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Booking Fees and Payment Schedules
For those members who signed 1 January 2015, instalment payment options will be due as follows:
3 Year Membership
1st instalment 31 October 2014
2nd instalment 30 April 2016
5 Year Membership
1st instalment 31 October 2014
2nd instalment 30 April 2016
3rd instalment 31 October 2017
Terms and Booking Fees
Memberships requested after 1 January 2015 will commence upon receipt of first instalment. All invoices are to be paid within 14 days of receipt.
|(All figures GST inclusive)||Term (years)||Booking Fee|
1.1 In these Rules, unless the context otherwise requires:
- "Business Day" means every day that registered trading banks are open for business in Wellington.
- "Bowl" means the exterior seating area surrounding the playing arena at the Stadium accessed by Aisles 1-36 and directly from the Stadium Clubroom.
- "Clean" means free of any and all advertising, signage and/or promotion and/or branding material or logos or names and without constraint or limitation as to the exercise or implementation by the user or host of any Internationally Significant Event, and free of any rights or activities or occupiers or incumbents or lounge, club or facilities access (including but not limited to the Stadium Club, Stadium Clubroom, Stadium Lounge, and Stadium Gallery) which in any way compete with, limit, hinder, or detract from the full exercise of the commercial rights of any user in connection with the Internationally Significant Event.
- "Commencement Date" means 1 January 2015.
- "Entry Conditions" means all the policies, statements, notifications, information, rules and conditions of entry to the Stadium as published or notified by the Trust from time to time.·
- "Event" means a match, concert or other event or function held at the Stadium other than a Private Function.·
- "Event Day" means each day on which an Event is held at the Stadium.·
- "Foundation Member" means a person who was a full financial member of the Stadium Membership Club up to and including 30 November 2013, and who will remain a full financial member of the Stadium Membership Club and shall continue to make full payment to the Trust for all monies due to the Trust, up to and including to 31 December 2014.·
- "Guest" means any person who is given access to the Members' Facilities at the invitation of a Member or with the leave of the Trust and who purchases a Guest Package from the Trust for an Event but for the avoidance of doubt does not include persons who hold a"Privilege Pass".·
- "Guest Package" means a guest package which is available for purchase, and which may include any combination of an entry ticket, an access pass to the Stadium Lounge, Stadium Clubroom and Stadium Gallery and/or a dining voucher, as offered for sale by the Trust for an Event in the Trust's sole discretion from time to time.·
- "Internationally Significant Event" means any special event or tournament of international significance held or hosted at the Stadium (including but not limited to Commonwealth and Olympic Games, World Cup events, and any other special international events or tournaments) as specified by the Trust.·
- "Member" means a person admitted to any of the categories the Stadium Membership Club, pursuant to these Rules.·
- "Member's Card" means the card issued to each Member and Privilege Pass Holder referred to in Clause 5.1.·
- "Member's Card Replacement Fee" means the administration fee set by the Trust from time to time which is payable by a Member or a Privilege Pass Holder to the Trust for the replacement of a lost Member's Card.·
- "Members' Facilities" means the Stadium Clubroom, the Stadium Gallery, the Stadium Lounge and the Members' Tiered Seats.·
- "Members' Tiered Seats" means the seating area within the Stadium Gallery or the Stadium Lounge on Level 4 of the Stadium.·
- "Membership" means membership of the Stadium Club in any one of the three categories more particularly described in Schedule 1, Part 1 or such other category as the Trust in its discretion may establish from time to time.·
- "Membership Fee" means the fee payable for a Membership or the fee payable for a Privilege Pass, as appropriate.·
- "Membership Term" means the term of Membership held by a Member in accordance with the relevant category of Membership, or the term of a Privilege Pass held by a Privilege Pass Holder, which are more particularly described in Schedule 1.·
- "Non-Sporting Event" means any Event other than a Sporting Event and excluding any Internationally Significant Event.·
- "Private Function" means any event or function held at the Stadium which is not open to the public or to Members.·
