6.1 Costs

6.1.1 The Hirer will pay all of Eventfinda Stadium's debt collection costs and its legal costs (on a solicitor/client basis) of, and incidental to, the enforcement or attempted enforcement of Eventfinda Stadium's rights, remedies, and powers under this Agreement.

6.2 Civil Defence Emergency

6.2.1 The Hirer acknowledges and agrees that if the Venue is an emergency welfare centre for Civil Defence purposes, and a civil defence emergency occurs, the Venue in part or in its entirety may be required for use as an emergency welfare centre without notice. In that case the Hirer will vacate the Hire Area and the Venue immediately without any right to compensation except that any payments made on account of the Hire Fee will be refunded to the Hirer.

6.3 Major Events Take Precedence

6.3.1 Eventfinda Stadium reserves the right at its discretion to either cancel the Event or use reasonable endeavours to move the Event to an alternative date should Eventfinda Stadium require the Hire Area for a Major Event in line with its Booking and Bumping Policy.

6.3.2 Where this clause 21 applies, no compensation is payable by Eventfinda Stadium but any payments made on account of the Hire Fee or Service Charges will be either:

1. applied by Eventfinda Stadium towards the cost of the Event on an alternative date; or
2. refunded to the Hirer if the Event is cancelled.

6.4 Termination

6.4.1 Eventfinda Stadium may immediately terminate this Agreement either in whole or in part by notice in writing to the Hirer, if:

1. the Hirer fails to pay any sum of money payable to Eventfinda Stadium under this Agreement by the Due Date;
2. the Hirer makes any incorrect or misleading statement to Eventfinda Stadium that Eventfinda Stadium considers, acting reasonably, is material to this Agreement, or fails to disclose any proposed activities, performances or displays that may reasonably be considered to be offensive to members of the general public;
3. Eventfinda Stadium (acting reasonably) considers there is a real likelihood of material damage to the Venue at any time as a result of the Event or as a result of booking the Event;
4. the Hirer has breached this Agreement or is in default under this Agreement and, in cases where the breach or default can be remedied, the breach or default is not remedied within 10 Business Days from the date Eventfinda Stadium has notified the breach or default and requested the Hirer to remedy such breach or default;
5. the Hirer enters into any arrangement, composition or assignment with its creditors or becomes unable to pay its debts as they fall due;
6. any secured creditor of the Hirer goes into possession of any business or undertaking of the Hirer either by itself or by any agent or any Receiver is appointed over any business or undertaking by the Hirer, if the Hirer (being a natural person) has an order of bankruptcy made against him or her, if an application for the liquidation of the Hirer (being a company) is made or there is a resolution or requirement that the Hirer be put into liquidation.

6.4.2 No termination (in whole or part) will affect the Hirer's liability to pay any money under this Agreement. Any Deposit paid will not be refunded by Eventfinda Stadium if it terminates this Agreement under this clause 18. In addition to any other remedies available to Eventfinda Stadium, the Hirer will be liable to Eventfinda Stadium for the amount of:

1. any Service Charges in accordance with the provisions of clause 13;
2. any decrease in the amount of any Hire Fees achieved by Eventfinda Stadium from any substitute hirer of the Venue for the Hire Period or any part of it;
3. any Losses suffered by Eventfinda Stadium; and
4. any Sponsorship Payment made to the Hirer prior to termination.

6.4.3 On termination under this clause 18 the Hirer will immediately remove all the Hirer's property, vacate the Venue and immediately deliver to Eventfinda Stadium all property belonging to Eventfinda Stadium.

6.4.4 The Hirer will have no entitlement to claim Losses from Eventfinda Stadium as a result of termination under this clause or cancellation where clauses 20 and 21 apply.

6.4.5 Termination will be without prejudice to Eventfinda Stadium's right to recover the Hire Fee and other money payable by the Hirer under this Agreement and without prejudice to the rights of either party against the other in respect of an earlier breach of any of the provisions contained or implied in this Agreement.

7.1 Compliance with Eventfinda Stadium's Specific Requirements

7.1.1 The Hirer will ensure that the use of the Hire Area by the Hirer and those persons for whom the Hirer is responsible, comply with:

1. the terms of this Agreement; and
2. any policies, procedures, guidelines and rules set out by Eventfinda Stadium relating to the use, occupation, safety, services and security of the Venue, of which the Hirer will be (or has been) provided a copy; and
3. all directions or requests of Eventfinda Stadium or any emergency services.

7.1.2 The Hirer must adequately supervise and control all Patrons and ensure that only persons subject to the discretion and control of the Hirer are given access to the Hire Area. Eventfinda Stadium may at its discretion set security and appropriate behaviour standards or levels of supervision for the Event as set out in Schedule 2, and may direct that the Hirer engage additional security or the assistance of the New Zealand Police to achieve those standards or levels of supervision.

7.1.3 The Hirer must not, in, adjacent, or near to the Venue during the Hire Period, without the prior approval in writing of Eventfinda Stadium:

1. hawk, sell, dispose of or supply any goods or services whatsoever;
2. bring or permit to be brought in any animal (except registered guide dogs);
3. alter, move or remove any fixture, fitting or furnishing;
4. collect any money;
5. conduct any game of chance, or mixed chance and skill, sweepstake or lottery without the necessary permits;
6. bet or wager, or permit any person to bet or wager;
7. erect any marquee, hut, stall or similar structure or do so contrary to any condition imposed by Eventfinda Stadium;
8. bring or permit to be brought in any dangerous goods including glass containers, which will only be permitted in the Venue's function rooms. Eventfinda Stadium will have the right to confiscate any glass containers;
9. bring or permit to be brought in any confetti;
10. apply or permit to be applied any chalk, resin, talcum powder or any other substances to the Venue's floor or walls.

7.1.4 The Hirer must liaise with Eventfinda Stadium's nominated engineer no later than 14 days before the Event regarding any load to be applied to the roof of the Venue and must, before the Event, secure the approval of the Venue's engineers for the Hirer's intended use of the roof and comply with any requirements imposed by Eventfinda Stadium's nominated engineer.

7.1.5 The Hirer acknowledges the load limitation criteria of the Venue as follows:

1. any items to be attached to the roof must be approved by the nominated engineer at cost to the client. Plans for all roof fixings including weight and location must be submitted to the Stadium no less than 21 days prior to the first event day.
2. once approved by the nominated engineer, all instructions of the nominated engineer must be followed by the Hirer or Eventfinda Stadium may terminate the event without penalty.

7.1.6 The Hirer acknowledges that non-compliance with the limitations above or any requirements imposed by Eventfinda Stadium's nominated engineer could result in catastrophic roof failure.

7.2 Legal Compliance

7.2.1 The Hirer must at all times comply with all applicable New Zealand laws, bylaws, regulations, codes, standards, liquor licensing, and resource consents (including without limitation the Venue Resource Consent, all licences for public assembly, and in relation to noise control).

7.2.2 Without limiting the scope of this clause 23 the Hirer will:

1. comply with the no-smoking policy in the Venue;
2. comply with the fire safety evacuation scheme for the Venue;
3. comply with the Health & Safety in Employment Act 1992 and any regulations made under it and any policies/guidelines of Eventfinda Stadium related to health and safety;
4. comply with the relevant requirements of the Sale and Supply of Alcohol Act 2012, and any liquor licence obtained for the Event;
5. obtain as necessary and comply with any resource consent/s required or issued for the Event;
6. comply with the District Plan guidelines for noise during the Event and any noise restrictions which apply to the Venue;
7. comply with any relevant hygiene and care requirements if animals are involved in the Event;
8. copyright laws.

7.2.3 The Hirer is liable for all costs and expenses of complying with this clause 23.

7.2.4 Copies of all licences, permits, consents or certificates must be provided to Eventfinda Stadium not less than 10 Business Days before the Pack-in Date.

7.3 Acknowledgement and Warranties

7.3.1 By signing this Agreement, the Hirer warrants that the Event and the Agreed Use of the Venue are accurately described.

7.3.2 The Hirer warrants that the Venue will not be used for performance or activity that is:

1. of an objectionable nature;
2. in breach of reasonable standards of public decency;
3. likely to create a nuisance; or
4. likely to bring Eventfinda Stadium into disrepute.

