PREMIUM PACKAGE TERMS AND CONDITIONS

The agreement between the Client or You and WCE is comprised of the Agreement Details and these Premium Package Terms and Conditions. In the event of any conflict between the Agreement Details and these Terms and Conditions, the Agreement Details will prevail. By purchasing a Package from the WCE, You agree to be bound by these terms and conditions.

1. Definitions
 

1.1. In these terms and conditions:

Advertising Materials means all audio, visual and combined audio/visual advertising and promotional material including, without limitation, signage, leaflets, stationery, press releases, Internet material, radio broadcasts, television broadcasts and/or badges.

AFL means the Australian Football League ACN 004 155 211.
AFL Season means the men’s home and away Australian rules football season held during the Term that is conducted by the AFL and in which the West Coast Eagles fields a team.
Agreement means this agreement between the WCE and the Client and includes the Agreement Details, the payment details and these Premium Package Terms and Conditions.
Agreement Details means the Agreement Details signed by the Client setting out the Package and includes the payment details.
Assets means the benefits, products, services, hospitality, events, activations, experiences and other entitlements comprised in the Package as set out in the Agreement Details, including any Tailored Asset agreed in accordance with this Agreement.
Client or You means the individual or the company set out in the Agreement Details who is purchasing the Package.
Client Guest means each guest or invitee of the Client who is utilising the Assets. A reference in these terms and conditions to a “Client’s Guest”, a “Clients Guest” or to “Client Guests” is a reference to a Client Guest.
Fee means the amount for the Package as set out in the Agreement Details payable by the Client to the WCE.
Full AFL Season means all Home Qualifying Matches held during the Season and, if specified in the Agreement Details, may include access to the North Melbourne Match.
Home Qualifying Match means those home and away games played at Optus Stadium during the AFL Season in which West Coast Eagles is the home team, excluding matches forming part of the Toyota AFL Finals Series. 

North Melbourne Match means any AFL Season match between West Coast Eagles and North Melbourne Football Club in which North Melbourne Football Club is designated by the AFL as the home club, whether played at Optus Stadium, in Bunbury or at another venue.
Optus Stadium means the ground and stadium located at 333 Victoria Park Drive, Burswood, Western Australia 6100.
Package means the Asset or Assets purchased by the Client as set out in the Agreement Details.
Premium Facilities means the premium hospitality services at Optus Stadium including without limitation the functions rooms, private suites and open-air boxes.
Season means the AFL Season.
Sponsorship Partner means any company which enters into a sponsorship agreement with the West Coast Eagles for the right, to the exclusion of any competitor, to promote their relationship for marketing, advertising and promotional purposes.
Stadium Conditions means the Stadium Conditions of Use published by VenuesLive at https://optusstadium.com.au/legal/conditions-of-entry, and all reasonable directions of VenuesLive.
Stadium Park means the stadium park precinct surrounding Optus Stadium that is managed by VenuesLive.
Tailored Asset means an Asset included in the Package for which an allocated value is specified in the Agreement Details, but the specific benefit or benefits to which that value will be applied are to be agreed between WCE and the Client after execution of this Agreement.
Term has the meaning set out in clause 3.1.
Ticketsmeans the tickets to any game, event or other Asset comprised in the Package, whether issued in physical or digital form.
Venue means the location at which the Asset is performed and includes without limitation the Premium Facilities, Optus Stadium or any other location as advised by the Club.
WCE or Club means Indian Pacific Limited (ABN 31 009 178 894) trading as West Coast Eagles.