- "Privilege Pass" means a guest pass which has the rights and benefits set out in Schedule 1, Part 2.·
- "Privilege Pass Holder" means the holder of a Privilege Pass.·
- "Rugby Test" means any international rugby match between different national rugby teams which is held at the Stadium.·
- "Rules" means these Stadium Membership Club Rules, and includes the Schedules as amended from time to time.·
- "SANZAR" means South African, New Zealand and Australian Rugby, representing the Boards of the Rugby Unions of South Africa, New Zealand and Australia.·
- "Sporting Event" means any Event which the Trust, in its absolute discretion, determines is a sporting event and which is held at the Stadium, but excluding any internationally Significant Events as specified by the Trust.·
- "Stadium" means the stadium currently known as the Westpac Stadium at Waterloo Quay, Wellington and includes all areas inside the entry gates to the Stadium and including the Fran Wilde Walkway, entry gates and carparks but excluding all areas subject to a tenancy or lease.·
- "Stadium Memberships Club" means the Members' club at the Stadium constituted by these Rules.·
- "Stadium Clubroom" means the area on Level 3 of the Stadium designated by the Trust from time to time as a Members' lounge.·
- "Stadium Gallery" means the area on Level 4 of the Stadium designated by the Trust from time to time for Members' dining.·
- "Stadium Lounge" means the area or areas on Level 4 of the Stadium designated by the Trust from time to time as a Members' lounge.·
- "Stadium Members' Line" means the dedicated telephone line for Members' ticketing and dining reservations.·
- "Super 15 Rugby" means the Super Rugby competition operated by SANZAR and currently known as the "Super 15".·
- "Ticket" means a ticket issued by the Trust or an Event promoter for an Event granting a person admission to the Stadium to attend that Event.·
- "Transfer Date" means the date referred to in Clause 4.6.·
- "Transfer Fee" means the administration fee set by the Trust from time to time, which is payable by a Transferring Member upon transferring his, her or its Membership pursuant to Clause 4.·
- "Transfer Notice" means a Transfer Notice referred to in Clause 4.3, in the form set out in Schedule 2, or in such other form as prescribed by the Trust from time to time.·
- "Transferee Member" means a person to whom a Transferring Member wishes to transfer his, her, or its Membership.·
- "Transferring Member" means a Member wishing to transfer his, her or its Membership pursuant to Clause 4.3.·
- "Trust" means The Wellington Regional Stadium Trust Incorporated.·
- "Trust's Payment Terms" means the payment terms upon which the Trust offers Memberships or Privilege Passes for sale, or requires payment of any other monies from Members or Privilege Pass Holders as determined from time to time by the Trust, such Trust Payment Terms to be communicated by these Rules, or in such other manner as the Trust may deem appropriate.
1.2 In these Rules, unless the context otherwise requires:
- A reference to a Clause includes a reference to that Clause as varied from time to time.
- Words, including defined terms, importing the singular, import the plural and vice versa, and references to gender include references to all genders.
- The expression "person" includes a statutory authority, incorporated or unincorporated body, and an individual.
- When any word or phrase is given a defined meaning, any other part of speech or grammatical form in respect of such word or phrase has a corresponding meaning.
Clause headings are inserted for convenience only and shall be ignored in construing these Rules.
These Rules replace and supersede all previous publications and correspondence from, and representations made by the Trust and shall prevail in the event of conflict. Notwithstanding the foregoing however, in the event of any conflict between these Rules and the Entry Conditions, the Entry Conditions shall prevail.
These Rules and all benefits conferred by these Rules shall come into force and take effect from the Commencement Date.
2.1 The Stadium Membership Club shall be open to any person, business or entity, subject to payment in full of the purchase price for Membership in accordance with the terms of sale offered by the Trust at the time of purchase. The Trust has sole discretion to accept or decline an application for Membership. Upon acceptance of the application and payment of the purchase price in accordance with the Trust's Payment Terms, the applicant shall be deemed a Member of the Stadium Membership Club, and deemed to have accepted these Rules.
