YOURS AND OWLS FESTIVAL
TICKETING AND EVENT – TERMS AND CONDITIONSThe terms and conditions set out below constitute a binding agreement between Yours & Owls Events Pty Ltd (ACN 631 645 291) of 228 Keira Street, Wollongong NSW 2500 (“Yours & Owls”) and the person holding or using a ticket (“Event Ticket”) to the event ‘Yours and Owls’ (“Event”) at Stuart Park, Wollongong (“Venue”) on irrespective of whether the ticket was purchased by the person holding or using the Event Ticket (you or your). These terms and conditions should be read in conjunction with all statements and directives shown or displayed at the point of sale or by the ticketing platform, on your Event Ticket, on-site at the Event, on the Yours & Owl’s website and social media pages, or otherwise communicated by Yours & Owls from time to time (together, the “Event Terms”). “Event Staff” includes the Yours & Owl’s directors, partners, officers, employees, contractors, agents, volunteers, as well as any Venue staff. BY PURCHASING AN EVENT TICKET, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE EVENT TERMS AND AGREE THAT YOU WILL BE BOUND BY THOSE EVENT TERMS AS AMENDED FROM TIME TO TIME.
1. Purchase of Tickets1.1. Yours & Owls uses the third parties ‘Moshtix’, ‘Festicket’ and ‘Giggedin’ as intermediaries to sell Event Tickets. No other third party is authorised to sell Event Tickets. Ticket sales may be subject to the terms and conditions of these third parties (including as to payment methods and charges), and you are solely responsible for paying any and all booking fees and charges in connection with the sale, including but not limited to transaction and processing fees, such as credit card fees (which for the avoidance of doubt are additional to the advertised ticket price). 1.2. Event Tickets may only be resold by you via the Moshtix Resale facility. Event Tickets may not, without the prior written consent of Yours & Owls, be re-sold or offered for resale (including via Viagogo, Ticketmaster Resale and The Ticket Merchant) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket is sold or offered for re-sale or used in breach of this condition, the Event Ticket will be invalid and the holder of the Event Ticket may be refused admission or evicted from the Event. 1.3. Yours & Owls reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person, and any Event Tickets obtained above such limit by any one person will be invalid.
2. Conditions of Entry To EventTickets
2.1 Entry to the Event will be granted upon presentation of a valid Event Ticket at the Venue.
2.2 Event Tickets, or any other entry pass provided by Yours & Owls in exchange for Event Tickets (e.g. wristbands) must be treated like cash. Event Tickets and/or entry passes that are lost, stolen, destroyed, tampered with, defaced, or damaged will be rendered invalid and will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Any person found without a valid Event Ticket or entry pass may be evicted from the Event by Yours & Owls or Event Staff.
2.3 You are responsible for checking all information provided by You at the time of purchase. Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event, Event Staff will check your Photo ID (see clause 2.7 below), to ensure the name on your Photo ID matches the name on, or registered to, your Event Ticket. If the name on, or registered to, your Event Ticket does not match the name on your Photo ID, your Event Ticket will be invalid and you will be refused entry to the Event. The name on your Event Ticket, or the name to which your Event Ticket is registered, may be changed via your Moshtix account. Please note changes may be subject to payment by you of an additional fee.
2.4 Any complimentary Event Tickets provided by Yours & Owls may not, without the prior written consent of Yours & Owls in each instance, be sold, transferred or used by anyone other than the person to whom Yours & Owls issued the ticket.
2.5 Unless otherwise provided for in these Event Terms or required by law, Event Tickets are not exchangeable or redeemable for any other event, or any other consideration, monetary or otherwise.Minimum Age
