b. You, The Client, the person, company or organisations engaging our services.

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1 S-Data Investments Pty Ltd in c/o Hard Rock Café Sydney Event & Function Terms & Conditions ABN: Definitions a. Contract the document or documents setting out the services to be provided by us together with these terms and conditions and a signed contract acceptance form, quotation or proposal. b. You, The Client, the person, company or organisations engaging our services. c. We, Us, The Company - S-Data Investments Sydney Pty Ltd in t/as Hard Rock Café Sydney. ABN: d. Our services the services to be provided by us which include but are not limited to: event management, event design, event planning, event hosting, provision of food and beverage, project management, production services. e. Premises, Venue All areas that constitute the agreed space, room or rooms, area or areas, in the contract, all areas adjacent to said space, room or rooms, area or areas in the contract, all public access areas such as restrooms, lobbies and merchandise shop within the defined space. f. Our suppliers, Contractors, Suppliers supply partners we work with to provide services/products, or suppliers/contractors engaged by the The Client. g. Force Majeure Events - means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of Good Utility Practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party s ability to perform its obligations under this Agreement and to mitigate the consequences thereof. 2. Payments By The Client a. The Client must pay The Company the amounts set out in the Payment Schedule at the time set out in the Payment Schedule. Time shall be of the essence in respect of these payments. b. The Client shall pay all other charges to The Company within fourteen (14) days of receipt of an invoice from The Company. c. If The Client fails to pay any amount payable under this Contract on or before the due date for payment, The Client must pay interest on that amount on demand by The Company. Interest is payable from the due date until payment is made and received by The Company and is payable at a rate of 1% per day and is compounded weekly. d. A minimum spend fee applies to this booking once confirmed. Minimum spend (as outlined in the attached quote) consists of total fees and charges set out in this contract in line with the agreed attendance. e. Estimated numbers agreed in the signed agreement are the final numbers payable as a minimum spend for the event. The amount per head is outlined in the quoatation. Should The Client have fewer attendees then contractually agreed services are not transferable and the original event amount is payable. f. If The Client has more attendees then that of contractual quotation the fee per head, outlined in the agreement, will apply and be payable by The Client to The Company on the day of the event. g. A deposit of $1000 is payable for all events to ensure cover in case of damage to the venue by the event attendees. Should the damage exceed the deposit amount The Client will be liable to cover any additional costs to ensure the venue is restored to its original pre-event condition. This is refundable after the post event inspection is complete.

2 h. Payment must be made to The Company BSB: Account Number: Cancellation by Client a. In the event of the proposed Contract being cancelled by The Client at any time prior to 90 days before the contracted event date The Client shall pay The Company 50% of the total contract value and any other supplier charges included related to the contracted event, as a cancelation fee. b. In the event of the proposed Contract being cancelled by The Client at any time in between 90 and 31 days before the contracted event date The Client shall pay The Company 75% of the total contract value and any other supplier charges included related to the contracted event, as a cancelation fee. c. If the proposed Contract is cancelled by The Client at any time within thirty (30) days of the contracted of the event date, The Client shall be liable to pay to S- Data Investments Sydney Pty Ltd a cancellation fee equal to 100% of the total contract value. 4. Breach and Termination a. The Company shall be entitled to terminate or amend this Contract at any time due to: i. The Client is unable to fulfil all or part of its obligations under this Contract ii. as a result of circumstances beyond its control including without limitation an act of God, fire, flood, riot, civil commotion or action of any Governmental authority. The Company shall not have any liability to The Client whatsoever because of such termination or amendment except that The Company where applicable shall refund to The Client any part of the total fees and charges paid by The Client under this Agreement prior to the date of termination or the provision of services after the date of termination. b. Termination or amendment of this Contract shall be without prejudice to and shall not affect any other rights or remedies of The Company. 5. Limits of our liability a. The Company does not accept any liability for non-completion of an event or an event for any delay arising as result of "Force Majeure Event" b. The liability of The Company in respect of any breach of the Contract, including any applied terms shall not extend to any consequential loss whatsoever suffered by The Client or their guests. c. The Client shall notify us in writing of any claim within 48 hours of the day upon which you became aware of or ought to have become aware of the existence of such claim. If no such notice is given you will be deemed to have waived and abandoned completely any such claim which after the expiration of such period of 48 hours shall not be allowable or admitted. Time shall be of the essence of this clause. 6. Assignment and Acknowledgements a. No party will assign, novate or otherwise transfer any of its rights or obligations under this Contract without the prior written consent of the other party. The Client will not sub-licence or part with possession of the relevant venue during the hire period without the prior written consent of The Company b. The Client acknowledges that prior to signing this Contract it has inspected the Venue and has satisfied itself that the Venue is suitable for its proposed uses. c. The Company reserves the right to cancel the event during said event due to circumstances where The Company considers, in its or his sole discretion, that the cancellation is necessary, and The Company will not be liable for any loss or expense incurred by The Client caused by such cancellation. d. The Company reserves the right to substitute the venue and any function space within the venue where The Company considers in its sole discretion that the said substitution is necessary, and The Company will

