Bench Dedication Terms and Conditions

These Bench Dedication Terms and Conditions govern the grant of Your bench dedication and are intended to be read in conjunction with the Bench Dedication Donation Form provided to You by the Royal Botanic Gardens and Domain Trust.

1.1. In these Terms and Conditions:

Claims means any claim, demand, action, suit of proceeding for damages, debt, restitution, equitable compensation, account, injunctive relief, specific performance or other remedy, whether by original claim, cross claim or otherwise, whether arising at common law, in equity, under statute or otherwise, wherever arising, existing or able to be made at the time of these Terms and Conditions duly executed by You.

Commencing Date means the later of the date the Trust receives: 
a) payment of the Donation Fee; 
b) the completed Bench Dedication Donation Form; and 
c) these Terms and Conditions duly executed by You.

Dedication Period means the period of time referred to in Item 2 of the Bench Dedication Donation Form;

Donation Fee means the donation fee referred to in Item 1 of the Bench Dedication Donation Form;

Garden means the Garden chosen by You in Item 1 of the Bench Dedication Donation Form;

Maintenance Fee has the meaning given to it in clause 8.2 of these Terms and Conditions.

Plaque means a dedication plaque installed on Your bench in accordance with clause 5.1 of these Terms and Conditions.

Terms and Conditions means these terms and conditions and the Bench Dedication Donation Form;

Trust means Royal Botanic Gardens and Domain Trust ABN 22 988 772 206;

Trust Notice Details means Development Team, Botanic Gardens of Sydney, Mrs Macquaries Rd, Sydney NSW 2000 or email to [email protected]; and You/Your means the person identified in Item 4 of the Bench Dedication Donation Form.

2.1. The Trust agrees to grant You the right to dedicate a bench acknowledged by a personalised Plaque for the Dedication Period in consideration of Your payment of the Donation Fee, in accordance with these Terms and Conditions.

2.2. The Trust retains the right to terminate this agreement due to any breach by You, without prior notice to You.

3.1. You acknowledge that this agreement is between You and the Trust and that these Terms and Conditions apply from the Commencing Date.

4.1. You acknowledge that the Dedication Period begins on the Commencing Date and lasts for 10 years from the Commencing Date.

4.2. The Trust retains the right to terminate this agreement due to any breach by You and end the Dedication Period prematurely, without prior notice to You.

5.1. Following the Trust’s receipt of the Donation Fee, the Trust will:
a) install a new (or restored) bench in the Garden chosen by You; and 
b) install a dedication plaque on that bench in a size determined at the Trust’s sole discretion and with an inscription approved by the Trust in accordance with clause 6 of these Terms and Conditions.

5.2. The Trust will endeavour to install the bench and Plaque within 4 to 8 weeks from the Commencing Date.

6.1. You must submit to the Trust Your proposed wording to be inscribed on the Plaque for the Trust’s approval, subject to clause 6 of these Terms and Conditions.

6.2. You must indemnify the Trust and keep it indemnified from and against all Claims arising out of or as a result of the Plaque.

6.3. The Trust will not unreasonably withhold its consent to Your proposed wording if it: 
a) is 25 words or less; 
b) is of a celebratory nature; 
c) is not memorial in nature; 
d) is factual in content;
e) is not derogatory or defamatory to another person;
e) includes only one date of significance; and 
f) states the name of a person, living or deceased, who, in the Trust’s sole discretion, has a good reputation and is not the subject of controversy.

6.4. When making Your application to the Trust, You must provide to the Trust with a summary (in 250 words or less) of the background and purpose of Your proposed inscription on the Plaque. The Trust reserves the right to request further information regarding Your proposed inscription.

6.5. The Trust may (in its absolute discretion) decline any inscription proposed by You.

6.6. The Trust may remove the Plaque without prior notice to You at any point during the term of this agreement if the Trust considers (in its absolute discretion) the Plaque is no longer in the best interest of the Trust or the public.