7.3.3 Eventfinda Stadium reserves the right to cancel any performance or activity immediately upon written notice where in the opinion of Eventfinda Stadium, acting reasonably, such performance or activity is objectionable, in breach of reasonable standards of public decency, likely to create a nuisance, or is likely to bring Eventfinda Stadium into disrepute.

7.4 No Inducements

7.4.1 The Hirer warrants to Eventfinda Stadium that no form of inducement or reward has been or will be directly or indirectly provided to any of Eventfinda Stadium's staff or representatives.

7.5 No Representations by Eventfinda Stadium

7.5.1 The Hirer is deemed to have inspected the Venue and to have become adequately acquainted with the Venue, its equipment, and the Services.

7.5.2 The Hirer acknowledges that Eventfinda Stadium has made no representation concerning the adequacy or appropriateness of the Venue, its equipment, and/or the Services for the Hirer's purposes or the Event.

7.6 Use of Venue, Property, and Storage at Hirer's Risk

7.6.1 Use and occupation of the Venue by the Hirer is at the Hirer's own risk in all cases.

7.6.2 Eventfinda Stadium, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or loss, theft, or removal of any property brought or left by any person (including the Hirer) in any part of the Venue, including any cloakroom or dressing room. The Hirer indemnifies Eventfinda Stadium, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal, or any loss sustained by any person in consequence of such damage, theft, or removal.

7.6.3 Goods and/or equipment stored by the Hirer at the Venue outside of the Hire Period may incur a storage fee and any associated fees (such as, but not limited to, moving fees) as determined by Eventfinda Stadium.

7.7 Insurance

7.7.1 For all Events, the Hirer will obtain and maintain (and will produce to Eventfinda Stadium not later than 10 Business Days before the Pack-in Date evidence of) public liability insurance for not less than $5,000,000 with an insurance company approved by Eventfinda Stadium.

7.7.2 The policy must include Eventfinda Stadium as a named insured party and the officers, agents, and contractors of Eventfinda Stadium will be endorsed so that the underwriters waive their rights of recourse on Eventfinda Stadium and the officers, agents, and contractors of Eventfinda Stadium.

7.7.3 The Hirer acknowledges it is an essential term of this Agreement that the Hirer complies with this clause 28 and Eventfinda Stadium will be entitled to prevent the Hirer's Event from occurring at the Venue until the Hirer has complied with this clause.

7.8 Liability

7.8.1 The Hirer will be liable to Eventfinda Stadium for any Losses arising as a result of:

1. the Hirer not complying with any matter set out in clause 22;
2. the Hirer's acts or omissions or the acts or omissions of a Patron or any person for whom the Hirer is responsible; and
3. the Hirer's failure or the failure of a Patron or any person for whom the Hirer is responsible to comply with any provision of this Agreement, rules, or policies set out by Eventfinda Stadium.

7.9 Alterations & Decorations

7.9.1 The Hirer must not make nor allow to be made any alterations or additions to any part of the Venue nor hang any items from the walls or ceiling (including, without limitation, decorating the Venue) or install any electrical or mechanical device without first obtaining the written consent of Eventfinda Stadium.

7.9.2 Eventfinda Stadium will inspect the Venue the next Business Day after the Hire Period ends to assess any damage. The Hirer may arrange a representative to be present during this inspection.

7.9.3 If any damage is identified during the inspection pursuant to clause 30.2, such damage will be repaired by Eventfinda Stadium's contractor, to the maximum extent necessary to rectify the damage and put Eventfinda Stadium in the condition it was in immediately prior to the commencement of the Hire Period but for fair wear and tear, at the Hirer's sole cost.

7.9.4 The cost of making good any resulting damage to the Venue or Services to the Venue will be payable by the Hirer in addition to any other money payable under this Agreement.

7.10 Defects

7.10.1 The Hirer will give to Eventfinda Stadium prompt notice, as soon as reasonably possible, of any incident which occurs, or any defect in the Venue of which the Hirer becomes aware.

7.11 Hire of Equipment

7.11.1 If agreed between Eventfinda Stadium and the Hirer (as recorded in the Key Terms), Eventfinda Stadium will rent the Equipment to the Hirer for the Rental Term at the Rent and otherwise as set out in this Agreement, including the Equipment Rental Terms.

7.12 Equipment Return and Reinstatement

7.12.1 The Hirer must ensure that any tools or other equipment (including the Equipment) used during the Hire Period is returned to the place it was found at the commencement of the Hire Period.

7.12.2 The Hire Area (including all buildings and structures, internal and external, walls, grass, hard surfaces, and any equipment) must be reinstated by the Hirer at its sole cost to at least the condition it was in immediately before the Hire Period commenced. All reinstatement must be completed within the Hire Period, after which time Eventfinda Stadium may complete reinstatement on the Hirer's behalf and at the Hirer's cost.

7.13 Sponsorship

7.13.1 The Hirer must discuss any third party sponsorship requirements for the Event with Eventfinda Stadium.

7.13.2 The Hirer must not enter into sponsorship arrangement for the Event:

1. that would be materially detrimental or inconsistent with the goodwill or reputation of Eventfinda Stadium and/or the Venue's image; and/or
2. that Eventfinda Stadium determines (acting reasonably) is in conflict with or may prejudice any existing or prospective sponsorship arrangements of Eventfinda Stadium.

7.13.3 If Eventfinda Stadium and the Hirer agree that Eventfinda Stadium will support the Event by providing sponsorship, as detailed in the Key Terms, then the Sponsorship Terms are deemed to apply.

7.14 Electricians / Electrical Devices and Leads

7.14.1 The Hirer will ensure that:

1. its electrical contractors comply with the requirements of Eventfinda Stadium; and
2. any electrical devices used at the Venue are used in a manner which complies with Eventfinda Stadium's requirements, and the Hirer will indemnify Eventfinda Stadium for any Losses which occur as a result of a breach of this clause.

7.15 Representatives

7.15.1 The Hirer must confirm the name and contact details of the Hirer's Representatives to Eventfinda Stadium on signing of this Agreement. The Hirer's Representatives must have the authority to direct any and all of the Hirer's employees, agents, contractors or invitees, must be contactable by Eventfinda Stadium at all times during the Hire Period and must be at the Venue during the Event and have authority to authorise Event-related expenses.

7.16 Hirer's Publication and Venue Images

7.16.1 The Hirer acknowledges that the high quality and accuracy of the Hirer's Publications and the proper, correct use of the Venue Images are important to the continuing success of Eventfinda Stadium, the Venue, and events conducted there, and to the reputation and image of Eventfinda Stadium and the Venue and its facilities. Accordingly, the Hirer agrees:

1. not to use or distribute any Hirer's Publications containing Venue Images unless they are first approved by Eventfinda Stadium;
2. to ensure that the Hirer's Publications show any approved Venue Images accurately, without any abbreviations or other representations in substitution for them;
3. that if the Hirer proposes to sell or issue tickets for the Event, to include in all promotional material containing Venue Images any detail Eventfinda Stadium reasonably requires (such as the Venue opening hours and a map showing the location of the Venue);
4. to ensure that any person for whom the Hirer is responsible complies with sub-clauses (a) -- (c) inclusive.

7.16.2 Eventfinda Stadium agrees to act reasonably when asked for its approval in relation to any matter contemplated by this clause 37 and to treat as confidential any material given to Eventfinda Stadium for its approval.

7.17 Copyright Works

7.17.1 In using the Venue, Venue Images, and Hirer's Publications, the Hirer will not infringe or breach any copyright or permit or allow any copyright to be infringed by any person for whom the Hirer is responsible. The Hirer will obtain and comply with the terms of any licence required from any holder of copyright which is required for the Event or for any performance related to the Event.

7.17.2 The Hirer indemnifies Eventfinda Stadium against any Losses resulting from the Hirer or any person for whom the Hirer is responsible for breaching the obligations stated in this clause.

