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Bodyline Bar Booking Conditions

Bodyline Bar Booking Conditions

These Standard Conditions, together with the relevant booking form (which may be an online form), constitute an agreement (Agreement) between SACA and the Customer.

 

1.     The Customer is responsible for the conduct of its Guests at all times.

2.     The Customer must make its Guests aware of these Standard Conditions and must procure that its Guests do not breach these Standard Conditions.

3.     The Customer will and will procure that all Guests act with respect to others. The Customer will not and will procure that all Guests do not engage in any bad language, offensive remarks, riotous, disorderly, drunken, improper, unbecoming, offensive or unlawful conduct. The Customer agrees that SACA and/or AOSMA may refuse admission to or remove any person from the Adelaide Oval (including Guests) at any time, regardless of whether a Match is in progress.

4.     The Customer and all Guests must be aged 18 years and over.

5.     The Customer and its Guests are prohibited from entering the playing area at Adelaide Oval (and any other areas at Adelaide Oval determined by SACA or AOSMA in their sole discretion) at all times.

6.     The Customer acknowledges that as the Bodyline Bar is located in the Western Stand of Adelaide Oval, being the part of Adelaide Oval which is designated as the SACA Members Area, the  standards of behaviour expected of and applicable to SACA Members are also expected of and applicable to the Customer and its Guests. Accordingly, the Customer agrees that it will, and will procure that its Guests, at all times whilst within the Bodyline Bar and the SACA Members Area (or anywhere else at the Adelaide Oval, if specified):

(a)          dress in compliance with the SACA Members Area Dress Standards (accessible here: https://www.saca.com.au/membership/services/match-day-dress-standards);

(b)          not smoke or consume alcohol in any area in or around the Adelaide Oval designated to be smoke free or alcohol free areas;

(c)           when using mobile telephones, be discreet and considerate of others and limit their use to the bare minimum whilst seated in stands during play;

(d)          show consideration to others by limiting movement whilst a Match is in progress. In particular, Members must:

                              i.           remain seated until an over at Match has been completed; and

                             ii.           wait until an over at a Match is completed before returning to their seat.

(e)          If the Customer or a Guest wishes to listen to a radio or other electronic device, ensure it is used with an ear piece so as not to be offensive to others or distract players.

(f)            Not stand or sit in aisles or on stairways in the Adelaide Oval, due to safety regulations

(g)          comply with all reasonable directions of SACA or AOSMA.

7.     The Customer must not (and will procure that its Guests do not):

(a)          resell (or attempt to resell) any tickets or rights of access to the Bodyline Bar; or

(b)          commercialise the Customer’s tickets or rights of access to the Bodyline Bar in any way (including, without limitation, through any ticket “giveaway” or promotion),

without prior written consent from SACA.

8.     The Customer acknowledges that, pursuant to licensing laws, SACA may (or may procure that AOSMA or third parties):

(a)          terminate liquor service at the Bodyline Bar at a certain hour, or at a certain time after completion of the Match on any specific day (notwithstanding that such time may be during the Designated Times);

(b)          require all Guests to vacate the Bodyline Bar within a certain time after completion of the Match on a specific day (notwithstanding that such time may be during the Designated Times);

(c)           terminate liquor service at the Bodyline Bar and require the vacation of the Bodyline Bar at an earlier time where it is reasonable to do so (notwithstanding that such time may be during the Designated Times);

(d)          remove intoxicated and/or disruptive persons (including the Customer’s Guests) from the Bodyline Bar and the Adelaide Oval; and

(e)          refuse to serve liquor to a person (including a Guest) under the age of 18 or a person that is intoxicated.

9.     The Customer must pay the call out and any other fee, cost or expense charged by the Metropolitan Fire Service (MFS) if the MFS attends the Adelaide Oval by reason of a false activation of a fire alarm caused by the Customer or its Guest.

10.  The Customer must not use (and must ensure that its Guests do not use) the Bodyline Bar:

(a)           for any other purpose other than for the purpose of attending the Match; or

(b)          for any purpose which in SACA’s opinion constitutes a nuisance or a danger to any other person.

