Dynamic Teams Australia Pty Ltd

ACN 652 199 043

Our aim: to make your event easy, enjoyable and well organised from start to finish.

These Terms & Conditions explain how we work together, what we need from you, what you can expect from us, and what happens if plans need to change. By confirming your booking with Dynamic Teams Australia (DTA), you agree to these Terms.

1. Your booking

When you book DTA, we agree on:

• The activities and services we will provide
• Your event date
• The service period
• The number of participants
• The agreed fee

Your agreement

Your booking, these Terms and any other written information agreed with you form our agreement. If a signed written agreement specifically conflicts with these Terms, the signed agreement applies to the extent of the conflict.

Final numbers

Final participant numbers must be confirmed at least 14 days before your event so we can arrange the appropriate staff, equipment and other requirements.

Final program

Your program and activities must also be confirmed at least 14 days before the event. We will always do our best to accommodate late requests, but cannot guarantee availability for changes or new activities requested within 14 days.

2. Fees and payment

Your fee

We will confirm your event fee when your booking is made.

Payment

Unless otherwise agreed in writing, full payment is due 4 weeks before your event. DTA may require payment before providing the Services.

Card payments

Visa and Mastercard payments attract a 1.80% administration fee, where applicable. If you have any questions about your invoice or payment, please contact us.

3. What you can expect from DTA

Our goal is to deliver a professional, well-run and enjoyable experience. We will provide the agreed Services during the booked service period, deliver them with reasonable care and skill, provide suitably qualified DTA staff, and work with you to make the event run as smoothly as possible.

The DTA team assigned to your event may vary depending on the activities and requirements of your booking. DTA may also provide similar services to other businesses and clients.

4. Participant safety

Some DTA activities involve physical activity and may carry a level of risk. Safety is our priority.

Participants must:

• Listen to and follow DTA staff instructions
• Follow safety rules and guidelines
• Participate responsibly
• Tell us about anything that may affect their ability to safely participate

Alcohol

Participants must not consume alcohol before taking part in DTA activities. If someone has consumed alcohol before an activity, they must tell our team what they have consumed and approximately how much. We will assess whether it is safe for that person to participate.

If we believe someone is affected by alcohol, we may prevent them from participating. If a participant does not disclose alcohol consumption and participates while affected, DTA will not be responsible to the extent that any injury or loss results from their intoxication or failure to disclose it, subject to any rights or responsibilities that cannot legally be excluded.

We would always rather have someone sit out an activity than risk an injury. We may stop or restrict participation where we reasonably believe it is necessary for someone’s safety or the safety of others.

5. DTA is an independent business

DTA is an independent contractor, not an employee, partner or part of your organisation. Our staff remain DTA employees or contractors and are managed by DTA.

DTA is responsible for its own staff, including wages and employment entitlements, superannuation, leave, workers compensation, payroll tax, taxation obligations and other applicable employment responsibilities.

6. Insurance and responsibility

DTA insurance

DTA maintains public liability insurance of AUD $20 million while providing our Services.

Responsibility for loss or injury

We take reasonable care when delivering your event. However, some activities naturally involve an element of risk, and participants are expected to follow our safety instructions. Subject to rights that cannot legally be excluded or limited, DTA is not responsible for loss, damage or injury suffered by the Business, its employees, agents or participants unless caused by DTA’s negligent act or omission in providing the Services.

Nothing in these Terms is intended to remove any rights or protections that cannot legally be excluded under Australian law.

7. Looking after DTA equipment

We may provide equipment, vehicles, bikes, structures or other items as part of your event. We ask that everyone treats our equipment with care.

The Business is responsible for loss of or damage to DTA equipment caused by the Business, its employees, agents or participants during the event, other than normal wear and tear. The Business’s maximum responsibility for this loss or damage is AUD $100,000, subject to applicable law.

8. Information, materials and intellectual property

Documents, reports, programs, materials or other work created by DTA as part of providing our Services remain DTA’s property where they constitute DTA Intellectual Property, unless we have specifically agreed otherwise in writing. Information and materials you provide to us remain yours.

9. Keeping your information confidential

We understand that you may share information with us that isn’t publicly available. DTA will treat your confidential business information respectfully and keep it confidential.

We won’t disclose confidential information except where you’ve given us permission, it is reasonably necessary to deliver the Services, it needs to be shared with people involved in delivering the Services, or we are required to do so by law. These obligations continue after the event and after our agreement ends.

10. If you need to cancel

We understand that plans sometimes change. If you need to cancel your event, the following cancellation charges apply:

These charges reflect the planning, staff, equipment, suppliers and other resources that may already have been committed to your event. Any amount you’ve already paid will be credited towards the cancellation amount.

11. If you need to postpone

If the weather looks unsuitable for your event, or another unforeseen circumstance arises, you can request to postpone your event by giving us at least 48 hours’ notice.

Where DTA agrees to the postponement, we’ll work with you to find a new date. The new date must be within 3 months of the original event date, there will be no postponement fee, and you can reschedule once. The new date is subject to DTA’s availability.

If we don’t receive the required notice, or a suitable new date cannot be arranged, the cancellation provisions in Section 10 may apply.

12. When our agreement ends

DTA will

• Return Business documents and materials that belong to you, where appropriate
• Stop representing itself as being connected with your business, except where reasonably necessary to describe our previous involvement

The Business will

• Return DTA materials and Intellectual Property that belong to DTA, where appropriate
• Stop representing itself as being connected with DTA, except where reasonably necessary to describe our previous involvement

Neither party is required to delete information that it is legally required to keep.

13. Photos and marketing

We love being able to showcase the experiences we create. DTA may use the Business name and images taken at your event for our marketing and promotional purposes.

If you would prefer that we don’t use your Business name or images taken at your event, please let us know in writing before the event and we’ll respect your request.

14. A few final things

Changes to your booking

If we agree to change your booking or these Terms, we’ll confirm the change in writing.

Transferring the agreement

Neither you nor DTA can transfer the agreement or its responsibilities to someone else without the other party’s written consent, unless the law allows it.

If something isn’t enforced straight away

If either party doesn’t immediately enforce a right under these Terms, that doesn’t mean they’ve given up that right.

Your legal rights

These Terms don’t take away any rights or remedies available to either party under applicable law. In particular, nothing in these Terms is intended to exclude, restrict or modify any rights, guarantees, warranties or remedies that cannot legally be excluded under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law.

We look forward to working with you and helping make your event a memorable and successful experience.

Victorian law

These Terms are governed by the laws of Victoria, Australia. The parties agree to the non-exclusive jurisdiction of the courts of Victoria.

Notices

If we need to formally notify each other about something under these Terms, the notice must be in writing. A notice can be delivered personally, by post or by email using the contact details provided by the relevant party.

15. Understanding and accepting these Terms

By confirming your booking with DTA with a signature on the booking form, you confirm that you have read and understood these Terms, have had the opportunity to ask us questions, have provided accurate event and participant information, agree to the quoted fee and payment arrangements, and agree to these Terms.