7.18 Broadcasting and Filming

7.18.1 The Hirer will not make (or permit the making of) any audio and/or audio visual recording and it will not grant broadcasting or filming rights related to Event without the prior written consent of Eventfinda Stadium. Eventfinda Stadium may impose conditions and requirements on the Hirer incidental to the giving of consent under this clause. Cameras may be brought into and used inside the Venue for private (but not commercial) purposes.

7.18.2 In the event that the Hirer (with consent of Eventfinda Stadium) grants broadcasting or filming rights in relation to an Event it must ensure that the entity (Third Party Broadcaster) to which those rights are granted is made aware of and agrees to the Broadcaster Internet Access Terms. The Hirer will be jointly and severally liable for any breach of the Broadcaster Internet Access Terms by the Third Party Broadcaster.

7.18.3 Eventfinda Stadium will not be responsible for any consequences arising from any matter contemplated by this clause 39 (including allegations of breach of privacy or infringement of intellectual property by a third party) and the Hirer will indemnify Eventfinda Stadium for any Losses suffered in connection with any matter contemplated by this clause 39.

7.19 Performing Rights

7.19.1 The Hirer is solely responsible for obtaining all necessary consents from all persons interested in the copyright or performing rights of any work or matter used by the Hirer. The Hirer will indemnify Eventfinda Stadium if Eventfinda Stadium suffers Losses as a result of the Hirer or any person for whom the Hirer is responsible breaching the terms of this clause.

7.20 Communications/Statements

7.20.1 The Hirer will not make any announcements, publicity, statements or disclosures about any matter related to this Agreement, including, without limitation, Eventfinda Stadium, Eventfinda Stadium's staff, contractors or service providers, the Venue and its facilities, except in a form and manner acceptable and approved by Eventfinda Stadium or as may be required by law.

7.20.2 Before the Hirer communicates with any neighbours of the Venue, the information to be provided must be approved by Eventfinda Stadium and Eventfinda Stadium reserves the right to have that information and communication sent by Eventfinda Stadium itself (as opposed to the Hirer), and to be present in any meetings between the Hirer and any neighbours of the Venue.

7.20.3 Despite anything else in this Agreement, Eventfinda Stadium reserves the right to provide the Hirer's details to any industry, regulatory or law enforcement authority in connection with any aspect of the Event as it sees fit.

8.1 Eventfinda Stadium's Access to and Control of the Venue

8.1.1 Eventfinda Stadium is entitled to enter the Venue at any time (without notice) for any reasonable purpose related to Eventfinda Stadium's business (but not to attend the Event as a Patron). Such access will be carried out without undue interference with the Hirer's use of the Venue.

8.1.2 Eventfinda Stadium has its own Venue security pass which all Eventfinda Stadium's staff associated with operating the Venue during the Event will wear at all times. Alternatively, the Hirer can provide Eventfinda Stadium with the relevant Event passes free of charge for its staff during the Event.

8.1.3 The Hirer will ensure that all gate and security staff are aware of the relevant passes and arrange for the appropriate free access for Eventfinda Stadium.

8.1.4 Despite anything else in this Agreement, Eventfinda Stadium specifically reserves the right to:

1. enter every part of the Venue including the Hire Area at any time and to refuse admission to, or remove from, the Venue or the Hire Area any Patron or person; and/or
2. close the Venue or the Hire Area for the purpose of ensuring the safety of those present. If Eventfinda Stadium closes the Venue or the Hire Area for this purpose, any charges payable by the Hirer will be determined in the sole discretion of Eventfinda Stadium.

8.2 Duty Manager

8.2.1 Eventfinda Stadium will provide a Duty Manager during the Hire Period. The Duty Manager represents Eventfinda Stadium and oversees use of the Venue during the Event. The Hirer must comply with all requests made by the Duty Manager.

8.2.2 If Eventfinda Stadium (acting reasonably) considers that there are any conditions in relation to the Event or associated with the Event which are unsafe or which could cause harm it will inform the Hirer or the Hirer's Representatives and immediate action will be taken by the Hirer to rectify the concern.

8.2.3 If the Duty Manager considers that the action taken by the Hirer is inadequate then the Duty Manager may, at the Hirer's expense, remove Patrons, other people, vehicles or any other property from the Venue, or refuse any Patron or person access to the Venue. The Duty Manager is also responsible for completing a site inspection before opening the Hirer's Event to the public. If an area is found to be unsafe such area cannot be opened to the public until it has been made safe.

8.2.4 Any difficulties the Hirer has with Eventfinda Stadium's safety procedures must be discussed before the Pack-in Date.

8.3 Emergency procedures take priority over all other arrangements

8.3.1 Eventfinda Stadium may, at the Hirer's cost, require any Patron or person or Patrons or group of people to leave the Event or may terminate the Event if a situation arises or is likely to arise that in the opinion of the Duty Manager (acting reasonably):

1. will unreasonably impede or adversely affect the enjoyment of other people at or around the Venue, or put people at risk;
2. will cause loss or damage to the Venue or any property or is likely to do so;
3. will breach any term of this Agreement or any law or bylaw; or
4. where Patrons are intoxicated, unruly, or violent.

8.3.2 The provision of a Duty Manager does not limit or reduce the Hirer's responsibilities or liability under this Agreement.

8.4 Parking

8.4.1 For all Public Events, Eventfinda Stadium will manage the on-site parking for the Event and may charge a fee for public parking on-site and Eventfinda Stadium will be entitled to retain as its revenue all fees charged. Event staff may park at no charge on presentation of the correct parking accreditation.

8.4.2 If:

1. Eventfinda Stadium does not charge a fee; or
2. the costs associated with the management of the parking exceed the total fees received by Eventfinda Stadium,

then Eventfinda Stadium will charge to the Hirer the costs (or the balance of such costs as applicable) of management of the on-site parking.

8.4.3 For Private Events Eventfinda Stadium may choose whether it manages the parking on-site or whether it will require the Hirer to do so. If Eventfinda Stadium requires the Hirer to manage the parking on-site then the Hirer will follow Eventfinda Stadium's reasonable directions and all policies, procedures or guidelines of Eventfinda Stadium relating to the same.

8.4.4 Vehicles must not be parked and bicycles must not be left in any of the exit ways of the Venue. Eventfinda Stadium, its officers, and agents will not under any circumstances be responsible to the Hirer or any other person for damage to, or the loss, theft or removal of, any vehicle or bicycle (including those of the Hirer). The Hirer indemnifies Eventfinda Stadium, its officers, and agents from and against all claims, demands, actions, and proceedings in respect of any such damage, loss, theft, or removal or any loss sustained by any person that suffers the consequence of such damage, theft, or removal.

8.5 Cleaning & Waste Management

8.5.1 Eventfinda Stadium has exclusive rights to all commercial cleaning of the Venue. The Venue will be cleaned thoroughly after the Event and all costs of cleaning will be on-charged to the Hirer as part of the Service Charges if stated in the Key Terms or otherwise as specified in this Agreement.

8.5.2 The Hirer acknowledges that if, as a result of the Event or the Hirer's hire of the Venue, the Venue requires additional cleaning services, more than the usual cleaning service required, as reasonably determined by Eventfinda Stadium in their sole discretion, then Eventfinda Stadium reserves the right to charge an additional amount reflecting the additional costs and expenses incurred by Eventfinda Stadium related to the additional cleaning services.Continue21:41< /p>

8.6 Publicity

8.6.1 Subject to Eventfinda Stadium complying with relevant privacy laws and any reasonable requirements of the Hirer (including Eventfinda Stadium obtaining releases from any person who will be recorded or photographed), where the Event is a Public Event, Eventfinda Stadium reserves the right to record and/or photograph any Public Event for its own historical records and for its own publicity purposes.

8.7 Signage

8.7.1 The Venue has specific locations for any signage to be placed. The Hirer must not affix, paint, or exhibit any name, sign, name-plate, signboard, or advertisement of any description within, on or to the Venue without the prior written approval of Eventfinda Stadium. For this purpose the Hirer will submit a proposal for any such display (including sponsor and wayfaring signage) to Eventfinda Stadium for its approval including a copy of the proposed sign, notice or advertisement. Use of Venue signboards is subject to availability. Incorrect details on signage may result in the Hirer having to replace signage with the correct name or details at the Hirer's cost.