2.6 Entry to the Event is restricted to attendees eighteen (18) years of age (“Minimum Age”) or older.
2.7 You must provide photographic identification (“Photo ID”) to the satisfaction of Yours & Owls and/or Event Staff to verify that you are the Minimum Age. You may also be required to provide Photo ID at various times during the Event. Accepted forms of Photo ID is as follows:
- driver or rider licence or permit issued by an Australian State or Territory or any foreign country
- NSW Digital Driver Licence
- Australian or other passport
- NSW photo card
- Proof of age card issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person’s identity and age
- Keypass (over-18) identity card issued by Australia Post
2.8 It is a condition of entry to the Event that a search of you and/or your possessions be conducted at the time of entry to the Venue and at other times if requested by Yours & Owls or Event Staff. This may include, but is not limited to, bag checks, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to or evicted from the Event
3. Special COVID-19 ConditionsCOVID-19 Entry Conditions
3.1 You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (“COVID- 19”). By entering the Event, you warrant that:
- You do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you have contracted COVID-19;
- You have not knowingly been in contact with a person who: has tested positive for COVID-19 in the last fourteen (14) days or has reason to believe they have contracted COVID-19;
- You have not returned from international travel in the last fourteen (14) days;
- You are not any of the following symptoms (Potential COVID-19 Symptoms): -a cough -fever -shortness of breath -sore throat -sneezing and runny nose -muscle or joint pains -nausea, diarrhoea, or vomiting -temporary loss of smell or taste, altered sense of taste -loss of appetite and fatigue -any other cold or flu-like symptom associated or linked with COVID-19.
3.2 You acknowledge that as a condition of your entry, Yours & Owls may collect personal information for the purposes of contact tracing and complying with COVID-19 related legislation, regulations and health orders. You warrant that any personal information provided by You to Yours & Owls is correct. Yours & Owls will hold this information in accordance with Privacy Act 1988 (Cth). COVID-19 Event Conditions
3.3 If, at any time during the Event, you experience any Potential COVID-19 Symptoms, you will immediately report to Event Staff and follow any reasonable directions given by Event Staff or other health professional. You acknowledge and agree that if you may be evicted from the Event.
3.4 Whilst awaiting entry to the Event, attending the Event and exiting the Event, you agree to comply with any physical distancing orders or other health orders in force at the time of the Event for the purposes of preventing the spread of COVID-19 and any reasonable directions or instructions given by Yours & Owls in relation to the same. COVID-19 Post-Event Obligations
3.5 After leaving the Event, you warrant that you will comply with any legislation, regulation, health order or government recommendation in place for the purposes of preventing the spread of COVID-19.
4. Compliance with Laws and Directions
4.1 You must follow all reasonable directions of Yours & Owls and Event Staff, including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws), including all reasonable directions given in relation to limiting the spread or impact of COVID-19.
4.2 Yours & Owls may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of Yours & Owls in connection with the Event.
4.3 In the case of an emergency or injury, you must follow all official directions of or authorised by Yours & Owls, security staff and emergency services personnel.
5. Refusal of entry or eviction from Event
5.1 Yours & Owls reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Event Site that: fails to comply with the Event Terms; is not over the Minimum Age; is unable to provide valid and current Photo ID; appears to be unwell or is showing symptoms (including mild presentations) of a contagious disease (including COVID-19); engages in any illegal activity or behaviour or any activity or behaviour deemed in Yours & Owls’ absolute discretion to be unsafe, disorderly or antisocial, including without limitation being intoxicated or affected by alcohol or drugs; crowd surfing, moshing or stage diving; entering or attempting to enter: non-public or designated no access areas of the Venue or areas of the Venue to which your Event Ticket does not permit access, or Restricted Capacity Areas where you are not permitted to do so; climbing the staging, rigging or other structures at the Venue; causing damage to property or goods; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner, or for any other reason in Yours & Owls’ absolute discretion.
6. Prohibited Items
6.1 Yours & Owls and Event Staff may confiscate any Prohibited Items or any other items which Yours & Owls, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed. You are found in possession of any Prohibited Item, you may be refused entry or evicted from the Event.