11.  The Customer and its Guests must comply with all AOSMA terms and conditions of entry to Adelaide Oval. No liability is accepted by SACA in the event that the Customer or any Guest is denied entry to the Bodyline Bar or any other part of the Adelaide Oval as a result of the Customer’s and/or its Guest’s failure to comply with these terms.

12.  The Customer must not (and must ensure that its Guests do not):

(a)          bring into the Adelaide Oval (including, without limitation, the Bodyline Bar) any firearms, explosives, inflammable liquids, hazardous materials, drugs, food or alcoholic beverages;

(b)          bring into the Adelaide Oval (including, without limitation, the Bodyline Bar) any smoke machines, misters, hazers, foggers, foamers, oilcrackers, dry ice or fluid, dry density machines, pyrotechnics or similar atmospheric altering equipment, confetti, glitter, powder dust or other such substances, whether manually dispersed or by a discharge mechanism;

(c)           install or use or bring into the Adelaide Oval (including, without limitation, the Bodyline Bar) any equipment, fittings or electrical installation; or

(d)          bring into the Adelaide Oval (including, without limitation, the Bodyline Bar) any equipment or item which by reason of its weight or vibration resulting from its operation could in the opinion of SACA cause damage to the floor the roof or other parts or services of the Adelaide Oval.

13.  The Customer acknowledges and agrees with SACA that the Adelaide Oval is a non smoking venue and smoking is only permitted in designated smoking areas outside of the Adelaide Oval.

14.  The Customer must, and must ensure that its Guests:

(a)          use the Bodyline Bar in a safe and proper manner so as not to create any risk of injury or damage to person or property;

(b)          comply with all reasonable directions of SACA and AOSMA in connection with the safe and proper use of the Bodyline Bar;

(c)           not mark, paint, drill into or otherwise deface any part of the Bodyline Bar or make any alteration or fix any item to the structure, fittings, decorations or furnishing of the Bodyline Bar;

(d)          do not cause any damage whatsoever to the Bodyline Bar (including, without limitation, the structure, windows, walls and ceiling) and any fittings, decorations, furnishings and furniture in the Bodyline Bar;

(e)          do not block or obscure any emergency exists, emergency lights or fire protection equipment; and

(f)            do not exceed the floor loading.

15.  The Customer is responsible for all equipment it brings into the Adelaide Oval and SACA shall have no liability to the Customer for any loss or damage to such equipment unless such loss or damage is caused by SACA.

16.  The Customer must report to SACA any damage to the Bodyline Bar sustained during use by the Customer or its Guests (immediately upon becoming aware of the damage).

17.  The Customer must pay to SACA the cost of repairing and making good any damage sustained to the Bodyline Bar during use by the Customer or its Guests (unless caused by the negligence of SACA, its employees or agents) including, without limitation, the cost of labour and materials and replacement equipment and must, if required by SACA, itself repair and make good any such damage.

18.  The Customer must leave the Bodyline Bar in a clean, safe and proper condition.

19.  If the Customer fails to remove its equipment or other personal belongings at the end of the Designated Time, SACA may store the equipment and personal belongings at the Customer’s cost and dispose of them if the Customer fails to collect its equipment and personal belongings within a reasonable period of time (as determined by SACA).

20.  Where the Customer fails to vacate the Bodyline Bar by the end of the Designated Time, the Customer must pay such additional licence and usage fee determined by SACA in its sole discretion.

21.  Cancellation Of Event

(a)          If prior to the time when the gates at Adelaide Oval are open on the day of the event specified in the relevant booking form (“Event”), the Event is cancelled and not re-scheduled for any reason whatsoever, the parties shall be relieved from their respective obligations to each other pursuant to this Agreement in respect of the Event without any liability and SACA shall return to the Customer the proportion of any money already paid by the Customer for access to the Bodyline Bar for that Event (“Licence Fee”), subject to clause 21(b).

