Terms and Conditions

STANDARD TERMS AND CONDITIONS

1.                Definitions

In this agreement: 

“Associates” means various other entities working with TENT to undertake TENT’s Activities, including national, state and regional tourism bodies, industry and trade operators and other third parties authorised by TENT. 

“Content” means still photography, audio recording, film footage, articles, blog posts, social media posts (including but not limited to Instagram posts, Facebook posts or any other social media platforms) featuring events, locations, people and activities of, in, or associated with, the Northern Territory created by the Participant relating to the Participant’s participation in the Travel Services. 

“Itinerary” means the itinerary supplied by TENT to the Participant which sets out all and any flights, transfers, transport, accommodation, touring, attractions, travel and related services TENT has arranged for the Participant. 

“Licence” means the Licence granted by the Participant to TENT in relation to the Content.

“Participant” means any person who takes part in or is involved in any aspect of the TENT’ Activities regardless of their role, level of engagement or method of participation.

“Participant’s Image” means the image, likeness, voice or any other representation of the Participant or aspect of the Participant’s image.

“Recorded Materials” means Participant’s Image that is recorded, in whole or in part, in any form or media, including but not limited to in the form of photographs and video footage (whether digital or otherwise) and other materials in which recordings of Participant’s Image may be incorporated.

“TENT” means Tourism and Events NT being a business name of a statutory authority of the Northern Territory Government which includes its employees, officers, directors, managers, agents and contractors of TENT as well as organisations affiliated with TENT, including without limitation its international representative offices and includes those offices’ employees, officers, directors, managers, employees, agents and contractors. For the avoidance of doubt, the reference to “TENT” in this agreement does not include the Participant notwithstanding the Participant may have previously been affiliated with TENT under one of the abovementioned capacities.

“TENT 's Activities” means TENT’s functions and activities, which include creating and disseminating information about and promoting the Northern Territory, destinations within the Northern Territory, tourism within the Northern Territory, and TENT as an organisation, including running promotions and advertising in worldwide media.

“Travel Services” includes without limitation all flights, transfers, transport, accommodation, touring, attractions, travel and related services TENT has arranged for the Participant.

2.                Interpretation

2.1.           A reference to this agreement includes its schedule, all of which form part of this agreement.

2.2.           Headings are for convenience only and do not affect the interpretation of this agreement.

2.3.           If any part of this agreement is invalid, void or unenforceable it shall be severed from this agreement and the balance of this agreement shall remain in force.

2.4.           The laws of the Northern Territory of Australia govern this agreement and the parties submit to the jurisdiction of the Courts of the Northern Territory.

3.                Background

3.1.           The Participant requires the provision of certain familiarisations in the Northern Territory of Australia.

4.                Relationship of the Parties

4.1.           By virtue of this agreement, neither party is the employee, agent, officer or partner of the other party nor authorised to bind or represent the other party.

4.2.           Each party must ensure that its officers, employees, agents or subcontractors do not represent themselves as being an officer, employee, partner or agent of the other party.

4.3.           In all dealings related to this agreement, the Recipient agrees to:

(a)              communicate openly with TENT in achieving the objectives of this agreement;

(b)              act honestly and ethically;

(c)              comply with all reasonable directions of the TENT;

(d)              consult, cooperate and coordinate familiarisation activities to identify and address any overlapping work health and safety responsibilities aimed at ensuring the health and safety of workers and workplaces; and

(e)              comply with all reasonable directions and procedures relating to work health and safety, and record keeping.

5.                Acknowledgement by Participant

5.1.           You acknowledge and agree that:

(a)              TENT is not a tour operator, travel agent, carrier or hotelier, nor does it own or operate any aircraft, hotels, coaches or any other ancillary tour operator service. All bookings made with such service providers are subject to the terms and conditions (including any limitations of liability) imposed by those service providers. Further, other service providers including but not limited to accommodation providers, shipping, rail, car hire and restaurant operators, may, as a condition of using their service, limit or exclude liability in respect of death, personal injury, delay and lost or damage to property;

(b)              TENT does not accept any liability for the acts, omissions or default, whether negligent or otherwise, of any tour operators, travel agents, airlines, coach operators, shipping companies, hoteliers or other persons providing services in connection with the Travel Services.  The terms on which those services are provided to you, will be governed solely by that service provider’s terms and conditions (which may be evidenced in writing by the issue of a ticket, voucher, coupon confirmation of the like);

(c)              You participate in the Travel Services at your sole discretion and risk and voluntarily assume all responsibility for your participation in the Travel Services; 

(d)              TENT accepts no responsibility for any adverse effects suffered by you as a result of any vaccination you obtain to participate in this Travel Service;

(e)              TENT has not arranged and will not be arranging any insurance for or on your behalf in connection with the Travel Services. Accordingly it is your responsibility to arrange insurance at your sole cost, against:

(i)                death or injury howsoever caused;

(ii)              loss of or damage to property; and

(iii)             liability, however arising, to third parties for death or injury or loss of or damage to property.