 

2. Interpretation
 

2.1. In this Agreement, unless the context requires otherwise:

 

(a) headings are used for convenience only and do not affect the interpretation of this Agreement;
(b) the singular includes the plural and vice versa;
(c) if a word or phrase is defined, then its other grammatical forms have a corresponding meaning;
(d) a reference to a clause is a reference to a clause of this Agreement;
(e) a reference to a document is to that document as amended, novated, supplemented, extended or restated from time to time;
(f) “person” includes a natural person, partnership, body corporate, association, joint venture, governmental or local authority and any other body or entity whether incorporated or not;
(g) a reference to all or any part of a statute, rule, regulation or ordinance (statute) is to that statute as amended, consolidated, re-enacted or replaced from time to time;
(h) “include”, “for example” and any similar expressions are not used and must not be interpreted, as words of limitation;
(i) a reference to a thing, including to a right, is a reference to either the whole thing or a part of the thing; and
(j) a reference to “dollars” and “$” is to Australian currency.

 

3. Term

3.1. The term of the Agreement commences on the date the Client executes the Agreement and continues until the completion of the final Asset in the Package, unless terminated earlier in accordance with these terms and conditions (Term).

4. Fee and Payment

4.1. The Fee is based on the Assets of the Package set out in the Agreement Details, unless stated otherwise by the WCE.
4.2. The Client agrees to pay to the WCE the Fee for the Package in accordance with these terms and conditions and on the dates set out in the Agreement Details.
4.3. Should a change to the current GST rate of 10% be enacted during the term of this agreement West Coast Eagles reserve the right to pass this onto the Client.
4.4. Payment terms are strictly as invoiced and due on the instalment dates as set out in the Agreement Details. Failure to make payment by the due date is a breach of this agreement and will be dealt with in accordance with Clause 10.1.
4.5. If You provide the WCE with your Credit Card details:

a. You consent to the Club charging that card in accordance with the Agreement Details; and
b. it is Your responsibility to ensure that there are adequate funds in Your account to cover the Fee (or the portion of the Fee being debited). In the event that any attempt to take a payment under this Agreement is dishonoured, whether due to insufficient funds, or any other reason, You will be responsible for all costs incurred by the WCE as a result, including without limitation any bank fees.

4.6. You agree that should the WCE be unable to take a scheduled payment on the payment day as set out in the Agreement Details, WCE will make further attempts at its discretion to debit the Fee (or the portion of the Fee being debited). If the Fee (or the portion of the Fee being debited) is unable to be collected by the WCE, You may, at the WCE absolute discretion be deemed to be in breach of this Agreement.
4.7. If You indicate in the Agreement Details that You wish to pay the Fee in instalments, You understand that the Club may provide the Assets to You in instalments that correlate with the percentage of the Fee paid by You.
4.8. The Tickets for the Assets, unless otherwise agreed by the WCE will be retained by the WCE until payment of the applicable Fee has been received.

5. Premium Facilities

5.1. Should the Package include any use of the Premium Facilities this clause 5 applies.
5.2. VenuesLive is an agent of VenuesWest appointed to manage the day to day operations of Optus Stadium and Stadium Park. VenuesLive as agent for VenuesWest has granted to WCE a licence permitting the use of the Premium Facilities. WCE has the right to market and sell those Premium Facilities.
5.3. The Client must comply with the Stadium Conditions whilst at Optus Stadium and must ensure that each of the Client’s Guests also comply. To the extent there is any inconsistency between the Stadium Conditions and these Premium Package Terms and Conditions, these Premium Package Terms and Conditions will prevail. 
5.4. The Client and Clients Guests must also comply with all terms and Conditions relating to match day access stipulated on the West Coast Eagles Membership website at https://membership.wce.com.au/terms-conditions/. To the extent there is any inconsistence between the West Coast Eagles Membership Terms and Conditions and these Premium Package Terms and Conditions, these Premium Package Terms and Conditions will prevail.
5.5. A breach of any Stadium Condition or West Coast Eagles Membership Condition by the Client or by a Clients Guest is a breach of this Agreement and will be subject to clause 10.1.