8.8 Redevelopment of the Venue

8.8.1 Eventfinda Stadium may undertake redevelopment of the Venue without reference to the Hirer. The licence granted to the Hirer under this Agreement does not give the Hirer any rights in relation to the Venue other than the rights specifically provided in this Agreement. Such redevelopment may involve building demolition and/or construction and the closure of parts of the Venue or access restrictions during the Hire Period.

8.8.2 Eventfinda Stadium will advise the Hirer of any development that may affect the Event.

8.9 Destruction or Damage to the Venue

8.9.1 If the Venue or any portion of the buildings, car parks or grounds which form part of the Venue will be destroyed or so damaged as to render the Venue unusable in the opinion of Eventfinda Stadium then the licence for the Event affected will immediately terminate, without affecting the application of this Agreement for future Events. Any termination under this clause will be without prejudice to the rights of either party against the other. The provisions of clause 18 do not apply to termination under this clause 51.

8.10 Claims against Eventfinda Stadium/Eventfinda Stadium's Liability

8.10.1 Eventfinda Stadium will not be responsible to the Hirer for any act, omission, default or neglect of any other hirer, tenant, licensee, service provider, contractor, agent, representative or Patron of the Venue.

8.10.2 The Hirer agrees that it cannot make a claim against Eventfinda Stadium and/or Eventfinda Stadium's employees and/or representatives unless the claim is made before the date falling 20 Business Days following the Pack-out Date.

8.10.3 The Hirer agrees that Eventfinda Stadium's liability under this Agreement is at all times limited to an amount equivalent to the Hire Fee paid, or in cases where this Agreement relates to multiple Events the Hire Fee payable in relation to the first Event. The benefit of this provision also applies to each of Eventfinda Stadium's employees and representatives.

8.11 Eventfinda Stadium's Reserved Tickets

8.11.1 If the Event is a Public Event then, the Hirer will, free of charge, provide Eventfinda Stadium with the number of Reserved Tickets specified as Eventfinda Stadium's Reserved Tickets in the Key Terms.

8.11.2 If the number of Eventfinda Stadium's Reserved Tickets is not stated in the Key Terms, the parties will agree before the Event the number of Eventfinda Stadium's Reserved Tickets to the Event. In all cases the parties will agree the seating location for Eventfinda Stadium's Reserved Tickets before the Event.

8.11.3 Eventfinda Stadium will be entitled to sell Eventfinda Stadium's Reserved Tickets at its discretion and retain the whole of the proceeds from sale of such tickets.

8.11.4 The parties will act reasonably in relation to the matters contemplated by this clause 53. In the case where the parties cannot agree, clause 57 will apply.

8.12 Hosting

8.12.1 If the Event is a Public Event, then unless otherwise specified in the Key Terms Eventfinda Stadium is entitled to host guests in a room within the Venue determined by Eventfinda Stadium (after consultation with the Hirer) before, during and after the Event.

9.1 Assignment

9.1.1 Eventfinda Stadium may assign this Agreement or any part of its interest in this Agreement, but the Hirer may not assign, transfer, novate, mortgage or charge the Hirer's interest in this Agreement, sub-license or grant any other person any rights in respect of the Venue or this Agreement.

9.2 GST Clause

9.2.1 All amounts stated in this Agreement are exclusive of Goods and Services Tax ("GST"). The Hirer will pay all GST payable in relation to any fees, charges or other amounts payable by the Hirer under this Agreement and GST will be paid by the Hirer when any fees, charges or other amounts are due for payment by the Hirer under this Agreement. Where any GST is not paid by the Hirer in accordance with this clause the Hirer will pay Default GST. It will not be a defence to a claim against the Hirer for payment to Eventfinda Stadium of Default GST that Eventfinda Stadium failed to mitigate Eventfinda Stadium's loss by not paying an amount of GST when it fell due under the Goods and Services Tax Act 1985.

9.2.2 For the purposes of this clause, "Default GST" means any interest, or late payment penalty, or other sum imposed on Eventfinda Stadium under the relevant taxation legislation by reason of non payment of the GST payable in respect of the supply made under this Agreement but does not include any such sum levied on Eventfinda Stadium by reason of default by Eventfinda Stadium after payment of the GST to Eventfinda Stadium by the Hirer.

9.3 Disputes

9.3.1 If a party believes that there is a dispute in relation to this Agreement, it will first notify the other party in writing giving details of the dispute. The dispute will then be promptly referred to a senior representative of each party for resolution. Pending resolution of the dispute, both parties will continue to perform all their obligations under this Agreement.

9.3.2 If the dispute remains unresolved 15 Business Days after the meeting of senior representatives referred to above, then within a further 5 Business Days the senior representatives will try to agree a process for resolving the dispute, such as further negotiations, mediation, independent expert determination, or mini-trial, but no arbitration or litigation.

9.3.3 Nothing in this clause 57 will prevent any party commencing any legal proceedings for injunctive relief.

9.4 Notices

9.4.1 Anything required to be given in writing under this Agreement must be in writing and delivered personally to the recipient or be posted to the recipient at the address or email address stated in the Key Terms or as designated by the recipient in writing to the other from time to time.

9.4.2 Anything sent is deemed to be received:

1. if sent by post the next Business Day after posting;
2. if delivered by hand, on delivery;
3. if sent by email, one hour after the email is sent unless a return email is received by the sender within that one-hour period stating that the email address is wrong or that the message cannot be delivered.

9.5 Survival

9.5.1 The rights and obligations of the parties under this Agreement which by their nature extend beyond the expiry or termination of this Agreement and in particular any right to damages, remain in effect beyond such expiry or termination until fulfilled and are enforceable by the parties' administrators, successors and assigns.

9.6 Waiver

9.6.1 No delay or failure to act is a waiver. No waiver is effective unless it is in writing. A waiver of a breach is not a waiver of any other breach.

9.7 Governing Law

9.7.1 This Agreement will be exclusively governed and construed according to the laws of New Zealand.

9.8 Force Majeure

9.8.1 Either party to this Agreement may be excused from performing its obligations under this Agreement to the extent it is prevented from doing so because of an event of Force Majeure and will not be held liable for any loss of income or costs incurred by the other party. An obligation to pay money is never excused by a Force Majeure event.

9.8.2 If either party wishes to claim the benefit of an event of Force Majeure, it will give the other party prompt written notice of the event, and specifying the effect on this Agreement. The parties' obligations will resume on the cessation of the event of Force Majeure and the parties will negotiate in good faith any adjustments required to take account of the event of Force Majeure.

9.8.3 If a party fails substantially to meet an essential obligation under this Agreement continuously for one month as a result of a Force Majeure event despite meeting all its obligations under this clause, the other party may give one months' notice terminating this Agreement.

9.9 Amendments/Variations

9.9.1 Subject to any express clause in this Agreement to the contrary, no amendment or variation to this Agreement is effective unless it is in writing and signed by all parties.

9.10 Entire Agreement

9.10.1 The Agreement constitutes the entire agreement of the parties about its subject matter and any previous agreements (whether written or oral), representations, conditions or warranties on that subject matter will cease to have effect.

9.11 Implied Terms and Conditions Excluded

9.11.1 The parties agree that to the fullest extent permitted by law, no warranties or guarantees or other terms are to be implied into this Agreement, including under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or otherwise.

9.12 Paramountcy

9.12.1 If there is any conflict between these General Terms and Conditions, the Event Plan and the Schedules, the documents in the following order will take precedence:

1. the Event Plan;
2. the Key Terms;
3. each Schedule (and any other specific terms of hire detailed within those Schedules); and then
4. the General Terms and Conditions.

9.13 Relationship between the Parties

9.13.1 Nothing in this Agreement will create any partnership, joint venture, agency or trust relationship between the parties, and a party may not make, or allow to be made, any representation that such relationship exists between the parties. A party will not have the authority to act for, or to incur any obligation on behalf of, the other party, except as expressly provided for in this Agreement.