(f)               You will maintain adequate insurances for the agreement and provide TENT with proof when reasonably requested;

(g)              TENT does not accept any liability in contract or in tort for any injury, damage, loss, delay, additional  expenses or inconvenience caused directly or indirectly by an event of force majeure or any other event which is beyond TENT’s control,  or which are not preventable by reasonable diligence on our part including but not limited to war, civil  disturbance, epidemics, pandemics, fire, floods, unusually severe weather, acts of God, acts of Government or of any authorities, accidents to or failure of machinery or equipment or industrial action (whether or not involving TENT’s employees and even though such action may be settled by acceding to the demands of a labour group);

(h)              TENT may at any time and at its discretion reduce the scope of, postpone, suspend or cancel the Travel Services or parts of the Itinerary;

(i)                participation in the Travel Services is by invitation only and limited to you. It is not possible for your partner, children or any additional persons to accompany you in the Travel Services; and 

(j)                when TENT arranges flights and accommodation for you, flights will be economy class and upgrades are not available. Normal baggage restrictions apply as per the carrier’s own requirements. It is your responsibility to add frequent flyer numbers (if applicable) and arrange for seat reservations.

5.2.           You warrant that you are physically fit to participate in the Travel Services, that you do not suffer from any medical condition which participation in the Travel Services is likely to put you at higher risk of injury. If you have a medical condition which may affect participation in the Travel Services or is likely to put you at higher risk of injury, we recommend you not participating. Please advise us of any medical conditions, special dietary requirements or allergies.

6.                Travel Services and Itinerary

6.1.           You agree to participate in, and complete, the Travel Services as set out in the Itinerary except in the case of illness or reasonable excuse (determination of reasonability by TENT at its sole discretion). Where the Participant is unable to participate or complete the Itinerary due to illness, the Participant must provide TENT with a certificate of fitness from a registered Australian health practitioner.

6.2.           The Itinerary as at the date of this agreement (being the date the Participant agrees to these terms and conditions) is the final Itinerary and may not be varied or amended unless TENT has consented and agreed to any variation or amendment (consent may be withheld by TENT at its absolute sole discretion).

6.3.           You acknowledge that TENT may not be able to recover some or any of the costs and expenses for the Travel Services in the event you propose any cancellation or changes (including any upgrade) to the Itinerary. Accordingly, you accept liability and indemnify TENT for all costs and expenses that result from any cancellation or changes to the Itinerary requested by you unless TENT has agreed in writing to reimburse.

6.4.           TENT retains the absolute right to terminate your participation in the Travel Services at any time, including the right to remove or exclude you from any event in the Travel Services, without compensation to you, if  in TENT’s opinion:

(a)              you fail to comply with clause 6.1;

(b)              your conduct is or becomes offensive, inappropriate, intimidating or otherwise unacceptable; or

(c)              it is necessary on medical or health and safety grounds (including possible harm or injury to any person). 

6.5.           You accept liability for any loss, cost or damage incurred or suffered by TENT as a result of TENT exercising its rights pursuant to clause 6.3.

6.6.           Your liability under clauses 6.3 and 6.5 may be reduced or waived at the sole discretion of TENT who may take into account any extenuating circumstances pertaining to you including, but not limited to:

(a)              the period of written notice you provide to TENT concerning the change, cancellation, or noncompliance with the Itinerary;

(b)              whether you are the subject of an emergency (including but not limited to bereavement, medical or family reasons) which requires you to cancel your participation in the Travel Services (and if requested by TENT, any supporting evidence of such emergency); and

(c)              whether TENT has already made payment to the provider of the Travel Services for your attendance. 

6.7.           Except where expressly stated otherwise, you are solely responsible for all personal expenses incurred throughout the Travel Services including but not limited to mini bar, in-room entertainment, internet and wifi, laundry service, telephone, fax or other communication costs, tipping, gratuities, alcohol and meals not specifically included in the Itinerary. 

6.8.           You agree to:

(a)              comply with all relevant laws whilst in the Northern Territory; 

(b)              comply with the directions and instructions from TENT concerning the Travel Services; 

(c)              adhere to the relevant government health and work safety advice, including isolation if you are unwell or presenting one or more of the symptoms such as fever, cough, sore throat, or shortness of breath.

