TERMS AND CONDITIONS OF SALE AND ADMISSION ECLIPSE FESTIVAL 2012
These terms and conditions apply to the sale of tickets and admission to the Eclipse Festival 2012 (the Festival) to be held on a private property in Palmer River, Queensland (the Festival Site) operated and promoted by Eclipse Festival 2012 Pty Ltd (ABN 44 155 838 752) (the Promoter?). These terms and conditions should be read in conjunction with additional information found on the Promoter's website www.eclipse2012.com (the Website) and statements and directives found on Tickets to the Festival as well as at the Festival Site (collectively the Terms and Conditions).
By purchasing a Ticket to the Festival or receiving a Ticket to the Festival at a reduced rate or free of charge or otherwise being granted complimentary entry to the Festival by the Promoter, you (You? or the Ticket Holder) agree to be legally bound by these Terms and Conditions, just as if you had signed a written agreement containing these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not purchase a Ticket to the Festival, accept a reduced price or complimentary Ticket nor should you attend the Festival. The Promoter reserves its rights to alter the Terms and Conditions at any time and it is your duty to check the Website or at the Festival Site for posted changes.
Terms and Conditions
1. The Promoter agrees to sell you a Ticket or provide you with complimentary entry to the Festival on the strict basis that you agree to be legally bound by the Terms and Conditions.
2. Tickets are sold or otherwise provided to you for personal use only. If you are unable to attend, you may pass on or sell your ticket for face value only, you may not make a profit from reselling the ticket.
3. You may be refused entry to the Festival if your Ticket is found to be cancelled, damaged or defaced in any way and /or has not been purchased through an authorised Ticketing agent.
Refunds & Replacement Tickets
4. All Tickets sales are FINAL AND BINDING.
5. The Promoter will not replace lost, destroyed, damaged or stolen Tickets.
6. A change in personal circumstances of the Ticket Holder does not entitle the Ticket Holder to a refund.
7. The Promoter reserves the right in its sole discretion to change the Festival artist line-up, the Festival dates, entry and exit times to the Festival, artist performance times, amount of artists, special effects, amount of stages, amenities, amount or type of stalls, Festival programmes, camping ground layouts, Festival Site layout or any other Festival facility or attraction (jointly Facilities and Attractions) without notice to you. The Promoter shall not be required to provide Ticket refunds (in whole or in part) or other compensation to Ticket Holders if the Facilities and Attractions are changed.
8. The Promoter will not give any Ticket refunds (in whole or in part) or other compensation to Ticket Holders due to poor weather prior to, during or after the Festival.
9. The Promoter reserves its rights to cancel the Festival at any time due to a Force Majeure Event, which in the Promoter's sole discretion makes it logistically impossible to continue to operate the Festival. Force Majeure Eventshall mean anything outside the Promoter's reasonable control, including without limitation, fire, bad weather, damage to Festival Site caused by bad weather, rain, flood, drought, storm, lightning, act of god, explosion, sabotage, accident, labour dispute, council or police rulings or war.
10. Refunds are only available if the Promoter cancels the Festival entirely. In the event the Promoter cancels the Festival in accordance with its rights under paragraph 9 above, you hereby agree and acknowledge that you shall only be entitled to a refund of the value of the Ticket (at the price you purchased it). You agree that you shall not be entitled to a refund of the booking and delivery fees (if applicable).
11. The Promoter further reserves its rights to shorten the length of the Festival at any time (for example from 7 days to 6 days or from 7 days to 5 days) OR to move the start date of the Festival forward 1-2 days due to a Force Majeure Event (as defined above in paragraph 9). In the event the Promoter decides to shorten the length of the Festival or move the start date of the Festival forward pursuant to its rights under this paragraph 11, you hereby acknowledge and/or warrant the following:
Access to Festival Site
12. You shall be permitted to enter and leave the Festival Site according to strict timelines published on the Website (which are subject to change under paragraph 7 above) by the Promoter.
13. The Promoter fully reserves the right to refuse any Ticket Holder entry to the Festival Site if the Promoter in its sole discretion believes that the Ticket Holder would be a potential threat to security or the smooth running of the Festival. In the event a Ticket Holder is refused entry to the Festival pursuant to this clause, that Ticket Holder shall not in any circumstance be entitled to a Ticket refund.
14. Ticket Holders must wear a wristband at all time during the Festival. If you are caught without a wristband, you will be removed from the Festival Site.
15. If you are collecting Tickets at the Festival gate, you must provide Festival staff with valid photographic identification. If you fail to do so, you may not be admitted entry to the Festival.
16. It is a condition of entry to the Festival that all Ticket Holders must allow Festival staff to search their vehicles, clothes, bags and other possessions prior to entering the Festival Site. If you fail to do so, you may not be admitted entry to the Festival.
17. Your Ticket shall only provide access to signed "public" areas at the Festival Site. You agree to keep within the signed "public" areas of the Festival Site. Ticket Holders who are found in unauthorised areas may be asked to leave the Festival. Ticket Holders who are found outside theA boundaries of the Festival Site will be considered trespassers and subject to prosecution by local authorities.
18. The Promoter reserves the right to evict any Ticket Holder who does not comply with the Terms and Conditions hereunder.
