TERMS & CONDITIONS OF SALE AND ADMISSION
PARADISE MUSIC FESTIVAL 2016
These terms and conditions apply to the sale of tickets (“Tickets”) and admission to ‘Paradise Music Festival 2016’ (the “Festival”) operated by Paradise Pty Ltd (ABN 58 600 733 275) (the “Organiser”) to be held on Lake Mountain Alpine Resort (the “Festival Grounds”).
These terms and conditions must be read in conjunction with:
Additional information found on the Organiser’s website www.paradisemusic.com.au (the “Website”);
The terms and conditions of Lake Mountain Alpine Resort found at http://lakemountainresort.com.au/terms and the terms and conditions of Parks Victoria found at http://www.parkstay.vic.gov.au/terms-and-conditions (together the “Parks Conditions”);
Statements and directives found on Tickets to the Festival; and
Signage at the Festival Grounds
(collectively the “Terms and Conditions”).
By purchasing or otherwise using a Ticket to attend the Festival, 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 or accept a Ticket to the Festival, or attend the Festival. The Organiser reserves its rights to alter the Terms and Conditions at any time without notice and it is your duty to check the Website or at the Festival Grounds for posted changes.
TERMS AND CONDITIONS
Tickets and Entry
Tickets are to be purchased online via http://events.ticketbooth.com.au/event/PARADISEMUSICFESTIVAL and will be sent electronically to the email address nominated at the time of purchase.
You will not be permitted entry to the Festival Site unless you present a printed ticket or PDF ticket on your mobile phone for validation at the gate.
You must present valid photo ID at the gate. Any inaccuracies in either your Ticket or your photo ID which prevent us from identifying you as the owner of the Ticket, may result in you being refused entry to the Festival.
You must be 18 years of age or older to attend the Festival. No refunds will be given to Ticket Holders who are unable to attend the Festival due to being underage.
The Organiser reserves the right to:
Search your person and/or your possessions and/or your motor vehicle before allowing entry to the Festival or at any other time. Refusal to consent to a search will result in immediate refusal of entry or removal from the Festival Grounds without refund.
Confiscate any Prohibited Items found in your possession and/or refuse you entry to, or remove you from, the Festival Grounds if you are found with Prohibited Items in your possession. “Prohibited Items” include bottles, glass, weapons, gas bottles, lasers, fire works, pyrotechnics, flares, animals, illicit drugs and any object that the Organiser considers may be used in a dangerous or offensive manner. Prohibited Items that are confiscated will not be returned.
Report any possession of Prohibited Items to Victoria Police.
Refuse entry to, or remove from the Premises, any person behaving in an intoxicated, antisocial, disorderly, aggressive, offensive or dangerous manner or in any manner which would be a potential threat to security or the smooth operation of the Festival, without refund. This includes, without limitation, any person who is involved in crowd surfing, moshing or slam or circle dancing.
Refuse entry to, remove from the premises, and/or report to Victoria Police any person found to be in possession of, or apparently under the influence of, illicit drugs.
Upon validation of your ticket, you will issued a wristband (the “Wristband”) which you must wear on your wrist at all times during the Festival. The Organiser reserves the right to refuse entry to, or remove, any person not wearing a Wristband on their wrist.
You may not, without the prior consent of the Organiser:
Resell or offer to resell a Ticket for a price higher than the original sale price, including via online auction;
Use a Ticket for advertising, promotional or other commercial purposes, including by offering a Ticket as a giveaway or prize for a competition or trade promotion; and/or
Use a Ticket in any other way to enhance the demand for other goods or services, whether they are yours or those of a third party.
Refunds and Replacement Tickets
The Organiser will not replace lost, destroyed, damaged or stolen Tickets.
A change in your personal circumstances does not entitle you to a refund.
The Organiser reserves the right in its sole discretion to change the Festival artist line-up, the Festival dates and/or venue, Grounds, 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 Organiser will not be required to provide refunds or other compensation to Ticket Holders if the Facilities and Attractions are changed.
The Organiser will not provide any refunds or other compensation to Ticket Holders due to poor weather prior to, during or after the Festival.
The Organiser reserves its rights to cancel the Festival at any time due to a Force Majeure Event, which in the Organiser’s sole discretion makes it logistically impossible to continue to operate the Festival. “Force Majeure Event” shall 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.
