Membership Terms & Conditions
The Cricket Club proposes to grant a Membership which will entitle Members to a personal seat in the top deck of The Bradman Stand at the Sydney Cricket Ground, Moore Park, Sydney for all Major Cricket Events, and access to other venues for all Cricket NSW Matches until the end of the Membership Period.
Membership of The Cricket Club and Applications for Membership are governed by the Terms and Conditions set out below, by which all Members and Applicants hereby acknowledge and agree to be bound.
One-Year and Two-Year Memberships are additionally governed by the supplementary terms set out at the end of these Terms and Conditions. Those supplementary terms supersede these Terms and Conditions to the extent of any inconsistency.
1. Cricket Club Membership
1.1 Each Member will be allocated one of the approximately 1,250 seats in the top deck of The Bradman Stand at the SCG, in the area shown on the Seating Plan. Seating at other venues for Cricket NSW Matches will be in general admission seating unless otherwise notified by The Cricket Club.
1.2 Membership entitles each Member for the Membership Period, or any other person on behalf of the Member in accordance with clause 1.6, the right to:
- enter the SCG and enjoy exclusive use of the Membership Seat allocated to them at all Major Cricket Events at no additional charge;
- use the Facilities at the SCG at all Major Cricket Events;
- access all other Cricket NSW Matches played at any venue within New South Wales at no additional charge; and
- purchase tickets for Member Functions on a 'first-come, first-served' basis.
1.3 The Facilities may from time to time not be available for Cricket NSW Matches that are not classified as Major Cricket Events.
1.4 The Cricket Club accepts no responsibility, nor will any compensation be paid, in the event of any failure to make available the benefits of Membership where such failure arose from factors beyond the control of The Cricket Club, including, without limitation, if a Major Cricket Event or other Cricket NSW Match is cancelled, abandoned, postponed, delayed or shortened for whatever reason, including, but not limited to, bad weather, industrial action or ground maintenance.
1.5 Notwithstanding clause 1.4, if a Major Cricket Event is scheduled to be played but then cancelled for reasons other than bad weather, The Cricket Club may decide to reimburse Members a portion of their Membership Fee, the amount to be determined by The Cricket Club in its absolute discretion.
1.6 A Member may transfer the benefits of their Membership , including use of their Membership Seat at any Major Cricket Event or Cricket NSW Match, at any time during the Membership Period, so long as the transferee agrees to be bound by these Terms and Conditions, including the transfer conditions set out in clause 1.7.
1.7 In clause 1.6 and in this clause, transfer means the temporary use of the Membership by a family member, friend, neighbour, work colleague or any other person, but does not include the resale of the Membership to a third party, which is instead governed by the Resale Conditions in accordance with clause 7.
(a) Membership is a personal right of the Member that may be enjoyed by relatives, friends and others, but only on the basis that the Member receives no consideration, whether monetary or in any other form, from others for the use of the Membership.
(b) All persons who use the Membership must comply with the Code of Conduct and Members are personally responsible for any transferees who use their Membership. In accordance with clause 10, breach of the Code of Conduct by a Member or a transferee may result in termination of Membership.
(c) Receipt by a Member of any consideration, whether monetary or in any other form, from another person in exchange for the use of the benefits of Membership will breach these transfer conditions and may result in immediate cancellation of that Member's Membership.
2. Applications for Cricket Club Membership
2.1 An Applicant may be a body corporate or a natural person.
2.2 The Cricket Club will only consider Applications where the Applicant has:
- completed the Membership Application Form and lodged it with The Cricket Club; and
- paid the Membership Fee in full.
2.3 An Applicant may apply for more than one Membership Seat, but one Membership Fee is payable for every Membership Seat for which they are applying.
2.4 The Cricket Club will notify Successful Applicants in writing that they have been accepted as a Member.
2.5 The Cricket Club will notify unsuccessful Applicants in writing and refund the full Membership Fee to them.
3. Payment of Membership Fee.
3.1. The Membership Fee must be in the form of a personal cheque, a bank cheque or credit card. Cash will not be accepted. Cheques should be made payable to The Cricket Club, and credit card payments should include all relevant details and authorisations.