7.                Talent Release

7.1.           You agree:

(a)              for TENT and its Associates to collect and distribute your personal information and business contact details for the purposes of TENT’s Activities; and

(b)              to appear in any still photography or film footage and consent to the Participant being photographed, filmed or otherwise recorded or captured by or on behalf of TENT for the purposes of TENT’s Activities.

8.                Release

8.1.           You agree to release TENT, to the extent permitted by law, from all claims, responsibility or liability for:

(a)              loss of or damage to any property; and

(b)              injury, sickness or death to any person (including yourself), arising out of or in connection with the Travel Services, including where such claims, responsibility or liability results from the negligent acts or omissions of TENT.

9.                Indemnity

9.1.           You agree to indemnify TENT and keep it indemnified against all losses, expenses, damages and costs incurred by or awarded against TENT as a result of:

(a)              death, injury or loss suffered by any person or third party caused by, or contributed to, by you in connection with the Travel Services;

(b)              loss of or damage to any person’s or third party’s personal property caused by, or contributed to, by you in connection with the Travel Services;

(c)              costs, expenses and liabilities incurred by you not included in the Travel Services; 

(d)              any use of the Content or the Licence to TENT in accordance with this agreement; 

(e)              any use of the Recorded Materials in connection with any of TENT 's Activities is defamatory to you or otherwise results in loss of or damage to your reputation or any other damage, loss or cost sustained by you; and

(f)               any other cost, loss, expense or liability TENT may incur as a result of your non-compliance with this agreement. 

10.            Termination

10.1.       TENT may at any time and for any reason whatsoever terminate this agreement by providing notice to the Participant.

10.2.       If TENT issues a notice under clause 11.1, this agreement immediately terminates or it terminates on the date specified in the notice.

10.3.       The Participant is responsible for all loss in connection with the termination excluding costs associated with the Travel Services.

10.4.       TENT reserves the right to recover upon demand from the Participant as a liquidated debt costs associated with the Travel Services.

11.            Personal Information

11.1.       The Participant agrees to provide TENT relevant information (including personal information) relating to the Participant, its officers, employees, agents or subcontractors for the purpose of the Participant’s participation in the Travel Services.

11.2.       The Participant acknowledges and agrees that TENT will collect and sight your personal information in order to facilitate your participation in the Travel Services.

11.3.       Any collection, storage or use by TENT of any personal information (including any health information) provided by you will be subject to the provisions of the Information Act 2002 (NT) and IPPs, and any other laws in Australia that relate to privacy while the personal information is in the possession of TENT. For more information about how TENT manages personal information, how to contact us, and how the Participant can access the information we  hold about the Entrant, please refer to our Privacy Policy available at: https://northernterritory.com/find-out-more/privacy.

11.4.       TENT will not use the personal information of the Participant except in accordance with the purpose stated in clause 12.1.

12.            Entire Agreement

12.1.       The agreement represents the parties entire agreement in relation to the subject matter, at the time this agreement was executed.

12.2.       Anything that occurred before the making of this agreement shall be disregarded.

12.3.       Any agreement or understanding to vary or extend the agreement will not be legally binding upon either party unless or until in writing and agreed by both parties.

13.            Inconsistency

13.1.       If there is any conflict or inconsistency between the provision of this agreement and any provision contained in the schedule, then the provisions in the schedule prevail to the extent of that conflict or inconsistency.

14.            Survival

14.1.       The following clauses survive termination or expiry of the agreement:

(a)              clause 4 (Relationship of the Parties);

(b)              clause 7 (Talent Release);

(c)              clause 8 (Release);

(d)              clause 9 (Indemnity);

(e)              clause 11 (Personal Information); and

(f)               clause 13 (Inconsistency).

15.            Notices

15.1.       A notice is deemed to be delivered:

(a)              if delivered by hand – on delivery to the relevant address;

(b)              if sent by registered post – on delivery to the relevant address; or

(c)              if transmitted by email or other electronic means – when it becomes capable of being retrieved by the addressee at the relevant email or other electronic address.

15.2.       A notice received after 4.00pm, or on a day that is not a working day in the place of receipt, is deemed to be delivered on the next working day in that place.

16.            Assignment

16.1.       The Participant must not assign or novate any rights or obligations under the agreement without TENT’s prior written consent (consent to be withheld and the absolute sole discretion of TENT).

17.            Contra proferentem

17.1.       No rules of construction apply to the disadvantage of a party on the basis that party was responsible for the preparation of this agreement or any part of it.