Conduct of Ticket Holders
19. You will follow all directions of Festival Staff at all times during the Festival.
20. Community standards of behaviour are expected at all times during the journey to the Festival, during the Festival and during the journey home from the Festival. Persons deemed to be behaving in a manner that is dangerous or unacceptable to the Promoter be refused entry, removed from the Festival Site and/or reported to local authorities.
21. The Promoter cares for the environment and community. Please be respectful and place any litter in the bins provided around the Festival Site. Be waste and water wise - thank you.
22. Footwear must be worn at all times on the Festival Site.
23. A parent or legal guardian (Guardians) must accompany any person under the age of 18 (Minors) who attends the Festival. Guardians must supervise Minors at all times during the Festival and be responsible at all times for the safety and wellbeing of the Minors.
24. Minors under the age of 15 may enter the Festival free of charge. All other Minors shall be required to purchase a Ticket.
25. These Terms and Conditions apply in full to all Minors and Guardians must ensure that Minors in their charge, comply with these Terms and Conditions.
26. Guardians hereby agree to hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all liability for all demands, loss, liability, claims or expenses (including legal fees) incurred by a Minor in his/her charge or caused to third parties by a Minor in his/her charge, arising out of that Minor's attendance at the Festival or any breach by that Minor of these Terms and Conditions.
27. The Promoter is the exclusive owner of the trade mark Eclipse Festival 2012, Festival logos, artwork, photographs, videos and other material created to promote the Festival (Festival IP). Should you wish to use the Festival IP other than for private, non-commercial purposes, you must obtain the prior written consent of the Promoter
28. Audiovisual recordings of the Festival are prohibited. You may take photographs with still cameras however such images may only be used for private, non-commercial purposes and must not be publicly displayed. If you wish to use a professional camera or video recorder, you must seek the prior consent of the Promoter.
29. You acknowledge that will be taking photos, videos and other recordings of the Festival. By purchasing a Ticket and/or attending the Festival, you hereby voluntarily and irrevocably consent to photos, videos and other recordings being taken of you by a photographer and/or videographer employed, engaged, or otherwise approved by the Promoter (Official Recordings). You acknowledge that the Promoter shall exclusively own and control all rights (including copyright) in the Official Recordings and you hereby assign to the Promoter all present and future rights in the entire copyright (and all other present and future rights including rights as a performer) throughout the world in all media in perpetuity. You hereby grant the Promoter (and its licensees or representatives), the right to use and exploit the Official Recordings in the Promoter's absolute discretion throughout the world in all media in perpetuity.
30. A TOTAL FIRE BAN is in operation for the entire duration of the Festival. This means that you are not permitted to operate naked flames, campfires, BBQ's, candles, gas stoves and other potentially hazardous materials or items.
31. The possession, sale or use of illegal drugs or illicit substances is strictly prohibited. The Promoter does not condone or endorse the use of such substances and any Ticket Holder found with them in their possession will be removed from the Festival Site.
32. The following items are also strictly prohibited on the Festival grounds:
33. You hereby acknowledge that the Festival Site and/or the land it is staged on is an inherently dangerous place that may contain all manner of obstacles, risks and dangers, both known and unknown, natural and man made which may result in loss or damage to your property, personal injury or even death. You hereby further acknowledge that due to the high level rain in and around the Festival Site during the weeks leading up to the Festival, that the Festival Site may be muddy and wet and as such, this may result in challenging scenarios at the Festival. Knowing the aforementioned matters to be the case, if you choose to attend the Festival and enter the Festival Site, you do so AT YOUR OWN RISK, waiving and foregoing any rights to make any claims for losses and injuries and you warrant that you will come well prepared to handle challenging situations that may be presented to you at the Festival Site.
Loss & Damage
34. You must not cause damage to, improperly use, remove, steal or tamper with any public facility, Festival infrastructure (Festival Property?) or cause any damage to the Festival Site's neighbouring properties and local communities (including in the township of Palmer River). You agree that you shall be held fully liable for any loss or damage to Festival Property or other damage caused by you.
35. To the fullest extent permitted by law, the Promoter does not accept liability of any nature for the acts, omissions or default of the Promoter or of any third parties providing services in connection with the Festival or any liability for any injury, damage, loss, delay or additional expenses which may be incurred by you at or in association with the Festival.
36. The Promoter will not be held responsible whatsoever for any loss or damage to any property (including without limitation personal property such as tents, cars, bags, money or other personal items) brought to or purchased at the Festival.
37. The Promoter does not accept liability for any injury, damage, loss, delay or additional expenses, which may be incurred by you as a result of a Force Majeure Event (as defined above in paragraph 9), cancellation of the Festival due to a Force Majeure Event or shortening of the Festival due to a Force Majeure Event.
38. You agree to indemnify and hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees) made against the Promoter or by any third party due to or arising out of your attendance at the Festival or any breach by you of the terms and conditions of this Agreement.
39. You agree to hold the Promoter, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any and all liability for all demands, loss, liability, claims or expenses (including legal fees) incurred by you or caused to third parties by you, arising out of your attendance at the Festival or any breach by your of the terms and conditions of this Agreement.