2.2 The classes of Membership of the Stadium Membership Club and the privileges and benefits of each class of Membership are more particularly described in Schedule 1, Part 1.
2.3 The term of each Membership shall be a period commencing from the later of the Commencement Date or the date of notification to the Member that the application for Membership is accepted by the Trust and expiring on the relevant anniversary date of the Membership Term.
2.4 There shall be no limit on the number of Memberships held by a Member.
2.5 The maximum number of Memberships in any category shall be limited at the discretion of the Trust. However, the Trust shall be entitled at any time to increase the total number of Memberships available at its discretion provided that the Trust reasonably believes that additional Members will not unreasonably interfere with or limit the enjoyment by Members of their privileges and benefits. All new Memberships shall be issued on the terms of sale offered by the Trust at the time of purchase as determined by the Trust at its absolute discretion.
2.6 The Trust shall also be entitled, if it considers it appropriate to do so, to reduce the total number of Members by buying back or redeeming Memberships from Members wishing to dispose of them.
2.7 Any Member which is a company or other organisation shall nominate a person in the company or organisation who is to be responsible for the Membership from time to time and shall notify the Trust in writing of such nomination and any changes thereto throughout the Membership Term.
3. MEMBERSHIP PRIVILEGES
3.1 Subject to these Rules, each Member shall be entitled to the privileges and benefits referred to in this Clause 3 and in Schedule 1 in accordance with the class of Membership that the Member holds, provided that, in relation to a Non-Sporting Event, the Member first purchases a Ticket.
3.2 Each Member acknowledges and agrees that there may be Internationally Significant Events held or hosted at the Stadium during the Membership Term which require the Stadium to provide a Clean venue. Notwithstanding anything within these Rules or elsewhere to the contrary, each Member acknowledges and agrees that he, she or it shall not be entitled to or provided with any Membership access, rights, privileges, benefits or facilities for the period advised by the Trust in relation to any internationally Significant Event.
3.3 The Trust, in its sole discretion, shall be entitled to close any of the Stadium Lounge, Stadium Clubroom, or Stadium Gallery as the Trust considers appropriate or necessary, or based on the Trust's assessment of the likely level of Member patronage for any particular Event.
3.4 Stadium Lounge, Clubroom and Gallery
Subject to these Rules, in particular Clauses 3.1, 3.2, 3.3 and 3.9, and Schedule 1,
a. Member shall have access to the Stadium Lounge, Stadium Clubroom and Stadium Gallery for all Events.
b. During Events the Stadium Lounge, Stadium Clubroom and Stadium Gallery shall, subject to Clauses 3.1, 3.2, 3.3, 3.9 and 3.10, be made available for the use of Members, Privilege Pass Holders and Guests only.
c. All food and beverages shall be supplied at the cost of Members and Guests.
3.5 Disabled Seating
A disabled or infirm Member may, if desired, permanently reserve a Member's Tiered Seat for the Events that they are entitled to attend in accordance with that Member's rights as set out in Schedule 1 and otherwise within these Rules and in such case the Member shall relinquish any allocated seat they may have otherwise been entitled to in accordance with their Membership as set out in Schedule 1. In such cases, the Member's Tiered Seat will be identified as being permanently allocated to that Member.
3.6 Admission to Events. Members will have free admission to their allocated or unreserved seat for those Events that the Member is entitled to attend in accordance with the Member's rights as set out in Schedule 1 and otherwise within these Rules.
3.7 Preferential Booking Privileges
- Subject to Clause 3.7 (b), the Trust shall endeavour to provide Members with a preferential booking privilege for each Non-Sporting Event, enabling that Member to book a Ticket ahead of the public in any part of the Stadium available to the public. The Ticket price payable by Members will be the price payable for Tickets to equivalent seats (as determined by the Trust or Event promoter) on sale to the general public, provided the Trust or promoter may at its discretion offer Tickets at a cheaper price to Members.