9.14 Signature by Company

9.14.1 If any person enters into this Agreement on behalf of an incorporated entity, then that person warrants that:

1. they have the power and authority to enter into this Agreement on behalf of that entity;
2. they have signed this Agreement in accordance with the constitution of the entity and any legislation governing the entity;
3. the entity has resolved to enter into this Agreement and this Agreement is binding on the entity.

9.15 Counterparts

9.15.1 This Agreement may be signed in any number of counterparts and may be exchanged by email and/or any other electronic means.

9.16 Severability

9.16.1 If any provision of this Agreement is or becomes unenforceable, illegal, or invalid for any reason then the relevant provisions will be deemed to be modified only to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provisions will be severed from this Agreement, without affecting the enforceability, legality or validity of any other provision of this Agreement.

9.17 Confidentiality

9.17.1 Except as expressly provided for in this Agreement, each party agrees at all times to treat as strictly private and confidential all information supplied by a party to the other party in relation to the subject matter of this Agreement, including the content in this Agreement, except to the extent a party can show that the information entered into the public domain other than as a result of a breach by that party of this clause 71.

9.17.2 In carrying out the obligations of this Agreement either of the parties may disclose to the other party confidential or commercially sensitive information ("Confidential Information"). The parties must at all times keep confidential, treat as privileged, and not directly or indirectly make or allow any disclosure or use to be made of any Confidential Information, except to the extent:

1. required by law;
2. necessary to obtain the benefit of, or to carry out obligations under, this Agreement but for no other purpose whatsoever; or
3. that the information is or becomes available in the public domain without breach by any of the parties of their confidentiality obligations under this clause or at law; or
4. that the parties to this Agreement otherwise agree in writing.

9.17.3 In addition to any other remedy that Eventfinda Stadium may have under this Agreement, in the event that the Hirer breaches clause 71 Eventfinda Stadium may claim Losses or other damages from the Hirer commensurate with the particular breach under clause 71.

9.17.4 Without limiting clause 59, this clause 71 will survive termination, cancellation, or expiration of this Agreement.

9.18 Time of the Essence

9.18.1 Time will be deemed to be of the essence in respect of all the Hirer's obligations in this Agreement.

9.19 Amendment to General Terms and Conditions

9.19.1 Notwithstanding any other provision to this Agreement, including clause 63, Eventfinda Stadium may vary or amend these General Terms and Conditions and/or any policies, procedures, guidelines and rules set by Eventfinda Stadium relating to the use, occupation, services, safety and security of the Venue provided that:

1. Eventfinda Stadium has given the Hirer written notice not less than 30 Business Days before the variation or amendment taking effect; and
2. the variation or amendment does not derogate from the rights granted to the Hirer as at the date this Agreement was executed.

1. Background and interpretation

1.1 Eventfinda Stadium (we, us, and our) partners with Kordia NZ to provide broadcast-quality internet access services on Eventfinda Stadium premises (Broadcast Services). Access to the Broadcast Services must be arranged directly with Kordia NZ.

1.2 Eventfinda Stadium also provides:

1. free wi-fi only internet access to guests, hirers and the public, intended only for non-commercial use, and which is not suitable or reliable for use for broadcast purposes (General Public Services); and
2. Eventfinda Stadium also provides a chargeable service for wired internet access to hirers, which is not suitable or reliable for use for broadcast purposes (Wired Public Services).
3. (together, the Public Services).

1.3 These Terms and Conditions (Terms) apply to any use of the Public Services for commercial purposes including but not limited to the transmission of sound, images, video or other content (Broadcast) by any person (including its employees, agents or contractors, if any) (Broadcaster).

2. Agreement

2.1 The Broadcaster acknowledges and agrees that:

1. its access to the Public Services is at all times at the discretion of Eventfinda Stadium;
2. Eventfinda Stadium may at any time reduce, throttle or terminate the bandwidth, connectivity, connection, or any other aspect of the Public Services for any reason at its sole discretion, including to prioritise its own internet usage requirements;
3. its access to the Public Services may be blocked, suspended, or terminated at any time for any reason including, but not limited to, violation of any of these Terms, and any actions that may lead to liability for Eventfinda Stadium or its Eventfinda Stadiums, disruption of access to other users or networks, and violation of applicable laws or regulations;
4. it accepts all of these Terms each time it uses the Public Services and it is its responsibility to review these Terms for any changes each time it uses the Public Services;
5. Eventfinda Stadium reserves the right to revise any of these Terms at any time.

3. Acceptable Use of the Public Services

3.1 Broadcaster access to the Public Services is conditional upon the legal, proper and responsible use of the Public Services. By using the Public Services, the Broadcaster agrees that all activities conducted online through the Public Services will not violate any applicable law or regulation or the rights of Eventfinda Stadium, or any third party.

4. Disclaimer

4.1 The Broadcaster acknowledges and accepts that:

1. the Public Services may not be uninterrupted or error-free and that there may be areas within Eventfinda Stadium premises which have reduced or no access to the Public Services;
2. Eventfinda Stadium does not guarantee the speed, frequency, bandwidth, or any other technical aspect of the connection of the Public Services;
3. that Eventfinda Stadium is only providing the Public Services. The Public Services do not contain inherent anti-virus, malware, or firewall protection any computer or other internet-connect device. The Broadcaster remains responsible at all times for the security of its device(s) and should take measures to ensure the security of its wireless connection through methods such as encryption, firewalls and anti-virus software;
4. connection to the Public Services may be subject to capacity restrictions and networking ability of its computer or internet-connected device; and
5. that the Public Services are provided on an "as is" and "as available" basis without warranties of any kind.

5. Support

5.1 In the event that the Broadcaster requests technical assistance in relation to its use of the Public Services:

1. Eventfinda Stadium may elect to provide technical assistance (Support) at its sole discretion, but does not guarantee or warrant that technical assistance will be provided or available in any instance; and
2. in the event that Eventfinda Stadium is requested to, and does, provide Support in relation to its use of the Public Services the Broadcaster agrees:
   1. that to the fullest extent permitted by law, no warranties or guarantees or other terms are to be implied into these Terms in relation to any Support provided, including under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, the Contract and Commercial Law Act 2017 or otherwise;
   2. to pay $165.00 per hour per person providing the Support on the 20th day following the month in which the applicable invoice is received from Eventfinda Stadium. In the event of late payment, Eventfinda Stadium may charge the Broadcaster interest at a rate equivalent to the RBNZ 90 day bank bill yield rate as at the date on which payment is due, calculated on a daily basis on the overdue amount.

1. Interpretation

1.1 In this agreement, these terms have the following meanings:

1. "Rental Deposit" means a deposit in the amount set out in the Key Terms.
2. "Equipment" means the equipment described in the Key Terms (including by model number and serial number) together with any additions, improvements or accessories affixed or attached to it and any replacements of it.
3. "Recovery Value" means the market value of the Equipment as determined by Eventfinda Stadium in its sole discretion and, if disputed, as determined by an independent expert with the skill and expertise in the subject matter of the dispute, whose decision will be final and binding on the parties.
4. "Rent" means the amount payable by the Hirer for the use of the Equipment as set out in the Key Terms.
5. "Rental" means the rental of the Equipment by the Hirer from Eventfinda Stadium under and subject to the Equipment Rental Terms.
6. "Rental Commencement Date" has the meaning given in the Key Terms.
7. "Rental Expiration Date" has the meaning given in the Key Terms.
8. "Rental Term" means the period set out in the Key Terms commencing from the Rental Commencement Date.

2. Rental of Equipment

2.1 Eventfinda Stadium has agreed to hire out the Equipment to the Hirer, and the Hirer has agreed to hire the Equipment from Eventfinda Stadium, for the Rental Term at the Rent and subject to the terms and conditions of the Equipment Rental Terms.

3. Rent and other payments

3.1 The Hirer must pay the Rent to the Eventfinda Stadium during the Rental Term on the dates and in the manner set out in the Key Terms.

4. Deposit for Rent

4.1 The Hirer must pay to the Eventfinda Stadium on or before the date it executes the Equipment Rental Terms, the Rental Deposit to be held and applied by the Eventfinda Stadium towards the Rent payable by the Hirer.