6.7. You acknowledge and agree that if the Plaque is removed by the Trust because of a breach of this agreement, the Donation Fee (or part of) will be forfeited.

6.8. If Your Plaque contains any text that is not in English, You are required to provide a certified translation, at Your cost, from a practitioner with current NAATI credentials (https://www.naati.com.au/certification/).

6.9. The Trust will inscribe the approved wording on the Plaque.

6.10. You acknowledge that the plaque remains the property of the Trust, until it is returned to You, subject to Clause 9.

6.11. Donors are liable for all maintenance costs associated with the plaque and are liable to pay for a replacement plaque should the Plaque need replacing, even in the case of wear and tear, unintentional damage, vandalism and/or theft or if the inscription breaches this clause 6.

6.12. You warrant that Your proposed inscription is not defamatory, derogatory, or contentious in nature, or the subject of any claim by any person.

7.1. You acknowledge that, at all times, the bench remains the property of the Trust.

7.2. Despite any other clause in these Terms and Conditions, You acknowledge that during the Dedication Period, the Trust may move the bench to one or more different locations in the Garden.

7.3. If the Trust moves the bench in accordance with clause 7.2, the Trust will use reasonable endeavours to notify You (using the contact details provided by You in Item 4 of the Bench Dedication Donation Form), to advise You of the new location of the bench.

8.1. Subject to clauses 8.2 and 8.3, You acknowledge that during the Dedication Period, the Trust is not required to maintain the bench and will leave the bench to age naturally.

8.2. At any time during the Dedication Period, You may request the Trust to conduct maintenance on the bench for a fee to be determined by the Trust, acting reasonably and taking into consideration the condition of the bench at the time of the request (Maintenance Fee). The Maintenance Fee is not tax deductible.

8.3. If the bench is damaged or destroyed during the Dedication Period, other than due to fair wear and tear, the Trust will repair or replace the bench at the Trust’s cost.

9.1. Your rights under this agreement will come to an end at the expiry of the Dedication Period.

9.2. The Trust will dispose of the Plaque affixed to Your dedicated bench on the date which is 6 months from expiry of the Dedication Period, unless on or before this date You: 
a) collect the Plaque from the Trust’s offices; or 
b) notify the Trust that You would like the Trust to post the Plaque to You (in which case You are responsible for the associated postage fee).

9.3. If the Trust exercises its right to terminate this agreement, the Plaque will not be returned to You.

10.1. If You would like to renew Your dedication for a further term, You may do so by notifying the Trust of this intention in writing no later than 2 months prior to expiry of the Dedication Period.

10.2. If You notify the Trust in accordance with clause 10.1: 
a) the duration and terms and conditions of the agreement for the further term will be determined at the Trust’s sole discretion; and 
b) the Trust will use reasonable endeavours to ensure that the Plaque remains on the same bench as it was located at the time of Your notification under clause 10.1.

10.3. If the Trust exercises its right to terminate this agreement, the Dedication Period will cease and the option for renewal will not be available to You.

11.1. The Trust will send all notices and other communications relating to these Terms and Conditions to the email identified in Item 4 of the Bench Dedication Donation Form.

11.2. If Your contact details change at any time throughout the Dedication Period, You must provide the Trust with updated contact details to ensure that the Trust is able to contact You.

11.3. You must send all notices and other communications pursuant to these Terms and Conditions to the email or postal address specified in the Trust Notice Details.

12.1. Any capitalised terms in this clause 12 have the same meaning that they are given in the Privacy and Personal Information Protection Act 1998 (NSW).

12.2. Your Personal Information is dealt with by the Trust pursuant to the Privacy and Personal Information Protection Act 1998 (NSW) which is contained in the following link https://legislation.nsw. gov.au/view/whole/html/inforce/current/act-1998-133.

13.1 The Trust may from time to time vary the Terms and Conditions by publishing an updated version on the Trust’s website. You acknowledge that the Trust is not required to provide notice to You of any change to the Terms and Conditions.