- The preferential booking privilege is always subject to there being sufficient lead time to provide a Members' preferential booking period prior to a Non-Sporting Event. If that is not practicable for any particular Non-Sporting Event, the Trust may in its discretion decline to offer the preferential booking privilege to Members for that Non-Sporting Event. Notwithstanding this, the Trust shall exercise reasonable endeavours to ensure that the preferential booking privilege is available for as many Non-Sporting Events as possible.
- The terms and conditions for preferential booking for each Non-Sporting Event or series of Non-Sporting Events shall be determined by the Trust from time to time at its discretion. The Trust shall be entitled to determine whether for any Non-Sporting Event or series of Non-Sporting Events, the privilege shall be extended to entitle a Member to book more than one seat for each Membership held.
3.8 Other Privileges and Benefits
Members shall also receive such other privileges and benefits as the Trust shall arrange in the Trust's sole discretion and subject to change from time to time.
3.9 Alterations, Repairs or Maintenance - The Trust shall be entitled to make alterations, and/or undertake repairs and maintenance to the Members' Facilities at any time in the Trust's sole discretion, and the Trust shall be entitled to close any of the Members' Facilities to enable the Trust (and/or the Trust's contractors) to carry out such alterations, repairs or maintenance in the Trust's sole discretion.
3.10 Other Persons - The Trust invite or may permit selected corporate organisations and/or other individuals to have access to and use of the Members' Facilities as Guests during Events in the Trust's sole discretion. Any such invitees or Guests permitted to use the Members' Facilities shall be required to adhere to these Rules as applicable.
4. TRANSFER OF MEMBERSHIP
4.1 Members may transfer or assign that Member's Membership in accordance with this Clause 4. Any Member who also holds a Privilege Pass shall upon the transfer of their Membership also transfer their Privilege Pass in accordance with this Clause 4.
4.2 All transfers of Membership (and any Privilege Pass) shall be subject to the prior written approval of the Trust, which shall not be unreasonably withheld. A Member shall not transfer, assign, dispose of or change that Member's Membership (and any Privilege Pass), or any interest in such Membership (and/or Privilege Pass), except in accordance with the Rules.
4.3 A Member wishing to transfer or assign that Member's Membership (and any Privilege Pass) ("the Transferring Member") shall give notice to the Trust by way of a Transfer Notice or in such other form as the Trust may prescribe. The Transfer Notice shall be accompanied by the Member's Card(s) and payment of the Transfer Fee.
4.4 The Trust shall within 10 Business Days of receiving the Transfer Notice, Transfer Fee and Member's Card(s) advise the Transferring Member whether or not it approves the proposed transfer. No proposed transfer will be accepted by the Trust in relation to a Member who has any outstanding monies payable to the Trust.
4.5 The Trust may decline to deal with any Transfer Notice that is not signed by the Transferring Member and the Transferee Member, nor accompanied by the Member's Card(s), Transfer Fee or otherwise completed incorrectly or incompletely.
4.6 Unless the Trust agrees otherwise with the parties, a Membership (and any Privilege Pass) shall be deemed to have transferred to a Transferee Member on the later of the following ("the Transfer Date"):
- the date of the written notice of approval by the Trust of the Transfer Notice; or
- payment of the Transfer Fee and any other monies outstanding or payable to the Trust by the Transferring Member; or
- the transfer date contained in the Transfer Notice.
4.7 Upon a transfer of Membership, the Trust shall after the Transfer Date issue to the Transferee Member a new Member's Card(s).
5. MEMBER'S CARD
5.1 The Trust shall issue to each Member and Privilege Pass Holder a Member's Card identifying that Member or Privilege Pass Holder. The Member and Privilege Pass Holder shall keep the Member's Card safe at all times, and shall immediately notify the Trust if it is misplaced or lost. Each Member or Privilege Pass Holder shall pay the Member's Card Replacement Fee for any replacement Member's Card that the Trust reissues.