6. Use of the Assets

6.1. You understand and agree that You must comply with any rules put in place by the Venue when using any of the Assets. A breach of a Venue rule by the Client or by a Clients Guest may be a breach of this Agreement and may be subject to clause 10.1.
6.2. The Assets and/or Package are as described in the Agreement Details. The Assets and the Package cannot be modified without the prior written consent of the WCE (such consent may be withheld or delayed at the absolute discretion of WCE). Any modification that You request to an Asset or Package that is approved by WCE will be at Your cost, will result in an increase to the Fee, will be subject to availability and must be agreed in writing by You and WCE.
6.3. You are required at all times to comply with the WCE Code of Conduct set out in clause 18. Any breach of this Code of Conduct may at the WCE absolute discretion result in the immediate termination of your Package.
6.4.A Package does not include access to the North Melbourne Match unless expressly specified in the Agreement Details. If access is included, the venue, seating, hospitality, facilities and other inclusions may differ from those applying to Home Qualifying Matches and will be determined by WCE and advised to the Client.

7. Damage or Loss caused by the Client or their Invitees.

7.1. The Client is responsible for any damage to the Venue to the extent caused or contributed to by any act or omission of the Client or of the Client’s Guests.
7.2. The Client agrees that they will be charged for, and must pay to WCE on demand, the cost of any necessary repairs to the Venue caused or contributed to by the Client or any of the Client Guests.>
7.3. The Client agrees that WCE is not responsible for any personal injury or death suffered by the Client or the Client Guests as a result of an act or omission of the Client or the Clients Guests including without limitation any failure to inform WCE or any third-party responsible for providing or assisting the WCE with providing the Asset, about any allergies or medical requirements of the Client or any of the Client Guests.
7.4. The Client is responsible for advising the WCE or any third-party responsible for providing or assisting the WCE with providing the Asset of any dietary requirements of them or their guests including without limitation any food allergies. The Client indemnifies the WCE against any loss, claim or cause of action howsoever arising as a result of a breach of this requirement.

8. Ticket On selling

8.1. Tickets may not, without the prior written consent of WCE be resold or offered at a premium (including via on-line auction sites) or used for advertising, promotion or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If a Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the bearer of the Ticket will be refused admission. In addition, the resale of Tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties. If the Client is caught replicating or duplicating match day Tickets, it will result in expulsion from the applicable stadium or venue in addition to the immediate cancellation of the Package.

9. Termination

9.1. The Client agrees that:

(a) not less than 30 days prior to the commencement of the first Asset in the Package, the Client may terminate this Agreement and the WCE will, at the Clients election, either provide a credit or refund of the Fee or portion of the Fee that has been paid to WCE.
(b) within 30 days of the date of the first Asset of the Package or at any subsequent time during the Term, subject to 9.1 (c), the agreement cannot be terminated by the Client and the Fee is non-refundable.
(c) if the Client wishes to cancel this Agreement within 30 days of the first Asset of the Package or at any subsequent time during the Term, for a Valid Reason, then the Client must submit a request in writing to the WCE to terminate this Agreement. This submission must be provided to the WCE in writing and must outline the basis of the Valid Reason; and
(d) if the WCE determines at its absolute discretion that the Clients reason for requesting to terminate the Agreement constitutes a Valid Reason then the WCE will work with the Client to offer alternative benefits, or if alternative benefits cannot be agreed, WCE will provide to the Client, at the Clients election, either a refund or credit on a pro-rata bases of the amount for the Assets that are due to occur after the date that the WCE agrees to the termination of the Agreement.

9.2. For the purpose of this clause 9:

(a) Subject to clause 9.2(b), Valid Reason means a reason that the WCE considers to be a significant and ongoing change of personal circumstances, that is not a change of mind, is beyond the reasonable control of the Client and means that the Client is unable to utilise any further Asset of the Package immediately following the occurrence of the change in personal circumstances; and
(b) WCE will determine, acting reasonably having regard to clause 9.2(a), whether a requested reason constitutes a Valid Reason. For the avoidance of doubt, reasons that do not constitute a Valid Reason include a change of mind, an inability to attend a match or matches during the Season or utilise an Asset, a change to the time or date of an Asset, a change to the Client’s work roster or work location, or a public transportation strike or delay.

