TERMS AND CONDITIONS OF TICKET SALES AND ENTRY – BALLISTA FESTIVAL 2024
These Terms and Conditions govern the purchase of tickets and admission to Ballista Festival 2024 (the Event) organized and promoted by Ballista Events ABN 69 98 17 67 3 80 (we), scheduled between December 6-8, 2024 (Event Dates) at 1939 Delacombe Way, Tatyoon (the Event Grounds).
By purchasing a ticket or attending the Event, you (you) agree to abide by these Terms and Conditions and any other guidelines posted on the Website. If you do not agree to these Terms and Conditions and Guidelines, please refrain from purchasing a ticket or attending the Event.
We reserve the right to modify these Terms and Conditions at any time without prior notice, and such changes will be published on the Website. It is your responsibility to review any updates to these Terms and Conditions on our Website, and by attending the Event, you agree to accept any such modifications.
TERMS AND CONDITIONS
1. You must be at least 18 years of age to attend the Event. We reserve the right to ask you for proof of identification and age, so please ensure you bring your driver’s licence, passport or state-issued proof of age card. If you are unable to provide proof of identification and age, we reserve the right to evict you from the Event Grounds.
2. To attend the Event, you must show a valid ticket (Ticket). You must show your Ticket as a printed ticket or display your Ticket (including barcode) on your mobile device for validation at the Event gate (Gate).
3. Tickets can be purchased via Shopify. We reserve the right to enforce ticket purchase limits, and any tickets purchased by one purchaser over any limit imposed by us may be cancelled at our discretion.
4. Purchasing a Ticket entitles you to attend the Event on the dates and between the times specified on your Ticket.
5. Upon showing your valid Ticket at the Gate, you will be provided with a wristband (Wristband). You must always wear your Wristband during the Event and will be asked to leave the Event, if you are not wearing a Wristband.
6. Tickets are transferable at the sole cost of the ticket holder and at face value only. Tickets can only be re-sold via Tixel. We may cancel a Ticket if it is re-sold in a manner not authorised by us.
7. We will not replace lost, destroyed, damaged or stolen Tickets.
Refunds
8. We do not provide refunds for ‘change of mind’. Unless otherwise required by law and without limiting your rights as a Consumer under the Australian Consumer Law (refer to clause 29 below), Ticket sales are strictly non-refundable.
9. We reserve the right in our sole discretion to make changes to the Event, without prior notice to you, including without limitation the venue, date, programme, line-ups, amenities, facilities, and Event start and finishing times (Event Details). Subject to your rights as a Consumer under the Australian Consumer Law, we are not required to provide refunds or other compensation to you if the Event Details change.
10. We may cancel the Event due to reasons outside our reasonable control, such as fire, flooding, poor weather conditions, venue changes, rulings by federal and state governments, local council, police or other authorities (a Force Majeure Event).
11. Subject to your rights as a Consumer under the Australian Consumer Law, if the Event is cancelled on the Event Dates due to a Force Majeure Event, we will not provide a refund (or partial refund).
12. We will not provide a refund if you are refused entry to the Event or evicted from the Event for breaching these Terms and Conditions.
Conduct and Prohibited items
13. We encourage you to foster a sense of community, respect, and inclusion at the Event. For the safety of everyone attending, please adhere to our Guidelines and follow the instructions of our Representatives throughout the Event.
14. Certain items and behaviors are strictly prohibited at the Event, as determined at our sole discretion. Prohibited items include glass, pets (except for registered guide dogs), weapons, hazardous materials, fireworks, flares, generators, cooking equipment, N2O chargers, illicit drugs, and illegal substances (collectively referred to as Prohibited Items). Prohibited behaviours encompass stealing, harming the environment, trespassing, lighting fires, disrupting local communities, damaging the Event Grounds or equipment, engaging in anti-social, aggressive, or harassing conduct, and failing to comply with COVID-19 safety protocols (collectively referred to as Prohibited Behaviour).