5.2 A Member and a Privilege Pass Holder may allow another person to enjoy the privileges and benefits of that Member's Membership or the Privilege Pass in place of the Member or Privilege Pass Holder for a particular Event; provided that the other person carries the Member's Card and complies with these Rules as if that person were a Member or Privilege Pass Holder.
5.3 It shall be the responsibility of each Member and Privilege Pass Holder to ensure that any person using the Member's Card or a Guest pass as a Member's Guest understands and complies with these Rules.
5.4 The Trust shall be entitled to require that the Member's Card or Guest pass be displayed on the person at all times when a Member, Privilege Pass Holder or Guest is using the Members' Facilities.
5.5 The Trust shall be entitled to withhold any privileges or benefits (including admission to the Stadium and/or any of the Members' Facilities) to a Member, Privilege Pass Holder or Guest not carrying and displaying on request the Member's Card or Guest pass.
5.6 Where a Member transfers Membership in accordance with these Rules, the Member's Card (and any Privilege Pass) issued to the Transferring Member shall be surrendered and cancelled and a new Member's Card shall be issued in the name of the Transferee Member in accordance with Clause 4.7.
5.7 The Member's Card shall at times remain the property of the Trust or its nominated sponsor, and shall be used in accordance with these Rules and the Entry Conditions.
6. GENERAL OBLIGATIONS OF MEMBERS
6.1 Dress - Each Member, Privilege Pass Holder and Guest shall, when using the Members' Facilities, maintain an appropriate standard of dress specified by the Trust from time to time at its discretion.
6.2 General Behaviour
- No Member, Privilege Pass Holder or Guest shall at any time when using the Members' Facilities behave in a manner that is contrary to the law, contrary to these Rules or contrary to the Stadium's Entry Conditions, does not comply with the Ticket terms and conditions in relation to any Event, is noisy, offensive, harmful or causes nuisance, offence or disturbance to others present or to an Event.
- If the Trust in its absolute and sole discretion considers any Member, Privilege Pass Holder or Guest is acting in breach of Clause 6.2(a) it may, without limitation, require the Member, Privilege Pass Holder or Guest forthwith to leave the Stadium or the Members' Facilities and/or to forfeit his, her or its Ticket or Tickets.
No Member, Privilege Pass Holder or Guest shall, except with the prior written permission of the Trust, permit the Members' Facilities to be used for the purposes of journalism, sports reporting, photography, radio broadcasting, television or film recording or video taping of any kind, either live or delayed, but this shall not prevent the bona fide taking of photographs, filming or video recording for private and amateur purposes when permitted by the Trust or the promoter of an Event.
6.4 Follow Directions
Each Member, Privilege Pass Holder and Guest shall comply with and follow the reasonable requirements, directions and policies of the Trust (including any of the Trust's staff or contractors, and/or the caterers, Event promoters, or security personnel engaged at the Stadium, or any other person acting with the lawful authority of the Trust) in relation to the use of the Members' Facilities and any other matter associated with Membership and use of or entry to the Stadium.
Each Member, Privilege Pass Holder and Guest shall indemnify the Trust from and against any claim in respect of any loss, injury or damage to the Member's, Privilege Pass Holder's or a Guest's property or person occurring whilst the Member, Privilege Pass Holder or the Guest is at the Stadium.
- The Trust will employ caterers to carry out the catering in the Members' Facilities. Unless otherwise determined by the Trust, those caterers shall be responsible for the catering for the whole of the Stadium. The Trust shall take reasonable steps to ensure that the standard of the catering service provided by the caterers is of an appropriate quality. However the Trust shall be under no obligation or liability to any Member, Privilege Pass Holder or Guest for any failure by the caterer or caterers to meet those standards or to comply with any arrangements made with that Member, Privilege Pass Holder or Guest or to provide a catering service at any time.