3.2 The acceptance and subsequent deposit of the Membership Fee by The Cricket Club does not indicate the success of an Application.
3.3 If an Application is unsuccessful, the Membership Fee paid will be refunded within 14 days after notice is given to the Applicant by The Cricket Club of non-acceptance of their Application.
3.4 The Membership Fee is current as at May 10 2006 and The Cricket Club reserves the right to alter the Membership Fee from time to time.
4. Acceptance of Offer
4.1 The Cricket Club will consider Applications in its absolute discretion, and its decision is final, and not subject to review or appeal of any kind.
4.2 Notice of acceptance will be given by The Cricket Club in writing to the Successful Applicant by prepaid post, fax or email.
4.3 Following acceptance into The Cricket Club, the Successful Applicant will receive a Membership Card which will be used by the Member as proof of Membership and to gain entry to the top deck of the Bradman Stand at the SCG and to other Cricket NSW-hosted venues.
5. Seat Allocation Policy
5.1 Seats will be allocated on the best available Membership seat or group of seats as determined by The Cricket Club in its absolute discretion, on the basis of such factors as line of sight and proximity to the cricket pitch.
5.2 Membership Seats will be allocated in order of arrival of both the completed Membership Application Form and the Membership Fee.
5.3 The Seating Plan attached in Annexure A is indicative only.
5.4 The Membership Seat allocations may be modified by The Cricket Club, in its discretion, to take account of any special access requirements of a Successful Applicant.
5.5 The Cricket Club reserves the right, in its absolute discretion, to reallocate seats prior to the commencement of the first Major Cricket Event in any cricket season during the Membership Period.
5.6 The allocation of Membership Seats by The Cricket Club pursuant to this clause is final. Members are not entitled to make any claim on the basis of a change in their seat allocation.
6. Group Allocation Policy
6.1 The Cricket Club will make all reasonable efforts to ensure that a group of Applicants is seated together where requested. However, The Cricket Club does not guarantee that every group of Applicants will be allocated Membership Seats together when so requested.
6.2 The Cricket Club reserves the right, in its absolute discretion, to reallocate a group of seats prior to the commencement of the first Major Cricket Event in any cricket season during the Membership Period.
6.3 The allocation of Membership seats pursuant to this clause is final. Members are not entitled to make any claim on the basis of a change in their seat allocation.
7. Resale of Membership
7.1 All resales and other dealings with rights of Membership must be in accordance with the Resale Conditions. The Cricket Club reserves the right to amend the Resale Conditions at any time in its absolute discretion. The Resale Conditions will be posted on The Cricket Club website from time to time.
7.2 Subject to payment of the Resale Fee, compliance with the Resale Conditions and clause 7.3, Membership Seats can only be transferred or otherwise advertised or promoted for sale to third parties through The Cricket Club.
7.3 The purchaser of a Membership Seat must sign an agreement with The Cricket Club agreeing to, among other things, be bound by the Terms and Conditions.
8. No Bundling
8.1 Membership is a personal right of the Member.
8.2 The enjoyment of rights of Membership must not be advertised or otherwise promoted for the benefit of any other person except in the case of resale in accordance with the Resale Conditions.
8.3 A Member may not promote or offer the benefits of Membership to a prospective transferee as part of any commercial activity including, without limitation, as part of a bundled offering with other services.
8.4 Breach of this provision may result in the immediate cancellation of the Membership.
9. Conduct
9.1 The Cricket Club will publish a Code of Conduct from time to time with which all Members must comply. The Code of Conduct will be posted on the Cricket Club's website from time to time.