3 not be liable for any loss or expense incurred by The Client as a result of such substitution. The replacement venue or function space provided by The Company pursuant to this clause must be equivalent or substantially equivalent to the venue or function space the subject of this Contract. e. The Company within reason and at its sole discretion will, when viable, provide with alternatives to accommodate any dietary requests, or other requests, that deviate from the select Food and Beverage items. 7. GST a. To the extent that any payment payable under this contract is consideration for a taxable supply for the purposes of A New Tax System (Goods and Services Tax) Act ( the GST ACT ) the recipient of the taxable supply must pay to the supplier any GST payable in respect of that taxable supply in accordance with the GST Act. Any such GST must be paid by the recipient of the taxable supply within fourteen (14) days of receipt of a tax invoice from the supplier in respect of the taxable supply. 8. Interpretation a. This Contract is governed by the laws in force for the time being in New South Wales and the parties hereby submit to the non- exclusive jurisdiction of the Courts of that State. b. Every agreement or undertaking expressed or implied by which more than one person or entity agrees or undertakes any obligation and/or derives any benefit in terms of this Contract shall be binding for the benefit of such persons jointly and each of them separately. c. Any reference to The Company or The Client shall be deemed to include a reference to their respective officers, employees, agents, contractors, subcontractors, invitees and licensees and any person claiming through or under them. d. Any person signing for and on behalf of The Client warrants to The Company that he/she has the authority to execute this contract on behalf of The Client and to bind The Client to the obligations imposed on The Client pursuant to this Contract. e. This Contract may only be varied, amended or supplemented in writing and signed by the parties. f. Any provision of this Contract which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of the jurisdiction, if possible, to be valid and enforceable and if the provision cannot be read down it may be severed to the extent of the invalidity or unenforceability. g. None of the provisions of this Contract will merge on termination of this Contact or expiry of the Contract Period.

4 9. The Client s responsibility a. In providing our services, any reasonable instruction given to you by us or our suppliers must be followed. In the event that The Client s guests fail to follow our reasonable instructions, resulting in loss or damage, The Client will be liable for said loss or damage. b. For each preferred supplier, we will advise you in respect of their terms and conditions and payment schedule. We are unable to make advance payments to suppliers on your behalf (unless otherwise agreed). You must ensure we have received cleared payment in time for us to meet supplier s payment schedules. We cannot be held liable if you fail to clear the necessary funds in time to meet these obligations and the supplier then withdraws their service. We will not be held liable for any outstanding payments to suppliers on your behalf. All external suppliers used (i.e. Audio Visual, Food & Beverage etc.) will be The Client s responsibility. c. Any external suppliers or contractors engaged by The Client will be, for all intents and purposes, The Client s responsibly. i. The Company will not be liable or accountable if any external suppliers or contractors do not provide services requested by The Client. ii. The Company may choose to coordinate said suppliers or contractors if beneficial for the successful execution of the contract. iii. The Client is responsible for any damage to the premises or equipment where any suppliers or contractors engaged directly by The Client are involved. d. The Client must provide The Company with written confirmation of: i. The approximate number of persons attending the event at least thirty (30) days prior to the contracted date. ii. Event run sheet should be agreed and signed with the Venue for the function or event at least thirty (30) days prior to the contracted date. iii. The exact number of persons attending the Venue for the function or event should be agreed fourteen (14) days prior the commencement of the function or event iv. Information or requests regarding any food allergies, intolerances or preferences at least fourteen (14) days prior to function or event date. 10. Other Requirements a. The Client must abstain from undertaking any actions which could damage the reputation of The Company, this includes any activity which could be perceived as environmentally, politically or culturally insensitive. b. No fire arms including, replicas, plastic fire arms or any item that could be defined as a weapon of any kind should be brought onto The Company premises. The Company do not take any liability in the instance that this clause is breached without company knowledge. c. The Client and all associated parties should adhere to the values and brand guidelines of The Company at all times when in The Company s premises or referring to The Company, especially through any marketing and social media promotions, as advised to The Client in writing. d. Alcohol service provided within The Company s premises is done so under The Company s Liquor License and all service must be done so by The Company s Staff and in accordance with said liquor license. The Company and all representatives are committed to providing Responsible Service of Alcohol and reserve the right to cease service or remove any guests that are deemed to be intoxicated within the premises. e. Smoking is prohibited in all areas of The Company s premises including (but not limited to) Foyer, Balcony, Function Rooms, Kitchens, Storage Areas, Toilets, and Corridors. Smoking may be permitted in outdoor

5 balcony areas sign posted and is subject to Venue Management discretion. f. Parking (charges apply) for guests, delegates and staff is available via the nearby Wilsons Harbourside car park located on Murray Street. Parking cannot be guaranteed, and The Company does not except any responsibility for theft damage or loss as this is a public car park.

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