6.2 “Prohibited Items” include, without limitation; food (exceptions will be made in the case of allergies or medical conditions); soft drinks, cans bottles or any other non-alcoholic beverages (subject to clause 6.4 below); alcohol; illegal substances including drugs or drug paraphernalia; knives; weapons of any kind including potential missiles and any studded or spiked items such as belts, wristbands or large chains; flares, fireworks, sparklers or explosives; glass or metal items (including cutlery); eskies, flasks or thermoses; portable or disposable BBQs; picnic baskets; compressed gas containers; fires or open flames or any kind; any flags or banners; political, religious, offensive or race-related materials; club patches or jackets; furniture or umbrellas, chairs, tents, sun shelters, marquees; prams; inflatables including furniture and beachballs; selfie sticks; flares, fireworks or sparklers; air horns, whistles, horns or musical instruments; sound amplifiers including loudhailers, sound systems or public address systems; toy guns or water pistols; smoke bombs and flag sticks; aerosol cans; professional photography or recording equipment (subject to clause 7 below); drones or other remote flying devices; dogs or other pets (excepting guide dogs or other service animals – subject to the prior approval by Yours & Owls); laser pointers or lights; balls or sporting equipment; skateboards, roller blades, skates, scooters, bicycles and hover- boards; bags over the size of an A4 piece of paper (30cm x 20 cm); or any other items considered by Yours & Owls or Event Staff to be dangerous, capable of causing public nuisance or that may interfere with the enjoyment or comfort of other persons or security at the Venue.
6.3 If you have any medical or mobility equipment necessary for your health that may otherwise be considered a Prohibited Item, please bring this to the attention of Yours & Owls or Event Staff prior to entry to the Event.
6.4 You may bring one empty re-usable drink bottle into the Event that may be refilled with water at drinking stations, save that the water bottle must have a maximum capacity of one (1) litre unless Yours & Owls determines in its absolute discretion that the water bottle would be dangerous, capable of causing public nuisance or that may interfere with the enjoyment or comfort of other persons or security at the Venue.
7. Photographing and/or recording of the Event
7.1 Personal digital cameras (including smartphones) are permitted at the Event, but professional photography equipment (including, but not limited to telephoto lenses, any lens over 20cm or any detachable lens) is not permitted at the Event without media accreditation issued by Yours & Owls. Yours & Owls shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment. Photos of artists, musicians and/or the Event are permitted only on the basis that images are only used for private and personal use; and are not made available for sale and/or public display, or otherwise commercially exploited.
7.2 Recording or filming the Event is strictly prohibited. Yours & Owls reserves the right to confiscate and/or delete any footage, recordings and/or photographs created by unauthorised or prohibited recording, filming or photography, and to evict any person from the Event found to be recording or filming in contravention of this clause.
8. Recording and Photographing of the Event by Yours & Owls
8.1 You consent to being included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of Yours & Owls (“Materials”). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to Yours & Owls any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you. You acknowledge and agree that Yours & Owls may exploit the Materials in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of Yours & Owls or third parties), free from any claims whatsoever from you. You irrevocably waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to Yours & Owls, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.
9. Restricted Capacity Areas
9.1 You acknowledge that Yours & Owls may set restrictions on the number of people that can attend certain areas of the Venue, such as within buildings or structures, within enclosed areas or at stages (“Restricted Capacity Areas”), including for health and safety reasons. Once the maximum capacity, as determined by Yours & Owls in its absolute discretion, at any Restricted Capacity Area has been reached, Yours & Owls or Event Staff may prevent further admissions to the Restricted Capacity Areas.
9.2 Your purchase of an Event Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached. If you attempt to enter or enter a Restricted Capacity Area where you are not permitted to do so, you may be evicted from the Event.
10. Alcohol, Smoking, Drugs and Illicit Substances
10.1 The Event is fully licensed. You must not bring alcohol into the Venue. Only alcohol purchased from bars at the Event may be consumed at the Venue. You must be aged 18 years or over to purchase and/or consume alcohol and you must provide Photo ID to verify that you are aged 18 years or over in order to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Event and Yours & Owls may report your conduct to the police.
10.2 Yours & Owls may make available designated smoking areas in their sole discretion. Smoking is only permitted in designated smoking areas. Any person found smoking at the Event (other than in a designated smoking area) may be evicted from the Event.
10.3 If you are found supplying, consuming or in possession of illicit drugs or illegal substances by Yours & Owls or Event Staff, you will be refused entry or evicted from the Event and Yours & Owls may notify the police.
11. Clothing, footwear, and signage
11.1. Appropriate clothing and closed footwear must be worn at all times at the Venue. Any person wearing high heels, studded clothing, or other clothing items which pose a safety threat or may otherwise cause offense, in Yours & Owls’ sole discretion, may be refused entry or evicted from the Event.
