The Mark Taylor Club - Cricket NSW Membership Program
Terms and Conditions at 3 September 2013
The Mark Taylor Club proposes to grant a Membership which will entitle Members to a personal seat in front of the Club SCG Room on Level 6 of the Clive Churchill Stand at the Sydney Cricket Ground (SCG), Moore Park, Sydney for all International cricket matches played at the SCG and equivalent seating for International cricket matches played at Sydney Olympic Park for the term of the membership. Mark Taylor Club members also receive General Admission entry for themselves and one (1) guest to all Domestic cricket matches hosted by Cricket NSW for the term of the membership.
Membership of The Mark Taylor 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.
1. The Mark Taylor Club
1.1 Each Member will be allocated one of the 100 seats located immediately in front of the Club SCG Room on Level 6 of the Clive Churchill Stand at the SCG, in the area shown on the Seating Plan. Comparable seating and facilities will also be allocated at Sydney Olympic Park and details of their location will be advised. Seating at other venues for Cricket NSW Matches will be in general admission seating unless otherwise notified by Cricket NSW.
1.2 Membership entitles each Member for the Membership Period, or any other person on behalf of the Member in accordance with clause 1.5, the right to:
- enter the SCG and enjoy use of the Membership Seat allocated to them at all International Cricket Events at no additional charge;
- use the Facilities at the SCG at all International Cricket Events;
- access for the member and one (1) guest to all Cricket NSW Domestic Matches played at any venue within New South Wales at no additional charge.
1.3 The Facilities may from time to time not be available for Cricket NSW Matches that are not classified as Major Cricket Events. The Mark Taylor 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 The Mark Taylor 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.
1.4 Notwithstanding clause 1.3, if a Major Cricket Event is scheduled to be played but then cancelled for reasons other than bad weather, The Mark Taylor Club may decide to reimburse Members a portion of their Membership Fee, the amount to be determined by The Mark Taylor Club in its absolute discretion.
1.5 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 1.6.
1.6 In clause 1.5 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
(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.
1.7 Children under the age of 6 are not permitted in the Mark Taylor Club or Club SCG Room. If a Mark Taylor Club member would like to bring a child aged 6 years and over with them, they are able to do so if;
- The member has more than 1 Mark Taylor Club membership card (ie: has purchased more than 1 membership or borrows the card off another Mark Taylor Club member who is not attending on the same day), that the child can use to access the ground and the Club SCG Room
- The child must sit in their own seat and not on the lap of the accompanying adult.
- The child must abide with the dress code and all other relevant terms and conditionsApplications for The Mark Taylor Club
2. Applications for the Mark Taylor Club
2.1 An Applicant may be a body corporate or a natural person.
2.2 The Mark Taylor Club will only consider Applications where the Applicant has completed the Membership Application Form and lodged it with The Mark Taylor Club.
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 Cricket NSW will notify Successful Applicants in writing that they have been accepted as a Member.
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 Mark Taylor Club, and credit card payments should include all relevant details and authorisations. Credit card transactions will impose a 1.5% administration charge.
3.2 The Membership Fee is current as at 1 June 2013 and The Mark Taylor Club reserves the right to alter the Membership Fee from time to time. Once your membership has been confirmed and paid for as specified in the Supplementary Terms the membership fee cannot be altered.
4. Acceptance of Offer
4.1 The Mark Taylor 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 Mark Taylor Club in writing to the Successful Applicant by prepaid post, fax or email.
4.3 Following acceptance into The Mark Taylor Club, and prior to the start of the International cricket season, 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 Club SCG Room on Level 6 of the Clive Churchill 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 Mark Taylor 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 payment of Membership Fee.
5.3 Annexure A shows where the seating for the Mark Taylor Club is located at the SCG.
5.4 The Membership Seat allocations may be modified by The Mark Taylor Club, in its discretion, to take account of any special access requirements of a Successful Applicant.
5.5 Cricket NSW reserves the right to utilise any available seating in the Mark Taylor Club facility that is not occupied by a Mark Taylor Club member.
6. Group Allocation Policy
6.1 The Mark Taylor Club will make all reasonable efforts to ensure that a group of Applicants is seated together where requested. However, The Mark Taylor Club does not guarantee that every group of Applicants will be allocated Membership Seats together when so requested.
6.2 The Mark Taylor 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 Resale of Membership is not permitted under any circumstances. Breach of this condition may result in the membership being cancelled immediately. As set out in clauses 1.5 and 1.6(a) The Mark Taylor Club is fully transferable for use by other parties as designated by a valid member.
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
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.
9.1 The Mark Taylor 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 Mark Taylor 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.
10.1 The Mark Taylor 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 Mark Taylor 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 Mark Taylor 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 and lost Membership Card replacement fees.
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.
13.1 The Mark Taylor 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 Mark Taylor Club otherwise, The Mark Taylor Club will provide the Member with information about offers related to being a Member which The Mark Taylor Club believes will be of particular relevance and interest to a Member.
13.3 Unless the Member advises The Mark Taylor Club otherwise, The Mark Taylor Club may also provide a Member's information to sponsors and/or companies associated with The Mark Taylor Club for the purpose of providing the Member with offers and information.
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.
15.1 The Mark Taylor 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 Mark Taylor 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, rules and regulations relating to the SCG or other venues including Sydney Olympic Park.
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 Mark Taylor 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 Club SCG Room and its facilities including dining area, bar and lounge.
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 2013/14 and 2014/15, cricket seasons, as well as Twenty20 Internationals played at Sydney Olympic Park Homebush.
Member means a member of The Mark Taylor Club.
Membership means membership of The Mark Taylor Club.
Membership Card means the card given to Members used as proof of Membership and to allow access to the benefits of Membership.
Membership Fee means a one off payment of $6950 plus GST per membership
Membership Application Form means the form titled ‘The Mark Taylor Club Membership Application 2010.
Membership Period means the period commencing on the date the Successful Applicant receives notice of acceptance into The Mark Taylor Club and expiring at the end of the 2014/15 international and domestic cricket season, or on June 30, 2015, whichever comes first.
Membership Seat means a personal seat licence granted to a Member over a specific seat immediately in front of the Club SCG Room on Level 6 of the Clive Churchill Stand at the SCG for the duration of the Membership
SCG means the Sydney Cricket Ground located at Moore Park, Sydney.
Seating Plan means the plan of the seats in front of the Club SCG Room on Level 6 of the Clive Churchill Stand of the SCG shown in Annexure A, as attached to these Terms and Conditions.
Sydney Olympic Park is equal to Sydney Olympic Park Homebush
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 Mark Taylor Club from time to time.
The Mark Taylor Club means Cricket NSW’s membership program 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 140 706 369 ) (Insite) as its managers. SEL and Insite act solely in the capacity as agents of Cricket NSW.
Click here to download a copy of these Terms and Conditions.