5. Use of Equipment

5.1 The Hirer must ensure that the Equipment is only used at the Hire Area and must not relocate the Equipment to an area outside the Hire Area without first obtaining Eventfinda Stadium's written consent.

5.2 Eventfinda Stadium is not responsible for the delivery of the Equipment or for any delay in the delivery, if applicable.

6. Custody and use of the equipment

6.1 The Hirer acknowledges and agrees that it does not have any title, right, property or interest in the Equipment, except as provided in the Equipment Rental Terms.

6.2 The Hirer agrees and undertakes:

1. to keep the Equipment under its personal control during the Term (and any holding over), as applicable;
2. not to (or attempt to) sell; dispose of; encumber; lend; assign; pledge; mortgage; on-hire; conceal; or part with possession or control of the Equipment or otherwise deal with the Equipment in any way that would adversely affect Eventfinda Stadium's ownership of the Equipment or Eventfinda Stadium's interests in the Equipment, without Eventfinda Stadium's prior written consent.
3. not to remove the Equipment from the Hire Area without the prior written consent of Eventfinda Stadium;
4. not to alter the Equipment or alter or deface any identifying number, name or mark on the Equipment;
5. to comply with all statutory, governmental and other legal requirements (including, without limitation, workplace health and safety, namely the Health and Safety at Work Act 2015), and undertakes to obtain and maintain at all times all licences, consents, permits, certifications or registrations as may be legally required, in relation to the operation of the Equipment, including relating to (without limitation):
   1. the Equipment itself;
   2. the possession and use of the Equipment;
   3. to protect the Equipment from any distress, execution or seizure and will indemnify the Eventfinda Stadium against all losses, costs, charges, damages and expenses incurred by the Eventfinda Stadium as a result of the Hirer's failure to do so.
6. to only operate the Equipment in accordance with manufacturer's instructions;
7. to maintain the Equipment in accordance with clause 7 (Maintenance and repair of equipment);
8. to use and operate the Equipment in a proper, safe and prudent manner and ensure that only duly qualified, competent and experienced persons are allowed to use and operate the Equipment;
9. to ensure that any users of the Equipment use and operate the Equipment in a proper, safe and prudent manner;
10. not to use or operate the Equipment, or permit the Equipment to be used or operated, for a purpose that is unlawful;
11. to notify the Eventfinda Stadium immediately if any person attempts to seize the Equipment;
12. to make the Equipment available for inspections, examination and testing by the Eventfinda Stadium upon reasonable prior written notice by the Eventfinda Stadium;
13. to ensure that the Equipment is at all times stored safely and protected from theft, loss or damage (as far as it is practicable);
14. to insure the Equipment to its replacement value;
15. not to cause or do or permit anything which is likely to endanger the safety or condition of the Equipment, or which would adversely affect the Eventfinda Stadium's interests in the Equipment; and
16. to use its best endeavours to do everything necessary to protect the rights of the Eventfinda Stadium in the Equipment.

6.3 The Hirer must notify all agents, servants and employees of the Hirer's obligations and undertakings in clause 6.2.

6.4 The Hirer will notify any person attempting to seize the Equipment or any part of it of:

1. that Eventfinda Stadium is the owner of the Equipment and has interest in the Equipment;
2. the extent of the Hirer's interest in the Equipment; and
3. that the Hirer is obliged to keep the Equipment under its personal control during the Term and that the Hirer is subject to the restrictions in clause 6.2(b).

7. Maintenance and repair of equipment

7.1 Except as otherwise agreed in writing by the Hirer and Eventfinda Stadium, the Hirer will, at its own cost, keep, maintain, repair, and if required replace the Equipment, so that it is in in good working order and repair, and in particular:

1. the Hirer must take all steps to keep and maintain the Equipment in the same operational condition and functionality as at the Rental Commencement Date (fair wear and tear excepted);
2. the Hirer must only use and operate the Equipment and ensure that it is only used and operated:
   1. solely for the purposes intended by the manufacturer and for the purposes of, and incidental to, the Hirer's business;
   2. in accordance with the manufacturer's specifications and the operating manual for the Equipment;
   3. in accordance with any other instructions issued by Eventfinda Stadium from time to time;
   4. in compliance with all statutory, governmental and other legal requirements (including, without limitation, codes of practice); and
   5. in a manner that is consistent with the Equipment's rated capacity and which complies with any limitations relating to the operation of the Equipment or as specified by Eventfinda Stadium from time to time;
3. the Hirer must not use or operate the Equipment, and must ensure that the Equipment is not used and operated, in a manner or for a purpose for which the Equipment was not designed or manufactured or which may compromise the operability, integrity or functionality of the Equipment;
4. the Hirer must undertake preventative maintenance and servicing to ensure its obligations under clause 7.1(a) are satisfied;
5. the Hirer must, at its own cost, comply with any specific cleaning policies and procedures notified to it in writing by Eventfinda Stadium from time to time;
6. the Hirer must ensure the Equipment is maintained in accordance with the maintenance instructions provided in any manufacturer's express warranty documentation or otherwise in a manner which does not void any manufacturer's express warranty;
7. the Hirer must ensure that no components of the Equipment are removed or exchanged except where defective and in the course of usual and proper service or replacement;
8. the Hirer must only use genuine parts to maintain the Equipment;
9. the Hirer must not use or operate the Equipment, and must ensure that the Equipment is not used and operated, when such Equipment is out of proper repair;
10. the Hirer must not overload, use or operate the Equipment, and must ensure that it is not overloaded, used or operated, in a manner which would be likely to endanger the safety or condition of the Equipment or any part of it or the safety of any person or property;
11. the Hirer must carry out all necessary daily servicing of the Equipment (including the inspection and/or the supply of all necessary tyre pressures, water, oils, grease and fuel as reasonably required as part of the daily operation of the hired equipment) to ensure that the Equipment is not in a state that will cause damage, rusting or disruption to the normal functioning of the Equipment;
12. the Hirer must maintain the good overall appearance of the Equipment (fair wear and tear excepted);
13. the Hirer must ensure that all systems and controls of the Equipment are fully operational;
14. the Hirer must replace all broken or defaced gauges or glass components of the Equipment; and
15. theHirer must not fit any attachments to the Equipment which are not approved by Eventfinda Stadium.

7.2 The Hirer will immediately notify Eventfinda Stadium in writing of any fault, defect, damage or loss suffered by the Equipment affecting its integrity, functionality or operability as soon as it is detected.

7.3 The Hirer acknowledges that it does not have any authority to pledge Eventfinda Stadium's credit or create any lien over the Equipment in respect of any repair or service costs for any reason and the Hirer agrees to advise any potential repairer of this prohibition.

7.4 The Hirer acknowledges and agrees that the Equipment may be covered by a manufacturer's express warranty and repairs to the Equipment may be effected under such warranty. In all other cases, repairs to the Equipment will be at the Hirer's cost.

7.5 If the Hirer fails to strictly comply with clause 7.1 then Eventfinda Stadium may (without any obligation to do so) effect maintenance, repairs, and replacements made necessary as a result of such failure by the Hirer and the cost of such maintenance, repairs, and replacements (which may include travel costs incurred in order for the Eventfinda Stadium to carry out the maintenance, repairs, and replacements to the Equipment) will be borne by the Hirer and be payable to Eventfinda Stadium upon demand.

8. Reservation of the Eventfinda Stadium's rights

8.1 The Hirer acknowledges and agrees that it grants to Eventfinda Stadium or its representative (as far as it is able to), at any time, upon reasonable prior written notice by Eventfinda Stadium to the Hirer (which in the case of an emergency, may be little or no notice) to the maximum extent necessary to enable Eventfinda Stadium to access the Equipment for the purposes of, amongst other things:

1. locating the Equipment;
2. affixing to the Equipment identifying plates or marks;
3. examining and testing the Equipment;
4. inspecting the state of repair and operating condition of the Equipment;
5. repairing and maintaining the Equipment;
6. removing or recovering possession of the Equipment; and
7. otherwise exercising Eventfinda Stadium's rights, powers, privileges and interests or complying with its obligations under the Equipment Rental Terms,

and Eventfinda Stadium will not be held responsible for any reasonable loss or damage occasioned to the Equipment, or otherwise sustained by the Hirer by virtue of Eventfinda Stadium exercising its rights pursuant to these Equipment Rental Terms.