11.2. You are not permitted to display any trading signs at the Event Site without prior written consent of Yours & Owls.
11.3. Due to the noise levels at the Event Site, Yours & Owls recommends that you wear ear plugs at all appropriate times during the Event.
12. Conduct during the EventMovement around the Venue
12.1 You must take reasonable care when moving around, or traversing, the Venue. You must move (whether on foot, in a wheelchair or otherwise) in an orderly fashion, in accordance with the directions of Yours & Owls and Event Staff, and you must not do anything that may hinder, or prevent, the safe passage of other patrons or Event Staff at the Venue or the surrounding areas (including entering and exiting the Venue). Where maps of the Venue are made available by Yours & Owls, you should familiarise yourself with the layout of the Venue, including the location of any emergency exits and facilities, to assist with moving around the Venue safely in the event of an emergency.
12.2 Yours & Owls will endeavour to make the Venue accessible for those using wheelchairs, mobility scooters or with a disability; however you acknowledge that the Venue has pre-existing natural terrain and pre-existing structures and facilities, and in some cases it may be impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Venue accessible for all patrons. By purchasing an Event Ticket, you acknowledge and understand that some public areas of the Venue may not be accessible by all patrons. If you have any concerns about the accessibility of the Venue, please contact Yours & Owls prior to the Event for more information.
Injury or illness
12.3 In the event of injury or illness Yours & Owls or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of Yours & Owls or Event Staff) for your health and safety, or for the health and safety of other persons at the Event.
12.4 There are no pass-outs or re-entries for the Event for any reason whatsoever. Once you leave the Venue, you will not be permitted to re-enter. Environment and facilities
12.5 Please be respectful of the environment and place any litter in the recycle or other bins provided around the Venue. You must not damage, improperly use or tamper with any property or facility at the Venue, or intentionally or recklessly cause any damage or interference to plants or animals at the Venue or in the area surrounding the Venue. Swimming Not Permitted
12.6 In the event that there are any rivers, lakes, streams, water courses, dams, pools or any other bodies of water at or around the Venue, swimming is not permitted.Cashless Event
12.7 The Event may be operated as a cashless event. If so, a wristband will be applied to your wrist upon entry to the Event, which will contain a unique RFID electronic chip. You will need to load credit onto your wristband at top up stations to purchase drinks, food, merchandise or other items.
12.8 Any funds leftover on your wristband will be fully refundable provided that you request a refund within seven (7) days of the date of the Event.
12.9 You acknowledge and agree that you will responsible for any loss or damage arising from your incorrect use or loss of the wristband provided to you.
13. Weather conditions
13.1 The Event is an all weather event and will take place rain, hail or shine (unless Yours & Owls determines otherwise in its absolute discretion). You should be prepared for all weather conditions.
14. Leaving the Event Site
14.1 At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. Yours & Owls will not be responsible for any of your property left at the Venue and Yours & Owls may discard, sell or donate to charity any property left at the Venue following the conclusion of the Event.
15. Refund and Cancellation Policy
15.1 To the extent permitted by law and subject to these Event Terms, Yours & Owls reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, the entry and exit times, the amenities, the facilities, the attractions, and the entertainment at its discretion without prior notification, subject to these Event Terms. You acknowledge that Yours & Owls does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties by Yours & Owls regarding the above in connection with your purchase of an Event Ticket.
15.2 Yours & Owls may deny admission to the Venue (including admission to a particular performance or area in the Venue) in accordance with the Event Terms or otherwise in its absolute discretion.
15.3 Except where required by law or otherwise provided under these Event Terms, there will be no refund of any Event Tickets or for any unused portion of an Event Ticket. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or evicted from the Venue by Yours & Owls or Event Staff in accordance with the Event Terms, if you fail to attend the Event, if you arrive after the commencement of the Event, or if you leave the Venue prior to the conclusion of the Event.