- The cost of all catering for a Member, Privilege Pass Holder or a Guest at the Stadium (including the supply of beverages) shall be borne by that Member, and Privilege Pass Holder or Guest and paid for at the time of supply, unless otherwise agreed with the Trust or the caterers in advance.
6.7 Not Cause Damage - Each Member, Privilege Pass Holder and Guest shall use the Members' Facilities and all fixtures and fittings in the Stadium for the purposes for which they are intended and shall indemnify the Stadium from and against damage to them caused by the wilful or negligent acts or omissions of that Member, Privilege Pass Holder or Guest.
6.8 Pay Debts - Each Member, Privilege Pass Holder and Guest shall promptly pay all accounts for goods or services rendered to that person in accordance with the Trust's Payment Terms.
6.9 Glass, Cans and other Dangerous Items - Each Member, Privilege Pass Holder and Guest shall comply with the reasonable directions or requirements of the Trust (including any of the Trust's staff or contractors, and/or the caterers, Event promoters, or security personnel engaged at the Stadium, or any other person acting with the lawful authority of the Trust) in relation to the carrying or possession of glass, cans or other dangerous items in the Stadium.
6.10 Hours - The Trust may, in its sole and absolute discretion, regulate the hours during which Members, Privilege Pass Holders and Guests shall be entitled to use the Members' Facilities on Event Days, and shall endeavour to notify Members, Privilege Pass Holders and Guests prior to the Event of any areas which will not be available. The Trust shall also be entitled to decline access to the Members' Facilities (or any of them) on any occasion in the interests of safety or to maintain order or for any other reason in the Trust's sole and absolute discretion.
6.11 No Smoking - Smoking is not permitted anywhere in the Stadium at any time except in areas designated as smoking areas by the Trust (if any).
7. PAYMENTS TO THE TRUST
7.1 All payments shall be made in accordance with the Trust's Payment Terms.
7.2 No Membership or Privilege Pass shall commence until payment is received by the Trust in accordance with the Trust's Payment Terms.
7.3 In the event of any default in payment of any monies due to the Trust, including any instalment of the Membership Fees, the Trust reserves all those rights set out in these Rules including Clauses 8.1(a), 8.7 and 15, and any other rights at law.
7.4 Where a booking fee is payable as a condition of an application for Membership, and such application is successful, the booking fee shall, if paid, be applied in part payment of the Membership Fee and if payable by instalments shall be deducted from the first instalment.
7.5 All payments made by credit card shall incur a credit card payment fee.
8. CESSATION OF MEMBERSHIP
8.1 A Member and a Privilege Pass Holder shall, subject to clause 8.7, cease to be a Member or Privilege Pass Holder by termination of his, her or its Membership or Privilege Pass:
- if the Member or Privilege Pass Holder has failed to pay to the Trust any monies payable to the Trust when due or has otherwise failed to comply with the Trust's Payment Terms and such failure continues for a period of not less than 10 Business Days after notice has been given by the Trust to the Member or Privilege Pass Holder demanding payment and specifying the consequences if the Member or Privilege Pass Holder fails to pay;
- subject to Clause 8.2, if the Member or Privilege Pass Holder resigns by giving notice to the Trust;
- upon a transfer of his, her or its Membership or Privilege Pass, pursuant to Clause 4;
- if the Stadium is damaged or destroyed and notice of termination is given by the Trust to the Member or Privilege Pass Holder in accordance with Clause 10.1;
- if the Member, Privilege Pass Holder or any Guest of the Member or Privilege Pass Holder is guilty of misconduct in accordance with Clause 8.3 and notice of termination is given by the Trust to the Member in accordance with Clause 8.4; or
- at the expiry of the term of Membership.