Refunds are only available if the Organiser cancels the Festival entirely. In the event the Organiser cancels the Festival in accordance with its rights under paragraph 12 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).
Conduct of Ticket Holders
You must follow the directions of the Organiser and its staff (“Festival Staff”), police and emergency services personnel at all times during the Festival.
You are not permitted in the VIP, backstage or media areas unless you have the written prior permission of the Organiser.
You must read and adhere to the Festival Grounds safety requirements as specified on signage at the Festival (“Safety Requirements”). If you do not understand any Safety Requirements, please see Festival Staff for clarification.
As the Festival Grounds are on Lake Mountain Alpine Resort and may be located within the Yarra Ranges National Park, you must adhere to the Parks Conditions at all times. In addition to its rights under clause 5, the Organiser reserves its right to remove a person who is in breach of the Parks Conditions from the Festival Grounds, in addition to any consequences imposed by Lake Mountain Alpine Resort and/or Parks Victoria.
The Festival operates under a total fire ban. Under no circumstances are open flames allowed on the Festival Grounds. In addition to its rights under clause 5, the Organiser reserves the right in its sole discretion to remove anyone who does not comply with the total fire ban.
The Organiser uses the brand ‘Paradise’ as a trade mark and is the exclusive owner of 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 Organiser.
Audiovisual recordings of the Festival are prohibited (“Unauthorised Recordings”). Should you make any Unauthorised Recordings, you agree that upon making those recordings, all copyright in the Unauthorised Recordings shall vest in and otherwise be assigned to the Organiser. You further warrant that you shall not use the Unauthorised Recordings in any manner whatsoever. Unless you have been restricted by any other agreement, 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 Organiser.
By purchasing a Ticket and/or attending the Festival, you consent to photos, videos and other recordings being taken of you and used by the Organiser for marketing, promotional and other purposes in its discretion (“Official Content”). You agree to assign in writing (in a format to be produced by us) to the Organiser all present and future rights in the entire copyright (including rights as a performer) in the Official Content throughout the world in all media in perpetuity.
Safety, Loss and Damage
By purchasing a Ticket and/or attending the Festival, you accept the risks and dangers inherent in a music festival including without limitation the risk of serious injury and death, and you acknowledge that it is your responsibility to take steps to protect your own safety and handle challenging situations that may present themselves. If you choose to attend the Festival, you do so at your own risk, waiving and forgoing any rights to make any claims for loss and injury.
You must not cause damage to, improperly use, remove, steal or tamper with any public facility or Festival infrastructure (“Festival Property”). You agree that you will be fully liable for any loss or damage to Festival Property or other damage caused by you.
To the fullest extent permitted by law, the Organiser does not accept liability of any nature for the acts, omissions or default of the Organiser or of any third parties providing services in connection with the Festival or any liability for any death, injury, damage, loss, delay or additional expenses which may be incurred by you at or in association with the Festival.
The Organiser 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, including property which is left on the Festival Grounds following an emergency evacuation.
The Organiser 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 (defined above in clause 12), cancellation of the Festival due to a Force Majeure Event or shortening of the Festival due to a Force Majeure Event.
Without limiting the generality of any of the foregoing:
Appropriate footwear and clothing must be worn at all times on the Festival Grounds.
It is your responsibility to determine whether or not you should use noise-reducing ear plugs, which are available free of charge from the Information Desk. The Organiser takes no responsibility whatsoever for any death, injury, loss or damage caused by excessive noise at the Festival.
You understand that special effects, including strobe lighting, smoke machines and flashing lights (“Special Effects”) will be present at some performances. The Organiser takes no responsibility whatsoever for any injury, loss or damage caused by exposure to Special Effects at the Festival.
The Organiser reserves the right to arrange for medical treatment and/or emergency evacuation of any person on the Festival Grounds if the Organiser in its sole discretion deems it necessary for the person’s safety or the safety of others. You consent to the Organiser giving you emergency medical assistance when required.
You agree to indemnify and hold the Organiser, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from:
Any demands, loss, liability, claims or expenses (including consequential loss and legal fees on a full indemnity basis) made against the Organiser by you or 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.
Any demands, loss, liability, claims or expenses (including consequential loss and legal fees on a full indemnity basis) 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.
Any damage or loss (including consequential loss and legal expenses on a full indemnity basis) suffered or incurred by the Organiser resulting from, arising out of or relating to, your attendance at the Festival or you breaching the terms of this Agreement.