(b)          SACA may deduct an administration fee of $30 per person that is booked, per day, from any refund.

(c)           If prior to the time when the gates at Adelaide Oval open on the day of an Event, the Event is cancelled, and rescheduled, SACA will, at its election (in its sole and absolute discretion) either:

                              i.           refund to the Customer any part of the Licence Fee already paid by the Customer in respect of that Event (less the administration fee in clause 21(b)) and this Agreement shall terminate with immediate effect; or

                             ii.           provide the Customer with tickets and access to the Bodyline Bar in accordance with this Agreement at the rescheduled Event.

(d)          The Customer acknowledges that:

                              i.           the commencement and/or duration of any cricket played on the Event date is dependent upon the weather and other factors that are outside the control of SACA; and

                             ii.           this Agreement and access to the Bodyline Bar are not dependent upon the weather on the Event date and, subject to clause 21(a), the Bodyline Bar will be provided in accordance with this Agreement whether the Event is interrupted, suspended or cancelled.

(e)          Once gates are open on any day of an Event to which this Agreement relates, access to the Bodyline Bar in accordance with this Agreement for that day will go ahead, and the Customer and its Guests will not be entitled to any refund of the Licence Fee (or any part of the Licence Fee) if access is given and poor weather (or any other factor) causes limited or no play of the cricket match at the Event.

(f)            In the event that SACA is obliged to make any material change to the Bodyline Bar provided or cancel the facility for any reason, SACA will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal standard. In the event that the alternative arrangement offered by SACA is not of at least equal standard, then the Customer may elect to:

                              i.           accept the alternative arrangement offered by SACA and receive a refund of the difference in the cost between the original Bodyline Bar and the alternative arrangement; or

                             ii.           receive a refund of the part of the Licence Fee that the Customer has paid to SACA in which case this Agreement will terminate with immediate effect.

22.  Termination

(a)          SACA may terminate this Agreement (including refusing entry to the Customer and its Guests to the Bodyline Bar or Adelaide Oval or removing the Customer and its Guests from the Bodyline Bar or or Adelaide Oval) immediately if the Customer or its Guests breach any term of this Agreement.

(b)          Where this Agreement is terminated, SACA reserves the right to deny the Customer the ability to purchase tickets and/or book hospitality offerings at future Adelaide Strikers matches.

(c)           Termination or expiration of this Agreement will not affect the rights or obligations of the parties which have accrued up to the date of expiry or termination or any other rights and obligations which under the terms of this Agreement are expressed to survive or are capable of surviving such expiry or termination.

(d)          Payment is required in full at the time of booking (unless otherwise specified in the booking form). Except as otherwise specified in this Agreement, the Licensee has no right to cancel the booking or otherwise terminate this Agreement at any time. 100% of the Licence Fee is payable for a “no show”.

23.  The Customer occupies and uses the Bodyline Bar at its own risk and agrees to release, indemnify, keep indemnified and hold harmless SACA, its employees and agents from and against all Claims which may be incurred directly or indirectly by reason of or in relation to the use of the Bodyline Bar by the Customer or its Guests including, without limitation, Claims arising out of or in connection with any accident, damage or injury occurring to any person or property in or about the Bodyline Bar (except to the extent that any Claim arises wholly out of any act or omission of SACA).

24.  SACA shall not be liable to the Customer for any loss of life, personal injury or damage to or loss of property which may be suffered or sustained at Adelaide Oval (including, without limitation, the Bodyline Bar) for any cause whatsoever, save where any such death, injury or damage results wholly from a negligent act or omission of SACA, its employees or agents.

