Terms & Conditions

1. General 

1.1 Hospitality Packages are issued subject to the Perth Scorchers Official Hospitality Conditions (Official Hospitality Conditions) for each season (as amended by Perth Scorchers from time to time) which together with the Invoice form a binding contract between Perth Scorchers and the Customer commencing on the date of the Invoice (Confirmation Date). 

1.2 In addition to these Official Hospitality Conditions, Hospitality Ticket bearers are bound by the terms and conditions contained in or published on tickets and the Cricket Australia Ticket and Entry Conditions (as amended by Cricket Australia from time to time) as published at www.cricket.com.au/tickets and the Conditions for Entry for the venue (as amended by the venue from time to time) as published at www.optusstadium.com.au/legal/conditions-of-entry, exhibited at the venue or provided upon request, form part of this agreement.

1.3 Any person who fails to comply with the Cricket Australia Ticket and Entry Conditions and the Conditions of Entry for the venue shall be refused admittance or ejected from the Venue and may be denied the ability to purchase tickets or Hospitality packages for future matches.

1.4 Subject to the terms of this Agreement, Perth Scorchers grant the Customer and Guests the right to use and access the Hospitality Facility during the Designated Times in accordance with this Agreement for the purpose of watching the Match and the Customer providing hospitality services to Guests. 

2. Payment 

2.1 Payment can only be made in accordance with the payment plan. For bookings following 30 October 2021, only credit cards will be accepted.

2.2 No Hospitality Tickets will be provided to the Customer until the total invoice amount has been received in full.

2.3 The total Invoice amount includes GST. 

2.4 Subject to clause 4, all hospitality packages are non-refundable.

2.5 Perth Scorchers advise, and the Customer acknowledges, that a credit card fee will apply in respect of all credit card purchases. The fees will be Visa/Mastercard/Amex – 1.5%. These fees are non-refundable. 

3. Hospitality Tickets 

3.1 Subject to the total booking amount being received by the Perth Scorchers, the Perth Scorchers will provide access to the online ticketing system at least two weeks prior to the match unless the booking is made after that time in which case access will be provided as reasonably practicable or be retained for collection at the Venue on the Match Date.

3.2 The Customer shall be responsible for distributing the Hospitality Tickets to their Guests. No person will be admitted to the Hospitality Facility without a valid Hospitality Ticket. No liability is accepted by Perth Scorchers in the event that a Guest is denied entry to the Hospitality Facility or any other part of the Venue as a result of the Customer’s or any Guest’s failure to comply with this Agreement. 

3.3 The Customer shall be responsible for the acts and omissions of the Customer and the Guests while at the Venue, and the Customer will ensure that the Guests understand and comply with all terms of this Agreement (including clause 7) at all times. 

3.4 Customers must not, and must ensure that Guests do not advertise, auction, or otherwise offer for sale, use as a competition prize, exchange for valuable consideration, assign, licence, bundle with other goods or services or otherwise commercially deal with any of the rights benefits and entitlements contained in this Agreement (including, without limitation the Hospitality Tickets or without the prior written consent of Perth Scorchers GM – Commercial, Marketing & Communication or their nominee). 

3.5 Any Hospitality Ticket acquired in breach of this Agreement shall be null and void. Perth Scorchers are entitled to confiscate, cancel or invalidate any Hospitality Ticket or Match tickets offered for sale, sold or acquired in breach of this Agreement. 

3.6 The Customer agrees to provide Perth Scorchers or the catering provider (as directed) with a dietary requirements list, including details of any food allergies, the name and contact number of the Customer’s nominated “Host”, the names of the Customer’s Guests, and any other relevant information at least 2 weeks prior to the Match Date. Perth Scorchers does not guarantee that any of the food or drink products served at each Venue are free from nuts, wheat, lactose or any other allergens. 

3.7 The Customer acknowledges that Perth Scorchers does not guarantee: 

• (a) whether the Match or any play will take place on the Match date; 
• (b) the length of play of the Match; or 
• (c) the identity of the players who will appear in the Match.

4. Cancellation Terms

4.1 The Customer must pay to Perth Scorchers on demand any legal and other costs and expenses incurred by Perth Scorchers relating to:

• (a) the Customer being in breach this Agreement;
• (b) any proceedings brought by Perth Scorchers to enforce compliance by the with the terms of this Agreement

4.2 Perth Scorchers may terminate this Agreement immediately by written advice to the Customer if:

• (a) the Customer does not pay any amount due for payment under this Agreement on the due date and does not pay the amount with a further period of 5 days after Perth Scorchers sends written notice to the Customer requesting payment; or
• (b) the Customer does not carry out the Customer’s obligations under this document and in the case of a default which is capable of remedy, does not remedy that default with 14 days after Perth Scorchers send written notice to the Customer requesting the default to be remedied.