9.2 In accordance with clause 9.1, failure to comply with the Code of Conduct may result in termination of Membership.
10. Termination
10.1 The Cricket Club, in its absolute discretion, retains the right to terminate a Membership for the following occurrences:
(a) a serious breach of the Code of Conduct;
(b) continued breaches of the Code of Conduct despite warnings from The Cricket Club that continuation of such activities may lead to the termination of Membership;
(c) non-payment of any monies owed by the Member;
(d) failure to observe any requirements of the Sydney Cricket and Sports Ground Trust or of the NSW Government concerning the SCG and the operator of any other venue at which Cricket NSW Matches are played relating to conditions of entry including, without limitation, behaviour and safety; and
(e) failure to comply with any of these Terms and Conditions.
10.2 Upon termination, no part of the Membership Fee will be refunded.
10.3 This clause 10 survives termination or expiration of this agreement.
11. Other Fees
11.1 The Cricket Club reserves the right to charge additional fees (including, without limitation, late payment fees) in relation to the administration of Membership Seats, in addition to the Membership Fee, the Resale Fee and lost Membership Card replacement fees.
12. GST
12.1 In this clause the expressions 'adjustment', 'adjustment event', 'adjustment note', 'consideration', 'GST', 'input tax credit', 'supplier', 'supply', 'recipient' and 'tax invoice' have the same meanings as in the A New Tax System (Goods and Services Tax) Act 1999 (the GST Law).
12.2 Where applicable, the consideration provided under this agreement is exclusive of GST unless it is expressly stated otherwise.
12.3 Where the consideration is expressed to be exclusive of GST and GST is payable by the supplier on any supply made under this agreement, the recipient will pay to the supplier an amount equal to the GST payable on the supply.
12.4 The amount payable, if any, under clause 12.3 shall be paid at the same time and in the same manner that the consideration for the supply is paid or provided under this agreement. However, any such amount payable need not be paid until such time as the supplier issues a valid tax invoice to the recipient.
12.5 Where the recipient of a supply under this agreement has an adjustment event that decreases the amount of GST that the recipient is required to remit to the Commissioner of Taxation, the supplier shall issue to the recipient an adjustment note in accordance with the GST Law within 14 days of becoming aware of the need to make the adjustment.
12.6 This clause will continue to apply after expiration or termination of this Agreement.
13. Privacy
13.1 The Cricket Club collects the information of Members for the purposes of processing applications and administering its products and services.
13.2 Unless the Member advises The Cricket Club otherwise, The Cricket Club will provide the Member with information about offers related to being a Member which The Cricket Club believes will be of particular relevance and interest to a Member.
13.3 Unless the Member advises The Cricket Club otherwise, The Cricket Club may also provide a Member's information to sponsors and/or companies associated with The Cricket Club for the purpose of providing the Member with offers and information.
14. Inconsistency
14.1 These Terms and Conditions will prevail to the extent that they are inconsistent with any other material provided in addition to these Terms and Conditions.
15. Amendments
15.1 The Cricket Club may amend these Terms and Conditions to comply with any requirement from time to time of the NSW Government. All amendments will be posted on The Cricket Club website.
16. Sydney Cricket Ground and Sydney Football Stadium By-laws
16.1 Membership will be granted subject to any applicable provisions having the force of law under the Sydney Cricket and Sports Ground Act 1978 and by-laws made under that Act or other applicable legislation relating to the SCG or other venues.
17. Definitions
17.1 In this document, unless the context otherwise requires:
Applicant means the person or body corporate completing the Membership Application Form.
Application means an offer for a membership seat made by an Applicant pursuant to the Terms and Conditions.
Code of Conduct means the code of conduct published by The Cricket Club governing the Membership, including the use of the Membership Seat and Facilities by Members and their transferees.
Cricket NSW means the NSW State Association which governs cricket in NSW.
Cricket NSW Matches means other cricket matches organised by Cricket NSW and played at any venue in NSW, including those at the SCG not classified as Major Cricket Events.
Facilities means the private dining area situated at the back of the Bradman Stand and the designated food and beverage outlets for the use of Members.
Major Cricket Events means all test matches and one day internationals and all New South Wales four day and one day matches played at the SCG during the 2006/2007, 2007/2008, 2008/2009 and 2009/2010 cricket seasons.