25.  COVID-19

(a)   The Customer acknowledges and agrees that entry to the Adelaide Oval and access to the Bodyline Bar, may be varied, restricted or otherwise limited by, and will be strictly subject to, SACA and/or AOSMA ensuring or facilitating compliance with any applicable:

                                      i.     COVID-19 related declarations, directions, limitations, recommendations, restrictions, regulations, mandates or requirements;

                                     ii.     directions issued by the State Coordinator/Commissioner of Police for South Australia or any other relevant authorised person or authority under the Emergency Management Act 2004 (SA) or any other relevant public health, biosecurity or emergency management legislation (or like legislation);

                                    iii.     physical (“social”) distancing principles and/or density requirements;

                                    iv.     Adelaide Oval capacity or attendance limits;

                                     v.     advice or recommendation(s) of the Chief Public Health Officer for SA Health, Deputy Chief Public Health Officers for SA Health or other relevant public health official or authority;

                                    vi.     any other determination(s) made by SACA and/or AOSMA in their absolute discretion, having regard to health, safety or security risks or other exceptional circumstances or requirements, and notified to the Licensee.

(b)   The Customer must (and ensure that its Guests must), at all times, adhere to, and comply with, the conditions of entry, including any capacity or other COVID-19 restrictions or requirements in force at the time.

(c)   The Customer acknowledges that events at Adelaide Oval may be cancelled or postponed, and/or individual entry tickets may be cancelled at any time due to COVID-19 related capacity restrictions or requirements. Notwithstanding any other clause within this agreement, if a Customer’s ticket is cancelled in these circumstances, SACA will refund to the Customer the proportion of any money already paid by the Customer for access to the Bodyline Bar for the affected event. SACA may deduct an administration fee of $30 per person that is booked, per day, from any refund.   

(d)   AOSMA, working in consultation with SACA, SA Health and SA Police authorities prioritises the health and safety of Adelaide Oval attendees. Patrons will be denied entry to Adelaide Oval should they have or show symptoms that may place persons at risk, or endanger, or impact on public health. By purchasing or accepting tickets to an Adelaide Oval event, patrons acknowledge that, even with control measures in place at Adelaide Oval, there remains an unquantifiable risk of transmission of viral illness including COVID-19. By attending Adelaide Oval, patrons acknowledge that they have considered those risks and their own personal circumstances, including any health condition or vulnerability that patrons may have, and the circumstances of persons with whom patrons will be in close contract following attendance at Adelaide Oval. Patrons acknowledge that, for a small number of people, COVID-19 has very serious health consequences. AOSMA and SACA expressly rely on patrons to bring this health issue waiver to the attention of any guest(s) of the Patron. AOSMA and SACA will rely on this health issue waiver and proceed on the basis that all patrons (including the Customer and Guests) acknowledge and accept these risks to enter Adelaide Oval.

26.  Privacy

 

SACA may collect personal information about the Customer and its Guests necessary for it to perform its obligations under this Agreement and to help promote the Event and future matches and similar events. SACA will use, disclose and manage all personal information in the manner set out in SACA’s Privacy Policy. To view SACA’s privacy policy go to www.saca.com.au.

 

27.  All capitalised terms in these Standard Conditions shall have the following meanings:

Adelaide Oval means the sporting ground and venue located at North Adelaide known as the “Adelaide Oval” and all buildings, structures and facilities, together with all associated and adjoining land and facilities under the control of AOSMA from time to time.

AOSMA means Adelaide Oval SMA Ltd ACN 141 259 538 and where relevant its employees and agents.

Claims means all claims, demands, actions, damages, costs, losses and expenses of any nature whatsoever.

Customer means the person or persons, or (if applicable) company or organisation specified in the relevant booking form or online booking form for the Bodyline Bar.

Designated Times means the hours beginning one (1) hour before the start of play of the Match and ending half an hour after the conclusion of play of such Match.

Guests means the Customer and any person attending the Match as an invitee of the Customer (including, without limitation, the Customer’s employees, agents or contractors).

Match means the cricket match, the particulars of which are indicated on the ticket.

Bodyline Bar means the room of the same name located on Level 2 of the Western stand at Adelaide Oval.

SACA means the South Australian Cricket Association Limited ABN 44 623 135 393 and where relevant its employees and agents.

Standard Conditions means these Bodyline Bar Standard Terms and Conditions of Access.