TERMS & CONDITIONS
(Last updated: 5:57am on Saturday 24 June 2023)
VenuesLive Management Services (CC) Pty Ltd (Operator) operates Industree Group Stadium (Stadium) as agent for Central Coast Council (Council).
The Operator accepts applications for Membership at Industree Group Stadium (Industree Group Stadium Membership) on these Terms and Conditions.
By purchasing a Membership, each Industree Group Stadium Member agrees to be bound by these Terms and Conditions.
- Industree Group Stadium Membership, and access to and use of the Industree Group Stadium Membership Benefits, remains subject to payment of the Membership Fee for each Membership Term.
- Each Membership Term runs for 12-months from the date of each individual Membership sign-up and is inclusive of these dates.
- Upon payment being received by the Operator, these Terms and Conditions constitute the Agreement between the Industree Group Stadium Member and the Operator.
1. Industree Group Stadium Membership Benefits
For each Industree Group Stadium Membership held, the Industree Group Stadium Member will receive the right to:
- Allocation of a seat within the undercover upper level of the Western Grandstand (within central bays 35-38) for all Events at Industree Group Stadium during the Membership Term;
- For any Concerts, access to the Members seating area (or part thereof) may be unavailable due to the position of the stage. If so, the Industree Group Stadium Member will be allocated an alternative seat in the Stadium;
- A 10% discount on any food and beverage purchases at food and beverage outlets within Industree Group Stadium for all events;
- An Industree Group Stadium Membership Pack including an Industree Group Stadium Member cap, lanyard and Membership card;
- Opportunity to purchase additional Member tickets for selected Events, subject to availability;
- Exclusive access into the new Industree Group Stadium Members Bar for all relevant Events.
2. Membership Term & Membership Fee
- Each individual Membership runs for 12-months from the date of sign-up;
- For the Membership Term, the Membership Fee will be:
- $750, if paid up front (currently discounted from $950), or
- $800 (currently discounted from $1,000), comprising a $200 Joining Fee (currently discounted from $250), plus 12 equal monthly instalments of $50 per month (currently discounted from $62.50 per month) (for each month from the date of sign-up).
- In subsequent Membership Terms, the Membership Fee may be increased by CPI and / or the non-discounted rates reintroduced (noting that no price increases will occur during any active Membership Term, so the Member will always have the option of renewal for any future term based on the Membership pricing at that point in time).
- An Industree Group Stadium Member may allow an Authorised Person to use their Membership to attend an Event, but the Member remains responsible for the conduct of the Authorised Person at the Event and their compliance with these Terms and Conditions.
3. No Guarantee of Events
- The Operator does not guarantee the number or type of Events to be held at the Stadium in any Membership Term, or that the number or type of Events will be the same as those held in previous years;
- The Operator is not liable for the cancellation, postponement or abandonment of any of the Events and no Membership Fee refund or other compensation is payable by the Operator in those circumstances;
- The Operator is not responsible if the Industree Group Stadium Member does not attend an Event or Events and no Membership Fee refund or other compensation is payable by the Operator in those circumstances;
- Any Excluded Events do not form part of the Industree Group Stadium Membership.
4. Compliance with Regulations & Directions
- The Industree Group Stadium Member must, and must ensure that any Authorised Person must, at all times:
- Comply with the Regulations, including the Conditions of Entry and any specific regulations or conditions for an Event;
- Behave in a responsible, orderly and considerate manner and at all times, and not cause a public nuisance, safety threat or adversely affect the enjoyment of other attendees at the Stadium or any of the participants of the Events;
- Comply with the directions of the Operator, including the directions of customer service staff in relation to the responsible service of alcohol and the removal of guests from the Stadium; and
- Observe and make themselves familiar with the security procedures and all emergency evacuation procedures of the Stadium.
- The Operator may refuse any person admission to the Stadium and may direct any person to leave the Stadium, including an Industree Group Stadium Member or an Authorised Person, for improper, threatening or abusive behaviour.
- Industree Group Stadium Members must not, and must ensure that any Authorised Person must not, use the Industree Group Stadium Membership in any advertising, promotional, marketing or other commercial purposes, including in any hospitality program, competition or trade promotion, and/or to enhance the demand for goods and services, and must not engage in any Ambush Marketing of the Stadium or an Event in its use of the Industree Group Stadium Membership.
5. Cancellation & Suspension of Industree Group Stadium Membership
- The Operator may cancel an Industree Group Stadium Membership, with immediate effect on notice to an Industree Group Stadium Member, if:
- The Membership Fee remains unpaid;
- The Industree Group Stadium Membership Seat is used by any person who has been banned from the Stadium.
- Cancellation of the Industree Group Stadium Membership results in cancellation of all Industree Group Stadium Membership Benefits.
- Upon cancellation by the Operator, no part of the Membership Fee(s) will be refunded and no compensation is payable to the Industree Group Stadium Member.
- These Terms and Conditions may be updated by the Operator from time to time.
- Any notices must be given in writing, and may include an email where an email address is provided.