15. We reserve the right to:
a. Refuse entry to the Event if you have violated the Terms and Conditions or otherwise pose a security threat;
b. Search your person, vehicle, and possessions before granting entry or while you are on the Event Grounds and refuse entry or remove you from the Event if you decline to consent to a search.
c. Deny entry to the Event or remove you from the Event Grounds if you are found in possession of Prohibited Items;
d. Confiscate any Prohibited Items found in your possession at the Event, with the understanding that we do not guarantee the safe return of such items and are not liable for any loss or damage resulting from the confiscation.
e. Refuse entry to the Event or remove you from the Event Grounds if you are found engaging in Prohibited Behaviour.
16. Your Ticket grants you access only to the areas designated by signage at the Event. Ignoring these boundaries will be considered trespassing and may result in your removal from the Event Grounds.
17. Please respect the local community and environment. Travel to and from the Event in an orderly and considerate manner, tread lightly, and leave no trace.
Intellectual Property and Recordings
18. As a condition of attending the Event, you irrevocably consent to us and our Representatives taking photos, videos, and other recordings of you at the Event (Recordings). You also grant us the right to use these Recordings in all media, worldwide, in perpetuity, on a royalty-free, sub-licensable, and transferable basis for our business purposes, including promoting the Event.
19. All media personnel must obtain our prior written approval to enter the Event Site. Professional audio-visual equipment is prohibited at the Event unless you have received our prior written approval.
Risks
20. You acknowledge that while we (and our Representatives) take all reasonable steps to ensure the safety of the Event and Event Grounds, there are inherent risks associated with attending the Event.
21. You acknowledge that participating in the Event is entirely at your own risk and warrant that you have no medical, physical, or other conditions that could affect your ability to participate safely.
22. In the event of injury or illness, we may arrange medical treatment and emergency evacuation if deemed necessary for your safety and welfare. Any associated costs will be your responsibility.
Liability
23. You maintain all rights as a Consumer under the Australian Consumer Law when purchasing Tickets for the Event. These Terms and Conditions do not restrict or exclude any of your rights under the Australian Consumer Law (including any consumer guarantees) or other non-excludable conditions provided by law.
24. Subject to clause 29, you agree:
a. We (and our Representatives) disclaim all liability and exclude all liability (whether arising under contract, tort, equity, statute, or otherwise) for any Loss you may incur in relation to attending the Event.
b. We (and our Representatives) disclaim all liability and exclude all liability (whether arising under contract, tort, equity, statute, or otherwise) for any Loss you may incur due to any act or omission by our Representatives assisting us in organizing the Event.
c. By attending the Event, you release us and our Representatives from all Claims (whether arising under contract, tort, equity, statute, or otherwise) that you may have against us and our Representatives in connection with the Event.
General
32. This Agreement constitutes the entire agreement between the parties and replaces all previous discussions, understandings, and agreements regarding the subject matter covered by these Terms and Conditions.
33. This Agreement is governed by the laws of Victoria, Australia. The parties agree to submit exclusively to the jurisdiction of the courts of Victoria, Australia.
34. In these Terms and Conditions:
a. Words like "including" or "for example" do not restrict the meaning of the words preceding them;
b. If a word or phrase is defined, its other grammatical forms carry the same meaning;
c. A party includes its successors, permitted transferees, and assigns. If a party is an individual, it includes executors and personal legal representatives.
d. No provision of this agreement will be interpreted to the detriment of a party simply because that party prepared the agreement or included the provision in it.
35. In these Terms and Conditions, the following definitions apply:
a. "Australian Consumer Law" refers to Schedule 2 of the Competition and Consumer Act 2010 (Cth).
b. "Claim" encompasses any allegation, debt, cause of action, liability, proceeding, suit, or demand of any kind, whether present or future, fixed or unascertained, actual or contingent, under law, equity, statute, or otherwise.
c. "Consumer" holds the same meaning as defined under the Australian Consumer Law.
d. "Loss" includes any direct or indirect loss, cost, expense (including legal costs on a full indemnity basis), or damage, whether present or future, fixed or ascertained, actual or contingent, arising under contract, tort, common law, equity, statute, indemnity, or otherwise.
e. "Representative" denotes any individual acting on behalf of us, including directors, officers, employees, agents, contractors, subcontractors, or volunteers.