 

10. Breach

10.1. Subject to clause 8, if the Client is in breach of any clause of this Agreement, WCE will advise the Client of that breach and provide notice to the Client in writing (by email) to rectify the breach. If the Client fails to rectify the breach within 14 days of receipt of the notice or if the breach is incapable of being rectified, then the Club may elect to either:

(a) immediately terminate this Agreement; or
(b) modify the Client’s package in whatever manner the WCE deems appropriate including without limitation withdrawing and/or pausing any access to any Asset included in the Package.

10.2. 10.2. Any costs, expenses or disbursements incurred by West Coast Eagles in the maintenance of the Client’s account as a result of a breach of this Agreement, including finance charges relating to dishonoured payments, debt collection agency fees due to failure to pay an invoice within the agreed payment terms and legal costs arising will be borne by the Client and must be paid to WCE on demand.
10.3. If the WCE elects to terminate this Agreement in accordance with clause 10.1(a) and any portion of the Fee remains outstanding, the Club reserves its rights to pursue full payment of the Fee by any means it considers reasonable and necessary.

 

11. Effect of Termination

11.1. If this Agreement is terminated for any reason, the Client agrees that the WCE may, at its absolute discretion, elect to exercise any one or more of the following:

(a) cancel any tickets relating to an unused Asset that is already in the possession of the Client or any Clients Guest;
(b) enter into an agreement with any third party covering any or all of the rights, benefits and entitlements under this Agreement; and/or
(c) resell any Asset or the entire Package to any third-party.

 

12. Advertising

12.1. Should the Package include any advertising or signage rights then this clause 12 will apply.

(a) Any Advertising Materials provided by the Client to WCE for the purposes of being displayed at Optus Stadium:
 

(i) Will not contain anything that may be obscene or defamatory or that might expose WCE to any proceedings whatsoever of a civil or criminal nature;
(ii) Will not breach any third party intellectual property rights; and
(iii) Will comply with all relevant codes of practice, rules and regulations.

(b) The Client will provide all material and artwork that are required for display as part of the advertising campaign.
(c) All changes to Advertising Materials made by the Client must be in writing to WCE and must be received prior to the lead-time deadline advised by WCE acting reasonably.
(d) The Client is required to physically proof its own materials artwork before submission to WCE. WCE accepts no responsibility for any errors in print or the electronic image quality resulting from poor artwork or photography. If physical proofs are required, an additional charge will apply. All graphics will be printed and displayed as per the format provided by the Client.
(e) If the Client uses third parties to serve the advertisement, the Client will be responsible for such third parties’ compliance with this Agreement.

12.2. If, during the Term, WCE secures a competitor of the Client as an official Sponsorship Partner, WCE may require the Client to relinquish any competing advertising rights included in the Package. WCE will provide the Client with alternative Assets of substantially equivalent value or, if suitable alternative Assets are not available, reduce any unpaid Fee and provide a credit or refund for any amount already paid, in each case calculated by reference to the value of the advertising rights relinquished.
12.3. The Client indemnifies WCE against any loss, damage, liability, claim, cost or expense (including reasonable legal costs) arising out of or in connection with any claim that Advertising Materials supplied by the Client infringe the rights of a third party (including intellectual property rights), are defamatory, or breach any applicable law or code of practice, except to the extent that it is caused by the negligence of WCE.

13. Flights and Accommodation

13.1. Should the Package include any flights and accommodation then this clause 13 will apply.
13.2. The Client and Clients Guests are required to comply with any and all reasonable requirements and instructions of the WCE when traveling with the WCE team on a charter flight.
13.3. The Client understands that the flight times may be subject to change without notice at the absolute discretion of the airline and it is the Client’s responsibility to ensure that they are on time for any and all flights.
13.4. All flights included in the Package are subject to Virgin Australia’s Conditions of Carriage available on their website at https://www.virginaustralia.com/au/en/about-us/policies/legal/conditions-of-carriage/
13.5. A flight and accommodation Asset includes, return economy flights on the Club charter flight (or such other flight as determined by WCE acting reasonably) and accommodation at a WCE pre-determined hotel. Any modifications to the Asset that You require will be at Your own costs and will be additional to the Fee already paid.