4.3 If Perth Scorchers terminate this Agreement under clause 4.3, then in addition to any other rights provided by law:

• (a) any amounts paid by the Customer under this Agreement is forfeited to Perth Scorchers; and 
• (b) the Customer is liable for any resulting cost or loss suffered by Perth Scorchers even through the Perth Scorchers terminated the Agreement.

5. Cancellation or Rescheduling of Matches

5.1 Subject to clause 4.2, in the event of cancellation of the Match prior to the day of the Match or cancellation of the Hospitality Package (other than as a result of any act or omission of the Customer or Guests), Perth Scorchers will refund any part of the Total Price that has been paid by the Customer for that particular match day. 

5.2 In the event the match is rescheduled, Perth Scorchers will:

• (a) Provide the customer with the hospitality package at the rescheduled match; or 
• (b) At its discretion, refund the customer the total price that has been paid for the match.

5.3 The Customer acknowledges that: 

• (a) the commencement and/or duration of any cricket played on the Match date and the ability of Perth Scorchers to deliver every element of the Hospitality Package (e.g. on ground experience) is dependent upon the weather and other factors that are outside the control of Perth Scorchers; but 
• (b) the hospitality facilities at the Venue are not dependent upon the weather on the Match date and, subject to clause 4.5, will be available for use irrespective of whether a Match is interrupted, suspended or cancelled. 

5.4 The Customer agrees once access to the Venue is given or made available to persons, the full Hospitality Package will be deemed to have been provided by Perth Scorchers and received by the Customer and the Guests, and accordingly the Customer and the Guests will not be entitled to any refund of the Hospitality Package if access is given and poor weather (or any other factor) causes cancellation or limited play of the Match or results in Perth Scorchers not being able to deliver some elements of the Hospitality Package (e.g. on ground experience). No refund will be provided for Hospitality Packages which cover more than one Match or Match day in the event of any cancellation of any Match or Match day, including if a Match is abandoned, postponed, delayed or shortened for whatever reason including as a result of a wash out. 

5.5 In the event that the Perth Scorchers are obliged to make any material change to a Hospitality Facility or cancel that facility for any reason, Perth Scorchers will use its reasonable endeavours to ensure that alternative arrangements are offered which are of at least equal or a superior standard. In the event that the alternative arrangement offered by Perth Scorchers is not of at least equal or a superior standard then the Customer may elect to: 

• (a) accept the alternative arrangement offered by Perth Scorchers and receive a refund of the difference in the cost between the original Hospitality Package and the alternative arrangement; or 
• (b) receive a refund of the relevant part of the Total Price the Customer has paid to Perth Scorchers in which case the obligation to provide the relevant part of the Hospitality Package will terminate with immediate effect. 

5.6 The Cricket Australia National Refund Policy and the Big Bash League Refund Policy for the relevant season does not apply to this Agreement. 

6. Liability 

6.1 To the fullest extent permitted by law Perth Scorchers excludes all warranties, terms, conditions or undertakings of any nature and in any form (whether express or implied, written, oral, statutory or otherwise) in relation to the Hospitality Package. 

6.2 Perth Scorchers shall not be liable to the Customer in contract, tort (including negligence) or otherwise arising out of or in connection with this Agreement for (i) any loss of revenues, loss of profits, loss of business or anticipated savings, loss of goodwill and/or reputation or loss arising out of business interruption (whether such losses are direct or indirect) or (ii) any indirect or consequential loss or damage. 

6.3 Perth Scorchers shall not be liable for: 

• (a) any injury whatsoever to the Customer or any Guests, nor for any loss or damage to or theft of their property howsoever such injury, loss or damage may be caused; or 
• (b) any damage, loss, delay or expense incurred by the Customer owing to any event beyond Perth Scorchers’ control. Subject to clause 5.4, Perth Scorchers’ total liability if such an event arises shall be to use reasonable endeavours to make alternative arrangements, including holding the Match (if applicable) at the next best alternative date or providing alternative hospitality facilities at the Venue pursuant clause 4.5. 

6.4 Perth Scorchers’ maximum liability to the Customer under, or in connection with, this Agreement shall be limited to the amount actually paid by the Customer to Perth Scorchers for the Hospitality Packages. 

6.5 The Customer shall be responsible for and reimburse Perth Scorchers for any loss, damage, costs and expenses (including, without limitation, loss of profits), that the Customer or its Guests cause, whether within the Hospitality Facility or elsewhere within the Venue. In the event that the Customer causes such damage or loss, Perth Scorchers shall be entitled to Invoice the Customer and the Customer shall pay such Invoice immediately. 

6.6 Nothing within this Agreement shall limit or exclude either party’s liability for death or personal injury caused by its negligence or for any loss, damage, costs and expenses caused by an act of fraud or which may not lawfully be excluded. 