15.4 If the Event cannot take place (in whole or in part) due to an event, circumstance, or situation outside of Yours & Owls’ reasonable control (including but not limited to any act of God, global pandemic, natural disaster, fire, flood, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action, or cancellation by the Venue owner, lessee or controller) (“Force Majeure Event”) then Yours & Owls may, at their sole discretion: (4.a) Postpone Event. If the Event is postponed, you will be entitled to request a refund provided such request is made within fourteen (14) days of the public announcement of the new Event date. For the avoidance of doubt, refunds will not be provided automatically in the event of postponement and you will not be entitled to a refund if you fail to make a request within the required fourteen (14) day period. You must follow the instructions provided by Yours & Owls to request a refund under this clause 14.4(a). (4.b) Cancel the Event. If the Event is cancelled by Yours & Owls due to a Force Majeure Event, then Yours & Owls will grant a refund available from the point of purchase. You should direct any queries in relation to a refund under this clause 15.4(b) to Moshtix (at email@example.com).
15.5 The parties acknowledge that COVID-19 is impacting various regions globally. The parties agree that where it is impossible or unreasonably impractical for the Event to take place due to any cause or event in connection with COVID-19, it shall be treated as a Force Majeure Event in accordance with clause 15.4, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of purchase of the Event Ticket.
16. Voluntary Assumption of Risk
16.1 Entry to the Venue is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury or illness (including but limited to any injury or illness related to or caused by COVID-19) and damage to you and your property. By attending the Event and entering the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Event.
16.2 You shall be responsible for the safety and security of all your belongings brought into the Venue. Yours & Owls accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event.
17. Release and Indemnity
17.1 The Event is provided ‘as is’ and to the extent permittable by law, Yours & Owls makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event. Without limiting the foregoing, you agree and acknowledge that Yours & Owls may need to make significant changes to the Event in response to COVID-19 and to comply with any legislation, regulation, health order or other government direction or recommendation in place to prevent the spread of COVID-19 and that these changes may occur after you purchase your Event Ticket.
17.2 Subject to the preceding clause and to the maximum extent permitted by law, Yours & Owls; Event Staff; the owners, lessees and controllers of the Venue; and the respective members, directors, officers, employees, volunteers, contractors, agents or related entities of the aforementioned (“Released Parties”) are not responsible for and exclude all liability for any loss, damage, personal injury, death (even if Yours & Owls has been advised of the possibility of such loss or damage, or the possibility of such loss or damage was otherwise foreseeable); whether direct, indirect, special or consequential; and whether or not under Yours & Owls’ reasonable control; arising in any way out of (A) the performance or non-performance by Yours & Owls of any part or whole of these Event Terms (including any liability under contract or tort) or (B) your purchase of an Event Ticket and/or attendance at the Event; including but not limited to (i) damage to your or any other person’s computer or device resulting from purchase of an Event Ticket (ii) any theft, loss or damage to your property (including motor vehicles) at the Event (iii) any variation to the Event as stated in these Event Terms; (iv) your choice to consume any alcoholic beverages or participate in any activities at the Event; (v) any other loss or damage caused by the your negligence or the unforeseeable actions of other patrons.
17.3 Notwithstanding anything else in these Event Terms, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, Yours & Owls’ liability for breach of any term, condition, warranty, statement, or assurance contained or related to these Event Terms is limited to the retail value of the Event Ticket. Where permitted under the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (Australian Consumer Law), Yours & Owls limits its liability in respect of breach of any statutory guarantee under the Australian Consumer Law in the manner set out in section 64A(2)(b) of the Australian Consumer Law.
17.4 By purchasing an Event Ticket, you indemnify the Released Parties from and against any loss or damage, including without limitation all legal costs and expenses or liability incurred by any of the Released Parties arising from any claim, demand, suit, action or proceeding against any of the Indemnified where such loss or liability arose out of or in connection with your wilful, negligent or reckless acts or omissions at the Event, or as a result of your breach of the Event Terms.
18. Variations to Event Terms
The Event Terms may varied from time to time by Yours & Owls in its absolute discretion (to the extent permitted by law). Any variations become effective immediately once the variation is published, displayed or otherwise communicated to you.
19. Novation or Assignment
Yours & Owls may novate or assign its rights and/or obligations under the Event Terms. Where the assignee or novatee assumes the rights and/or obligations of Yours & Owls under these Event Terms, Yours & Owls shall be released from all such rights or obligations.
If any provision or part of a provision of the Event Terms is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
21. Governing law
The Event Terms shall be governed by and construed in accordance with the laws of the state of New South Wales, Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts in that state.