14. Warranties and Australian Consumer Law

14.1. Except for those required or implied by legislation, WCE gives no warranties in relation to goods and services supplied to the Client, and the Client acknowledges that it has not relied on any representation or warranty made by or on behalf of WCE.

14.2. This clause 14.2 applies only to the extent the Client does not acquire the relevant goods or services as a ‘consumer’ within the meaning of the Australian Consumer Law, and in all cases operates subject to clause 14.3. Certain legislation (including the Competition and Consumer Act 2010 (Cth)) may imply conditions and warranties into these Terms and Conditions. To the extent that such conditions and warranties may lawfully be excluded, all such conditions and warranties are expressly excluded. The liability of WCE under or arising out of the supply of goods and services for breach of any term, condition or warranty implied in or imposed upon the supply of goods and/or services by legislation, shall be limited, at the option of WCE to:
(a) if the breach or liability relates to goods, the replacement of the goods or the supply of equivalent goods or the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(b) if the breach or liability relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.
14.3. The Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other laws provide for certain conditions, consumer guarantees and rights which cannot be excluded, restricted, modified or limited. Nothing in this Agreement excludes, restricts, modifies or limits the operation of these consumer guarantees and rights.
14.4. Subject to clauses 14.2 and 14.3 and to the maximum extent permitted by law, the total aggregate liability of WCE to the Client under or in connection with this Agreement (whether in contract, tort (including negligence), under statute or otherwise) is limited to the amount of the Fee paid by the Client, and WCE will not be liable to the Client for any indirect, special or consequential loss, or for any loss of profit, revenue, opportunity or goodwill.

15. Modification of the Package due to Unforeseen Events

15.1. If the Assets in the Package relate to a Full AFL Season and, after the Client enters into this Agreement, the number of Home Qualifying Matches included in the Package:

(a) increases, the Client will be given the first opportunity to increase its relevant Assets, including signage, hospitality and seating, for each additional match. Any resulting increase in cost will be calculated on a pro-rata basis and added to the Fee payable by the Client; or
(b) decreases, the Fee will decrease by the value of the relevant Assets affected by that decrease, including signage, hospitality and seating. At the Client’s option, any amount already paid in excess of the reduced Fee will either be held as a credit by WCE for future West Coast Eagles Home Qualifying Matches at Optus Stadium or other events held by WCE, or refunded to the Client.
 

15.2. Should West Coast Eagles be required beyond its reasonable control to materially change any access to any of the Assets of the Package as set out in this Agreement, a representative will meet with the Client to negotiate in good faith alternative benefits to be provided to the Client. If an alternative benefit cannot be agreed by the Client and the West Coast Eagles acting reasonably, then the West Coast Eagles will, subject to applicable law and at its election, provide to the Client a credit, a substitute benefit or a refund for the pro-rata value of the benefits lost by the Client. For the avoidance of doubt, a change of time to a fixtured Asset or time and/or date for an un-fixtured Asset does not constitute a material change to the Asset.

16. Commercial Impracticability

16.1. Without limiting clause 15, this clause 16 applies where, due to circumstances beyond a party’s reasonable control:
(a) performance of an obligation remains technically possible but has become commercially impracticable or unreasonable in the circumstances;
(b) performance would require the party to incur costs or operational burdens materially greater than those reasonably contemplated by the parties when entering into this Agreement; or
(c) performance would require the party to incur unreasonable expenditure or undertake unreasonable alternative arrangements.br> 16.2. If clause 16.1 applies, the affected party may, acting reasonably:
(a) defer or suspend the affected obligation for so long as the relevant circumstances continue;
(b) perform the obligation by an alternative reasonable method;
(c) provide a reasonable substitute benefit, good, service or deliverable of substantially equivalent commercial value; or
(d) where no reasonable alternative is available, and subject to clauses 14.3 and 15.2, be relieved from performing the affected obligation without further liability.
16.3. A party relying on clause 16.2 or clause 16.4 must notify the other party of the relevant circumstances as soon as reasonably practicable and use reasonable endeavours to mitigate their impact and to resume performance as soon as reasonably practicable.
16.4. Where an Asset (including any appearance, event, activation, hospitality or other benefit) cannot reasonably be provided due to a circumstance described in clause 16.1, WCE may satisfy the relevant obligation by providing an alternative appearance, player, representative, event, venue, timing, digital activation or other benefit of substantially equivalent commercial or promotional value.