8.2 The Hirer acknowledges and agrees that upon the occurrence of a default event in which Eventfinda Stadium must take action to recover possession of the Equipment, Eventfinda Stadium may, without notice, liability or legal process, enter upon or into the Hirer's premises and for that purpose may break open any gate, door or fastening in order to gain entry with the intent of recovering possession of the Equipment.

9. Limit of liability

9.1 In so far as Eventfinda Stadium may be liable notwithstanding clause 10.4 and clause 11, Eventfinda Stadium's maximum aggregate liability arising under or in connection with the Equipment Rental Terms (whether in tort (including negligence), contract or otherwise) is, and to the fullest extent permitted by law limited, at the Eventfinda Stadium's sole option, to any one of the following:

1. the replacement or cost of replacement or re-supply of the relevant Equipment or service with the same or equivalent equipment or services;
2. the repair or cost of repair of the relevant Equipment; or
3. refund the Rent amount paid in advance or provide a credit to the Hirer.

9.2 In no circumstances will Eventfinda Stadium be liable to any person (including, without limitation, the Hirer) for any indirect, consequential or special damages or losses of any nature suffered or incurred by the Hirer (including, without limitation, loss of actual or anticipated profits, loss of revenue, loss of opportunity or any other form of economic loss) whatsoever or howsoever caused, arising out of or in connection with the Equipment Rental Terms.

10. Reliance and warranties

10.1 The Hirer acknowledges that in deciding to enter into the Equipment Rental Terms:

1. it has not relied in any way on Eventfinda Stadium's skill or judgement (and it agrees that it would be unreasonable for it to rely on the skill or judgement of Eventfinda Stadium to determine whether the Equipment would be reasonably fit for the Hirer's purposes);
2. it has satisfied itself as to the condition and suitability of the Equipment and its fitness for the Hirer's purposes;
3. it has previously examined the Equipment and such examination ought reasonably to have revealed that the Equipment was of acceptable quality, and it has satisfied itself as to the Equipment's compliance with the specifications required by the Hirer as well as its condition, quality, fitness for its intended purpose and the validity of the express warranties of either or both of the manufacturer and supplier; and
4. it has been provided with a reasonable opportunity to review the terms and conditions of the Equipment Rental Terms and to procure legal advice in relation to the Equipment Rental Terms.

10.2 Any and all guarantees, representations, warranties and conditions expressed by Eventfinda Stadium or any representative of Eventfinda Stadium as to the condition, suitability, quality, fitness for any purpose, safety or title of the Equipment are hereby negated and excluded to the fullest extent permitted by law and the Eventfinda Stadium gives no such guarantee, representation, warranty or condition and the Hirer acknowledges that Eventfinda Stadium has not given any such guarantee, representation, warranty or condition.

10.3 The Hirer warrants that all persons who use the Equipment will be competent and qualified to use the Equipment, and will only use the Equipment in the manner set out in this agreement.

10.4 The Hirer and Eventfinda Stadium acknowledge and agree that the rental of the Equipment is not a "consumer credit contract" or a "consumer lease" for the purposes of the Credit Contracts and Consumer Finance Act 2003.

11. Risk

11.1 The Hirer assumes and bears the risk of loss or damage to the Equipment immediately upon its execution of the Agreement. If the Equipment is damaged, lost, stolen or not returned to the Eventfinda Stadium when required, the Hirer agrees:

1. if the Equipment is capable of repair, to repair the Equipment at the Hirer's own cost; or
2. if the Equipment is not capable of repair to (at the Hirer's cost) promptly replace the Equipment or pay the Eventfinda Stadium the amount described in clauses 13.3 to 13.6 (both inclusive) (as the case may be).

12. Indemnities

12.1 The Hirer agrees to use, operate, possess and (where applicable) sublease or licence the Equipment at the Hirer's risk. The Hirer agrees that Eventfinda Stadium will have no responsibility or liability for any loss or damage to any property of the Hirer or the Hirer's customers, contractors or other invitees of the Hirer using or servicing the Equipment. To the fullest extent permitted by law the Hirer releases and discharges the Eventfinda Stadium and its agents, servants, directors, officers and employees from:

1. all claims and demands on Eventfinda Stadium; and
2. any loss or damage whatsoever and whenever caused to the Hirer or its agents, servants or employees, or the Hirer's customers, contractors or other invitees of the Hirer using or servicing the Equipment or their agents, contractors, employees or other invitees, whether by way of death of, or injury to, any person of any nature or kind, accident or damage to property, delay, financial loss or otherwise,

arising directly or indirectly from or incidental to a breakdown of, or defect in, the Equipment or any accident to or involving the Equipment or its use, operation, repair, maintenance or storage (whether occasioned by the negligence of the Eventfinda Stadium or otherwise) or which may otherwise be suffered or sustained in, upon or near the Equipment.

12.2 Subject to clause 12.4, the Hirer assumes liability for, and indemnifies and will keep indemnified, protected, saved and harmless Eventfinda Stadium and its agents, servants, directors, officers and employees from and against any and all injuries, actions, proceedings, claims, demands, liabilities, losses, damages, costs, fees, penalties, fines, Taxes and all expenses, legal, professional or otherwise (including court costs and legal fees incurred), whether direct, indirect or consequential, and of whatsoever kind and nature (including claims based upon strict liability in tort):

1. arising out of or alleged to arise out of the selection, purchase, delivery, acceptance or rejection, ownership, possession, use (including by reason of the use or incorporation of any invention resulting in infringements of patents), operation, repair, maintenance or storage of the Equipment, and by whomsoever used or operated (except where used by Eventfinda Stadium or any person on behalf of Eventfinda Stadium); or
2. arising out of any claim by, or loss or harm or damage suffered or incurred by, the Hirer's customers, contractors, or other invitees of the Hirer using or servicing the Equipment, or their agents, contractors, employees or other invitees; or
3. arising out of or in connection with:
   1. any act or omission of or by the Hirer, its agents, servants and employees, or the Hirer's customers, contractors, or other invitees of the Hirer using or servicing the Equipment, or their agents, contractors, employees or other invitees, whether negligent or not; and
   2. the fraud, dishonesty, misrepresentation or wilful default by the Hirer, its agents, servants and employees or the Hirer's customers, contractors, or other invitees of the Hirer using or servicing the Equipment, or their agents, contractors, employees or other invitees

12.3 The indemnities and assumptions of liability contained in clauses 12.1 to 12.3 (both inclusive) will continue in full force and effect notwithstanding the termination of the Equipment Rental Terms (or termination of the Rental or holding over) whether by expiration of time or otherwise, as to any act or omission relating to the Equipment occurring during the continuance of the Equipment Rental Terms which at any time is claimed to have created a cause of action against the Eventfinda Stadium or assumption of liability by the Hirer. The indemnities and assumption of liability against any claims for patent infringements will continue in full force and effect throughout the life of the Equipment, except as to any alterations or modifications to the Equipment occurring after the termination of the Rental or holding over.

12.4 Nothing in this clause limits the liability of Eventfinda Stadium or its agents, servants or employees to the extent that such liability arises from any wilful act of Eventfinda Stadium or its agents, employees or servants.

13. End of Rental Term

13.1 At the end of the Rental Term the Equipment must be returned to the Eventfinda Stadium to the place, and in the order and condition required by clause 7 (Maintenance and repair of Equipment), and

1. the Equipment must otherwise be in good working order and repair, free from damage and deficiencies with all accessories and services complete and functioning properly;
2. all labels and signs (other than those applied by the manufacturer, Eventfinda Stadium, by request or direction of Eventfinda Stadium, or required by law) must be removed and the affected area made good; and
3. the Equipment must be compliant with all statutory, governmental and other legal requirements (including workplace health and safety and environmental legislation) in relation to the continued operation of the Equipment and the Equipment must be capable of being immediately operated by a third party without any repair or replacement required.