7. Signage, Advertising and Promotions 

7.1 The Customer must not use the Perth Scorchers logo or any other Cricket Party intellectual property without the prior written consent of the Perth Scorchers, such consent to be granted in Perth Scorchers’ absolute discretion. 

7.2 No advertising or promotion by a company will be permitted within the Venue without the prior written consent of Perth Scorchers, such consent to be granted in Perth Scorchers’ absolute discretion. 

7.3 No promotional items coordinated by a company in direct conflict with any of Perth Scorchers’ sponsors or official suppliers will be permitted within a Venue. 

7.4 Promotional items that corporate Customers wish to provide their Guests will not be permitted unless Perth Scorchers provides its consent in writing, such consent to be granted in Perth Scorchers’ absolute discretion. 

8. Hospitality Conduct 

8.1 The Customer will, and will procure that all Guests dress smartly and otherwise comply with the dress code applicable to their Hospitality Package. 

8.2 The Customer shall be responsible at all times for the conduct the Guests. 

8.3 Perth Scorchers reserves the right to refuse admission to a Venue in accordance with the Cricket Australia Ticket and Entry Conditions, which includes that all persons must agree to be searched on entry to the Venue. 

8.4 The Customer will not, and will procure that all Guests do not, engage in any conduct (whether through the use of language, gestures or otherwise) which is likely to offend, insult, humiliate, intimidate, threaten, disparage or vilify any other person (including any player, match official, other official or other patron) on the basis of their race, religion, gender, culture, colour, sexual orientation, descent or national or ethnic origin. If a Hospitality Ticket holder fails to comply with this condition, they may be refused admission to, or evicted from, the Venue without refund or compensation of any kind; and the Hospitality Ticket holder must deliver up any and all tickets in their possession. In addition, each Hospitality Ticket Holder acknowledges that the failure to comply with this condition may result in the imposition of other sanctions (such as being banned from the Venue in the future) and possible further action including criminal prosecution. 

8.5 All unauthorised persons are prohibited from entering the playing area at all times. 

8.6 The Customer acknowledges that, pursuant to relevant laws, Perth Scorchers may (or may procure that third parties): 

• (a) terminate liquor service at the Hospitality Facility 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 premises 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 Hospitality Facility and require the vacation of the Hospitality Facility 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 Hospitality Facility and the Venue (including persons causing the Customer to breach this Agreement); and 
• (e) refuse to serve liquor to a person (including a Guest) under the age of 18 or a person that is intoxicated. 

8.7 Under no circumstances is the Customer or Guests permitted to bring their own food or drink into the Hospitality Facility. 

9. Termination and expiration 

9.1 Perth Scorchers may terminate this Agreement (including refuse entry to you and your Guests to the Match, the Hospitality Facility or the Venue or remove you and your Guests from Match, the Hospitality Facility or the Venue) immediately, without refund, if you breach any term of this Agreement. 

9.2 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. 

10. Privacy 

10.1 Perth Scorchers may collect personal information about the Customer and Guests necessary for it to perform its obligations under this Agreement and to help promote the Match and future Matches and related or similar events. Unless such persons advise otherwise, the Customer consents on behalf of the Guests to receiving future promotional and marketing material from Perth Scorchers including via electronic messages. Perth Scorchers will use, disclose and manage all personal information in the manner set out in Cricket Australia’s privacy policy. To view Cricket Australia’s privacy policy go to www.cricket.com.au/privacy-policy. 

11. General 

11.1 This Agreement sets out the entire understanding between Perth Scorchers and the Customer in respect of the subject matter of this Agreement. 

11.2 Any issues regarding dispute or interpretation of this Agreement must be resolved in accordance with the laws of the State of Victoria and the parties submit to the jurisdiction of the courts of Victoria. 

12. Definitions 

12.1 All capitalised terms in this Agreement shall have the following meanings: 

• Agreement means the Agreement between the Customer and Perth Scorchers as described in clause 1.1. 
• Customer means the person or company specified as the customer on the Invoice. 
• Designated Times means the times for the Hospitality Package nominated by Perth Scorchers in writing. 
• Guest means the Customer and any person attending the Match using a Hospitality Ticket issued in relation to the Hospitality Package. 
• Hospitality Facility means the shared or private corporate hospitality facility designated by Perth Scorchers to provide the Hospitality Package. 
• Hospitality Package means the hospitality package specified on the Invoice. 
• Hospitality Ticket means any ticket, pass, lanyard, wristband or other document issued by Perth Scorchers allowing entry to the relevant 
• Hospitality Facility at a particular Venue in accordance with the details indicated thereon. 
• Invoice means the booking form issued by Perth Scorchers and executed by the Customer. 
• Perth Scorchers means the Men’s BBL Club operated by the Western Australian Cricket Association.
• Venue means the entire premises of a ground or stadium where a match is scheduled to take place and to which a Hospitality Ticket is required to gain access.