8.2 If a Member or Privilege Pass Holder gives notice in accordance with Clause 8.1(b), such notice shall only be valid if the Member or Privilege Pass Holder has paid in full all monies payable or due to become payable in accordance with that Member's Membership or Privilege Pass.
8.3 A Member or Privilege Pass Holder shall be guilty of misconduct entitling the Trust to terminate Membership by notice to the Member if the Member, Privilege Pass Holder or any Guest of the Member or Privilege Pass Holder:
- is guilty of conduct in the Stadium which in the sole discretion of the Trust (which shall be final) is unacceptable conduct and continues or persists with such conduct for a period of at least one month after notice has been given by the Trust to the Member or Privilege Pass Holder specifying the misconduct complained of and requiring the Member, Privilege Pass Holder or the Guest to desist from such conduct; or
- is guilty of misconduct sufficiently serious as to warrant immediate termination, as determined by the Trust in its sole and absolute discretion.
8.4 In the event of either of the instances referred to in Clause 8.3 occurring, the Trust may immediately terminate the Membership of the Member or the Privilege Pass by notice of termination to the Member or Privilege Pass Holder.
8.5 The Trust may in its sole and absolute discretion terminate any or all of the other Memberships or Privilege Passes held by any Member found guilty of misconduct pursuant to Clause 8.3, if that Member holds more than one Membership, and/or a Membership and Privilege Pass.
8.6 Without limiting the generality of Clause 8.3(a), conduct giving rise to termination of Membership and/or a Privilege Pass may include persistent failure to pay any account when due to the Trust or to the caterer at the Stadium or to any other organisation connected with the Stadium.
8.7 Pending the Trust's resolution of any issues relating to a Member's, Privilege Pass Holder's or a Member's Guest's alleged misconduct or as an alternative to the termination of Membership pursuant to Clause 8.1(a) or 8.4, the Trust may suspend the Member's Membership, the Privilege Pass, and the privileges and benefits thereof for such period and on such terms as the Trust may determine in its sole and absolute discretion, and Clauses 8.5, 8.6 and 8.8 shall apply for such period of suspension as if it were a termination.
8.8 The Trust shall not be liable to any Member, Privilege Pass Holder or Guest for any loss caused to that Member, Privilege Pass Holder or Guest by any termination of Membership(s), or Privilege Pass(es) pursuant to Clauses 8.1, 8.4 or 8.5 or any suspension of Membership pursuant to Clause 8.7.
9. NO LIABILITY ON TERMINATION OF MEMBERSHIP
9.1 Upon termination of any Membership or Privilege Pass, the Trust shall have no liability to refund to the Member or Privilege Pass Holder the purchase price paid by the Member or Privilege Pass Holder for that Membership or Privilege Pass or to compensate the Member or Privilege Pass Holder in any way.
9.2 No Member or Privilege Pass Holder whose Membership or Privilege Pass has been terminated shall be entitled to transfer the Membership pursuant to Clause 4.
10. DAMAGE OR DESTRUCTION OF THE STADIUM
10.1 If the Stadium or any part thereof is damaged or destroyed by fire, earthquake, storm or other cause, and is so damaged as to render it impracticable in the opinion of the Trust (which it shall be entitled to form at its discretion without having to give reasons therefor) to reinstate it, then each Membership or Privilege Pass shall cease as from the date notice of such damage or destruction and termination of such Membership or Privilege Pass is given by the Trust to the Member or Privilege Pass Holder, and the Trust shall have no further liability to the Member or Privilege Pass Holder.
10.2 If the Stadium is damaged but not in such a way as to render it impracticable in the opinion of the Trust to reinstate it, then the Trust shall, subject to obtaining all necessary statutory and regulatory approvals and subject to the rights of mortgagees (if any), forthwith with all reasonable speed, arrange for such damage to be repaired. The Members' and Privilege Pass Holders' privileges and benefits shall be suspended for such period and on such terms as are considered appropriate by the Trust, while the repairs are carried out. In carrying out the repairs, the Trust shall not be bound to expend any more than the amount of insurance monies received by it.