13.2 If at the end of the Rental Term, the Equipment in a state that is not consistent with the obligations under clause 13.1, Eventfinda Stadium may undertake the work necessary to bring the Equipment to the required state as the Hirer's agent and all reasonable fees, charges, costs and expenses incurred by Eventfinda Stadium in undertaking the necessary cleaning and repair of the Equipment will be a liquidated debt payable on demand by the Hirer to Eventfinda Stadium.

13.3 If the Equipment is damaged beyond repair at any time so that in Eventfinda Stadium's reasonable opinion the Hirer cannot comply with clause 13.1 and Eventfinda Stadium cannot rectify that default, then at the time the damage occurs the Hirer must pay to Eventfinda Stadium the Recovery Value of the Equipment to reimburse Eventfinda Stadium for its loss of the Equipment by way of liquidated damages and not as a penalty and in addition to any liquidated claim made by Eventfinda Stadium under clause 13.5. To remove doubt, the Hirer will be responsible for the payment of the Rent for the Rental Term up to the Rental Expiration Date (even if the Equipment is damaged beyond repair before the Rental Expiration Date).

13.4 If the Equipment is lost or stolen at any time so that the Hirer cannot return it to the Eventfinda Stadium when it is due to be returned, then at the time theft occurs the Hirer must pay to the Eventfinda Stadium the Recovery Value of the Equipment to reimburse Eventfinda Stadium for its loss of the Equipment by way of liquidated damages and not as a penalty and in addition to any liquidated claim made by the Eventfinda Stadium under subclause 13.5. To remove doubt, the Hirer will be responsible for the payment of the Rent for the Rental Term up to the Rental Expiration Date (even if the Equipment is lost or stolen before the Rental Expiration Date).

13.5 If the Hirer does not return the Equipment to the Eventfinda Stadium at the end of the Rental Term, then without limiting Eventfinda Stadium's rights and remedies available under this Agreement, Eventfinda Stadium may deem that the Hirer is holding over and if so, the Hirer must continue to pay rent weekly to Eventfinda Stadium in the amount of the Rent and to be bound by the terms and conditions of the Equipment Rental Terms applicable to the Rental (with necessary changes to apply to a holding over basis) until either the Equipment is returned to Eventfinda Stadium or Eventfinda Stadium receives payment of the Recovery Value of the Equipment to reimburse Eventfinda Stadium for its loss of the Equipment by way of liquidated damages and not as a penalty.

13.6 For the avoidance of doubt, the Hirer acknowledges that upon return of the Equipment to Eventfinda Stadium, Eventfinda Stadium will have no obligation to:

1. sell or re-rent the Equipment; or
2. account to the Hirer for the value of the Equipment or any amount Eventfinda Stadium received from selling or re-renting the Equipment.

14. Termination

14.1 Upon termination of the Equipment Rental Terms (or holding over), Eventfinda Stadium is entitled to recover as liquidated and ascertained damages an amount equal to the sum of the following:

1. any amount of money due and owing to the Eventfinda Stadium pursuant to the Equipment Rental Terms as at the date of termination but unpaid by the Hirer;
2. interest on such unpaid amounts at the Interest Rate;
3. the balance of Rent payable for the Rental Term from the date of termination to the Rental Expiration Date; and
4. all reasonable fees, charges, costs and expenses incurred by Eventfinda Stadium, including legal fees on a full indemnity (solicitor and own client) basis, in:
   1. obtaining or attempting to obtain payment of such unpaid amounts;
   2. otherwise enforcing the terms of the Equipment Rental Terms;
   3. recovering or attempting to recover possession of the Equipment; and
   4. arranging for the Equipment to be brought to the state required in sub-clause 7.1.

15. Miscellaneous

15.1 Continuing obligation: The obligations of the Hirer under these Equipment Rental Terms, including the obligation to pay Rent, will continue notwithstanding any defect, breakdown, accident to, theft of or seizure of the Equipment.

1. Sponsorship Terms

1.1 The Hirer grants to Eventfinda Stadium the rights and benefits set out in the Key Terms during the Sponsorship Term ("Sponsorship Rights").

1.2 In consideration of the Sponsorship Rights granted under clause 1.1, Eventfinda Stadium agrees to pay to the Hirer the amount specified in the Key Terms ("Sponsorship Payment"). The Sponsorship Payment may be set off against the Hire Fee as set out in the Key Terms.

1.3 The sponsorship arrangement during the Sponsorship Term will be on the basis set out in the Key Terms, either on an exclusive basis whereby Eventfinda Stadium will be the sole sponsor for the Event during the Sponsorship Term or on a non-exclusive basis ("Sponsorship Status").

1.4 Nothing in this Sponsorship Terms restricts or otherwise prevents:

1. the Hirer from also using its own name and branding in respect of the Event;
2. the Hirer from entering other sponsorship partnerships for marketing or promotional activities related to the Event (for example a beverage supplier sponsoring the Event).

2. Representations and Actions

2.1 Each party agrees that it will not:

1. undertake any action or do any thing which does or may be likely to damage or affect the other party's reputation or goodwill or otherwise does or may be likely to bring the other party into disrepute;
2. in relation to the Event, make any statement, representation or assertion relating to the other party without the other party's prior written consent (except as expressly permitted under these Sponsorship Terms); or
3. in relation to the Event, use the other party's name, logo or any other intellectual property created by or belonging to the other party without the other party's prior written consent (except as expressly permitted under this Sponsorship Terms).

3. Intellectual Property

3.1 The parties acknowledge that:

1. all rights (including but not limited to any copyright, patents, designs, trade marks or common law rights) in and to any intellectual property of a party existing at the date of the Agreement and in the future is and will remain the property of that party; and
2. all rights (including but not limited to any copyright, patents, designs, trade marks or common law rights) in and to any intellectual property of Eventfinda Stadium existing at the date of this Agreement is the sole property of Eventfinda Stadium. Except where expressly stated otherwise, nothing in this Agreement grants The Hirer any right, title or interest in or to such intellectual property.

3.2 The parties agree not to:

1. cause or permit anything that may damage or endanger the intellectual property (or the title to such intellectual property) of the other party;
2. in relation to the Event, use the other party's intellectual property otherwise than as permitted by this Agreement or as may be agreed or approved by the other party; or
3. use any name or mark similar to or capable of being confused with the other party's brands, trade name or trade marks (as may be added to and/or amended from time to time) otherwise than permitted by the other party.

4. Ownership of IP

4.1 In order for Eventfinda Stadium to obtain the benefit of the rights granted to it in clause 1.1, The Hirer grants to Eventfinda Stadium during the Sponsorship Term a non-exclusive, non-transferable licence (without a right to sub-license) to use any intellectual property rights made available by The Hirer to Eventfinda Stadium for the purposes of this Sponsorship Terms, including any intellectual property rights identified in the Key Terms ("The Hirer IP") to market and promote the Event and Eventfinda Stadium's involvement in the Event, subject to the conditions in clauses 4.2 and 5.

4.2 Eventfinda Stadium agrees and acknowledges that:

1. the Hirer or its relevant third-party licensor owns all intellectual property rights in the Hirer IP, including the goodwill attaching to it;
2. except as specified in clause 4.1, the Hirer does not grant to Eventfinda Stadium any right or licence to the Hirer IP; and
3. all rights granted to it under clauses 1.1 and 4.1 immediately cease on the earlier of the expiry or termination of the Sponsorship Term or termination of the Agreement.

5. Promotion, Marketing, Media And Sponsorship

5.1 Eventfinda Stadium grants to the Hirer a non-exclusive and royalty free licence (including a right to sub-licence) to use, reproduce, publish, and communicate to the public its name, branding and other intellectual property rights made available by Eventfinda Stadium to the Hirer for the purposes of these Sponsorship Terms, including the Venue Images, in relation to the promotion, conduct and broadcast of the Event.

5.2 Eventfinda Stadium may also market and promote the Event and Eventfinda Stadium's involvement in the Event, with the prior written approval of The Hirer and subject to the conditions in clause 4.2. Eventfinda Stadium must obtain The Hirer's prior written approval to the proposed use of any promotional or marketing material generated by Eventfinda Stadium in relation to, or that refers to, the Event.