17. No Finals Access
17.1. The Package is limited to the Assets in the Agreement Details and does not include any access to Premium Facilities if a match forming part of the Toyota AFL Finals Series is held in Perth during the Term unless specified in the Agreement Details.

18. Personal Information

18.1 All personal information provided by or on behalf of the Client will be used by the West Coast Eagles Football Club and the AFL in accordance with the AFL and the Club’s Privacy Policy available at www.westcoasteagles.com.au/privacy. By providing personal information, the Client agrees to that use for the purposes of administering the Package, providing the Assets, managing the Client relationship and the other operational purposes described in that Privacy Policy. The Client may separately opt in to receive direct marketing from the West Coast Eagles and the AFL, and the Client’s agreement to the use of personal information for those operational purposes is not conditional on the Client consenting to receive direct marketing. To view the West Coast Eagles Privacy Statement click here www.westcoasteagles.com.au/privacy.You may opt out of receiving direct marketing from the West Coast Eagles at any time by emailing your account manager or following the unsubscribe link in any marketing email.

19. Code of conduct

19.1. During the Term the Client and its officers, employees, agents, directors, guests and contractors utilising the Assets agree:

(a) To conduct themselves towards the Club and players in ways that are respectful to all, lawful and in the spirit of the game;
(b) To conduct themselves in a manner that does not damage (or have the potential to damage) the reputation of the Club, its members or supporters;
(c) In relation to matches, social media channels and events (or when dealing with any Club or opposition employees, players or officials) to refrain from:

(i) engaging in or endorsing any form of threatening conduct, or vilification or abuse on the basis of race, gender, religion, disability or sexuality; and
(ii) any acts of violence, disruptive behaviour or use of offensive or abusive language or gestures; and
 

(d) Not to engage in behaviour, either at a game, on-line or in any way connected with the Australian Football League, Women’s Australian Football League, Western Australian Football League, or any other sporting league, that is deemed by the Club at the Clubs absolute discretion to be vilification, bullying, harassment or any other unlawful or undesirable behaviour.

 

20. No Waiver

20.1. A failure to exercise, a delay in exercising or partially exercising any power, right or remedy conferred on a Party by or in respect of this Agreement does not operate as a waiver by that Party of the power, right or remedy.
20.2. A single or partial exercise of any power, right or remedy does not preclude a further exercise of it or the exercise of any other power, right or remedy.
20.3. A waiver of a breach does not operate as a waiver of any other breach.

21. Notice

21.1. To have legal effect any notice or other communication to be given under this Agreement must be given in writing by email, except that operational (non-legal) communications may also be given by phone.;
21.2. A notice is deemed to be delivered and received:

(a) if by phone, upon speaking to any person or leaving a message, on the phone number provided in the Agreement Details; or
(b)if by way of email, when the email (including any attachments) is sent to the email address in the Agreement Details, unless the WCE receives a notification of delivery failure within twenty-four (24) hours of the email being sent.

 

22. Governing Law and Jurisdiction

22.1 The laws of Western Australia govern this Agreement. The Parties submit to the non-exclusive jurisdiction of the courts of Western Australia and of the Commonwealth of Australia.

23. Survival

23.1The covenants, conditions and provisions of this Agreement which are capable of having effect after the expiration of the Agreement shall remain in full force and effect following the expiration of the Agreement.

24. Severability

24.1 If anything in this Agreement is unenforceable, illegal or void then it is severed and the rest of this Agreement remains in force.