquire any intellectual property rights or goodwill in the names “The Sydney Morning Herald”, or the “Half Marathon”. Any use of Fairfax’s logos, trademarks or other intellectual property is subject to Fairfax’s prior approval.
For the purpose of this clause, “Force Majeure” means an event or circumstance beyond the reasonable control of a party, including acts of God, war, rain, hail, fire, explosion, civil disobedience, legislation not in force at the date of this Agreement or labour disputes.
Neither party will breach this agreement and each party will not be liable to the other party for delay or failure to perform an obligation under this Agreement due to Force Majeure. Further, the Marquee Holder acknowledges it is not entitled to any reimbursement in respect of any matter disrupting the Event.
This Agreement shall be governed by and construed in accordance with the law of the State of New South Wales.