11. ALTERATION OF RULES
11.1 The Trust may at any time in its sole and absolute discretion alter these Rules. The Trust will use its reasonable endeavours to notify Members and Privilege Pass Holders of such alterations to these Rules.
11.2 The Trust shall be entitled to alter the name of the Stadium Members' club and names of the Members' Facilities from time to time.
12.1 Any notice given by the Trust to Members shall (unless otherwise stated in these Rules) be in writing and shall be deemed to be sufficiently given if sent by pre-paid post or delivered or sent by email to the address last given by the Member to the Trust, or in relation to a corporate, to its Registered Address or Address for Service.
13. REGISTER OF MEMBERS
13.1 A register of Members may be kept by the Trust containing the names, addresses, telephone and email addresses of all Members and the date of commencement of Membership in each case.
13.2 Each Member, by virtue of that Member's application for Membership and acceptance of these Rules, consents to the Trust, subject to compliance with the Privacy Act 1993, using or releasing any information held by it concerning that Member for any purposes connected with the Stadium or which the Trust believes is in the interests of Members.
13.3 It is the responsibility of Members to advise the Trust of any changes to that Member's contact details as soon as possible.
14.1 All matters affecting the rights and obligations of the Members which are not dealt with by these Rules may be determined by the Trust.
14.2 Any act which may be done by the Trust may also be done by an employee or agent of the Trust authorised for that purpose by the Trust.
14.3 A copy of these Rules (as amended from time to time) shall be available on the Trust's website (http://www.westpacstadium.co.nz/) and shall be open to the inspection of Members at the Stadium during normal office hours on Business Days.
15. PENALTY INTEREST
15.1 If a Member defaults in payment of any monies payable to the Trust pursuant to these Rules, then the Member shall on demand pay default interest to the Trust on the monies so unpaid at the rate of 12 percent per annum from the due date for payment until the date of actual payment. Acceptance of interest shall be without prejudice to any other remedies of the Trust pursuant to these Rules or otherwise at law or in equity.
16. LIABILITY OF TRUSTEES
16.1 The liability of the trustees of the Trust in any matter connected with the Stadium or these Rules and the Stadium Club shall at all times be limited to the assets of the Trust from time to time in their hands as trustees.
Membership Terms & Conditions
The applicant applies for Stadium Club Membership at the Westpac Stadium on the following terms:
- The applicant acknowledges having read and accepted all the terms and conditions contained in the Offer of Membership ("the Offer") and the Membership Rules ("the Rules") as amended from time to time and agrees to be bound by them.
- An application for membership shall be accompanied by a booking fee and or first instalment which the applicant acknowledges and agrees is non-refundable.
- The applicant agrees to pay the balance (if applicable) of the purchase price for the membership(s) on the dates and in the manner provided for in the Offer.
- The applicant acknowledges that the application will not bind the applicant and the Trust until it is accepted in writing by the Trust and the booking fee has been paid in full.
- The applicant acknowledges that personal information provided to or collected or obtained by the Trust, whether in this application or otherwise, may be held, used or disclosed by the Trust for the following purposes:
a) to enable this application to be processed;
b) processing any communications with the applicant;
c) administration of the applicant's membership;
d) conducting surveys and internal research for purposes associated with membership of the Stadium Club;
e) to comply with all statutory and legal requirements.
f) any other purpose reasonably connected with the Westpac Stadium or which the Trust believes is in the interests of members.
g) and the applicant consents to the use of his/her/its personal information for any of the above purposes. The applicant has the right under the Privacy Act 1993 to obtain access to and request correction of all personal information held by the Trust concerning the applicant.
The Trust reserves the right to accept or decline any application.
(For existing members only) The applicant acknowledges that acceptance of the application for membership by the Trust is conditional upon the applicant remaining a full financial member of the Stadium Membership Club up to and including 31 December 2014.