- To the extent that a Force Majeure Event prevents the Operator from performing its obligations under this Agreement, the performance of such obligations will be suspended for the period of the delay due to such a Force Majeure Event.
- The Operator will not be liable for any delay or failure to perform its obligations if such failure or delay is due to a Force Majeure Event.
- This Agreement is not intended to create, and will not be construed as creating, any partnership or joint venture as between the parties. Neither the Industree Group Stadium Member nor any Authorised Person is deemed an employee, agent or partner of the Operator.
Definitions & Interpretations
Ambush Marketing means any marketing, promotion or advertising relating to the Stadium, an Event or the Event Parties, that has not been authorised by the Operator, including any activity or circumstance where a party attempts to associate, market or display that party’s name, logo, brand, products or services with the Stadium, an Event or the Event Parties.
Applicant means a person or body corporate completing the Application Form.
Application Form means the online application form accessed via the Industree Group Stadium website.
Authorised Person means a person authorised by an Industree Group Stadium Member to use the Industree Group Stadium Membership for an Event.
Industree Group Stadium Member means an Applicant who is allocated an Industree Group Stadium Membership upon full payment of the Membership Fee in accordance with this Agreement.
Industree Group Stadium Members Seating means the seating area as shown on the Seating Map.
Industree Group Stadium Membership Benefits means the rights and benefits set out in clause 1.
Concert means a musical performance held at the Stadium.
Conditions of Entry mean the conditions of entry to the Stadium, which are available here, or such other website URL as advised by the Operator as well as displayed at all entrance gates to the Stadium.
CPI means the All Groups Consumer Price Index Number (Sydney) published periodically by the Australian Bureau of Statistics.
Event Parties means any third party officially associated with an Event, including hirers, performers, athletes, media personnel, sponsors and officials.
Events mean the Regular Events excluding the Excluded Events.
Excluded Events means the World Events, private events, and any event where the Operator is unable to provide access to, or the right to purchase a ticket to an Industree Group Stadium Membership Seat for Industree Group Stadium Members.
Force Majeure Event means any event which is beyond the control of a party, including one or more, or a combination, of the following:
- lightning, natural disasters, cyclones, earthquakes and tsunamis;
- civil riots (other than immediately before, during or after an Event which involve attendees in connection with their attendance at the Stadium), rebellions, revolutions, insurrections, military and usurped power, act of sabotage, act of public enemy and war (declared or undeclared), civil war or terrorism (or proximate threat thereof);
- nuclear or biological contamination, ionising radiation or contamination by radioactivity;
- epidemic or pandemic (excluding COVID-19 or any variant thereof)
- fire or explosion;
- interruption of any Utility;
- direction from State Entities (other than VenuesLive in its capacity as principal under the Operator Agreement); or
- a requirement of Law, which (either separately or together) directly causes the Operator or the Client to be unable to comply with all or a material part of its obligations in accordance with this Agreement, to the extent the event or its consequence was not caused or contributed to by party claiming the Force Majeure Event.
Law means any Commonwealth, New South Wales and local government legislation, including statutes, ordinances, instruments, codes (but excluding any building codes or nonmandatory standards), requirements, regulations, by-laws and other subordinate legislation, common law and principles of equity
Membership Fee means the fee payable for each Industree Group Stadium Membership for the Term as determined by the Operator and set out in the Membership Application Form.
Membership Term means the 12-month period from the date of each individual Membership sign-up.
Personnel means an employee, officer, agent, subcontractor, consultant, supplier, contractor, volunteer, sponsor, invitee, client or visitor of the Operator.
Regular Events mean all Sporting Events, Concerts and Community Events held at the Stadium, but does not include Excluded Events.
Regulations mean any regulations, guidelines, terms and conditions, policies and procedures as developed and updated by or on behalf of the Operator from time to time, including those relating to codes of conduct, dress codes, health and safety matters, quality, security and environment matters, and access to the Stadium.
Seating Map means the seating map of Industree Group Stadium, highlighting the Industree Group Stadium Members Seating.
Stadium means the stadium currently known as Industree Group Stadium, or such other name as advised by the Operator from time to time
Terms and Conditions means the terms and conditions set out herein.
World Events means the World Games, Commonwealth Games, Rugby Union World Cup, Rugby League World Cup, World Cup Sevens Competitions, FIFA World Cup (including qualifiers), AFC Asian Cup Football and other events held as part of international games or competitions where the participants represent countries and not local sporting teams (or their successor or replacement events) and any other Events where the State Government of New South Wales or the Commonwealth Government of Australia hires the Stadium.
In this Agreement, headings are only for convenience and do not affect interpretation and, unless the context requires otherwise, a reference to:
- a person includes an individual, a firm or a corporation;
- a clause, party, schedule or annexure is a reference to a clause of, and a party, schedule and annexure to, this Agreement;
- a party includes that party’s legal personal representatives, successors, directors, officers, employees, and agents;
- “includes” means includes without limitation and “include” and “including” have corresponding meanings;
- all dollar amounts are inclusive of GST unless otherwise stated; and
- any reference to $ or ‘dollars’ is to Australian dollars.