Member means a member of The Cricket Club.
Member Function means private functions organised for Members including pre-Test Match breakfasts or other like functions.
Membership means membership of The Cricket Club.
Membership Card means the card given to Members used as proof of Membership and to allow access to the benefits of Membership.
Membership Application Form means the form titled 'The Cricket Club Membership Application 2006'.
Membership Period means the period commencing on the date the Successful Applicant receives notice of acceptance into The Cricket Club and expiring at the end of the 2009/2010 international and domestic cricket season, or on June 30 2010, whichever comes first.
Membership Seat means a personal seat licence granted to a Member over a specific seat in the top deck of The Bradman Stand at the SCG for the duration of the Membership Period.
Resale Conditions means the terms and conditions governing the resale and any other dealings with any of the rights of Membership.
Resale Fee means a fee of $500 plus GST, as increased by The Cricket Club from time to time.
SCG means the Sydney Cricket Ground located at Moore Park, Sydney.
Seating Plan means the plan of the seats in the top deck of The Bradman Stand, SCG shown in Annexure A, as attached to these Terms and Conditions.
Successful Applicant means an Applicant who has been accepted for Membership.
Terms and Conditions means the terms and conditions governing the Application process and Membership as set out in this agreement, and as amended by The Cricket Club from time to time.
The Cricket Club means Cricket NSW in relation to the grant of rights of Membership and includes Sports and Entertainment Limited (ACN 078 727 938) (SEL) and Insite Organisation Pty Ltd (ACN 100 442 331) (Insite) as its managers. SEL and Insite act solely in the capacity as agents of Cricket NSW.
Supplementary terms: One-Year Memberships
1. Membership Period
1.1 The Membership Period of the One-Year Membership means the period commencing on the date the Successful Applicant receives notice of acceptance into The Cricket Club and expiring at the end of the 2007/2008 international and domestic cricket season, or on 30 April 2008, whichever comes first.
1.2 Members with One-Year Membership will be able to attend all Major Cricket Events, and enjoy all other benefits of Membership (other than priority bookings for the Member's private dining room), for the duration of their Membership Period.
2. Renewal Option
2.1 Within 30 days after the end of the One-year Membership Period, Members may elect to renew their Membership for a further one-year period.
2.2 The Membership Fee for renewing a Membership for a further One-Year period is $1250 (exclusive GST)
3. Seating Allocation
3.1 The Cricket Club has set aside a portion of the seats in the top deck of The Bradman Stand, SCG for One-Year and Two-Year Memberships. Seats for One-Year and Two-Year Memberships will be allocated on the best available Membership Seat or group of seats within this portion of seats. See Annexure A. Seating plan of the top deck of The Bradman Stand at the SCG.
4. Resale Of Membership
4.1 The rights of resale set out in clause 7 do not apply for a One-Year Membership.
Supplementary Terms: Two Year Memberships
Membership Period
1.1 The Membership Period of the Two-Year Membership means the period commencing on the date the Successful Applicant receives notice of acceptance into The Cricket Club and expiring at the end of the 2008/2009 international and domestic cricket season, or on 30 April 2009, whichever comes first.
1.2 Members with Two-Year Membership will be able to attend all Major Cricket Events, and enjoy all other benefits of Membership (other than priority bookings for the Member's private dining room), for the duration of their Membership Period.
2. Renewal Option
2.1 Within 30 days after the end of the Two-year Membership Period, Members may elect to renew their Membership for a further two-year period.
2.2 The Membership Fee for renewing a Membership for a further One-Year period is $1,250 (exclusive GST)
3. Seating Allocation
3.1 The Cricket Club has set aside a portion of the seats in the top deck of The Bradman Stand, SCG for One-Year and Two-Year Memberships. Seats for One-Year and Two-Year Memberships will be allocated on the best available Membership Seat or group of seats within this portion of seats. See Annexure A.
Annexure A:
Seating plan of the top deck of The Bradman Stand at the SCG.
