PITCH MUSIC FESTIVAL 2019 TERMS AND CONDITIONS
The terms and conditions set out below (Terms and Conditions) constitute a binding contract between Pitch Music Festival Pty Ltd (ACN 613 493 968) of 801 Glenferrie Road, Hawthorn VIC 3122 (Promoter) and the person holding or using an Event Ticket to the event Pitch Music and Arts Festival (Event) at Moyston-Dunkeld Rd, Willaura North, Victoria 3379 (Venue) irrespective of whether the Event Ticket was purchased or acquired by the person holding or using the Event Ticket and applies to any subsequent holders or recipients of the Event Ticket (you or your).
Terms and Conditions are binding
Event Site, Camp Site and VIP Areas
You must have a valid Event Ticket to enter the area designated by the Promoter as the site for the Event (Event Site), you must have a valid Event Ticket with camping access to enter the area designated by the Promoter for camping located with the Event Site (Camp Site) and you must have a valid Event Ticket with VIP area access to access the area or areas designated by the Promoter as the VIP area or areas, if any (VIP Areas).
Compliance with Laws and Directions
You must follow all reasonable directions of the Promoter and any of its employees, personnel, agents, contractors and sub-contractors (Event Staff), including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event Site, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws and regulations and complying with total fire ban requirements).
The Promoter may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of the Promoter in connection with the Event.
In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Promoter, security staff and emergency services personnel.
Refusal of Entry or Eviction from Event
You must be aged 18 years or over to attend the Event. You must provide photographic identification documents being either an Australian driver’s licence, a Victorian learner’s permit, a Victorian proof of age card or an equivalent from another state or territory of Australia, a Keypass card or an Australian or foreign passport to the satisfaction of the Promoter and/or Event Staff to verify that you are aged 18 years or over and may be required to provide photographic identification documents at various times during the Event.
The Promoter 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 under the age of 18; is unable to provide valid and current photo ID that is sufficient, in the Promoter’s absolute discretion, to prove that the person is aged 18 or over; engages in any illegal activity or behaviour or any activity or behaviour deemed in the Promoter’s absolute discretion to be unsafe, disorderly or antisocial, including, but not limited to being intoxicated or affected by alcohol or drugs; crowd surfing, moshing or stage diving; entering non-public areas or designated no access areas of the Event Site or areas of the Event Site to which your Event Ticket does not permit access; climbing the staging, rigging or other structures at the Event Site; causing damage to property or goods at the Event Site; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner or for any other reason in the Promoter’s absolute discretion.
Entry to the Event Site will be granted upon presentation of a bar-coded Event Ticket. Your Event Ticket must be presented upon arriving at the Event Site where it will be exchanged for a wristband. The wristband must be worn at all times while you are at the Event Site.
Event Tickets and wristbands must be treated like cash. Event Tickets or wristbands that are lost, stolen, destroyed or damaged will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Wristbands that have been removed, tampered with, damaged or defaced will be rendered invalid and will not be replaced. Any person found without a wristband may be evicted from the Event Site by the Promoter or Event Staff.
You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.
Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event Site, Event Staff will check to ensure the name on your photographic identification documents 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 photographic identification documents, 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 by contacting the Promoter’s ticket resale merchant Eventbrite (Eventbrite’s contact details are available on its website www.eventbrite.com.au), subject to payment by you of any applicable fees charged by the ticketing merchant.
Any complimentary Event Tickets provided by the Promoter may not, without the prior written consent of the Promoter, be sold, transferred or used by anyone other than the person whose name is on the Event Ticket or to which the Event Ticket is registered.
Event Tickets may not, without the prior written consent of Promoter, be re-sold or offered for resale at a premium (including via online auction sites) 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 may be cancelled without a refund and the holder of the Event Ticket may be refused admission or evicted from the Event.
The Promoter reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person and may cancel any Event Tickets obtained above such limit by any one person.
Search on entry to Event Site
It is a condition of entry to the Event Site and Camp Site that a search of you and/or your possessions be conducted at the time of entry to the Event Site and Camp Site and at other times if requested by the Promoter or Event Staff. This may include, but is not limited to, bag checks, vehicle searches, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Event Site and/or Camp Site, or evicted from the Event Site.
The Promoter and Event Staff may confiscate any Prohibited Items or any other items which the Promoter, 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 and proceeds from confiscated items (if any) will be donated to a charity or charities of the Promoter’s choice.
The following items are prohibited and must not be brought into the Event Site (Prohibited Items):
- Glass of any kind (including but not limited to bottles, jars and drinking glasses)
- Illegal or illicit substances
- Weapons of any sort including tasers and pepper spray
- Items capable of being used as a projectile
- Baseball bats and cricket bats or any similar item or equipment
- Animals (excluding service dogs such as guide dogs and police/emergency service dogs)
- Flares, fireworks, sparklers or fire twirling equipment
- BBQs, gas bottles and butane canisters or cylinders
- Fires and open flames of any kind
- Flammable items
- Large sound systems
- Portable laser pens/equipment
- Portable toilets
- Couches, armchairs or large items of furniture
- Studded clothing, footwear or accessories
- Audio or video recording devices (other than a mobile phone)
- Professional photography equipment (e.g. telephoto lenses; any lens over 20cm; any detachable lens or anything deemed by the Promoter to be professional photography equipment)
- Skateboards, scooters, rollerblades, roller-skates, bicycles, motorised vehicles or similar
- Any other dangerous, unsafe, illegal or offensive items
Areas at the Event Site may be designated as non-smoking areas and you must comply with any such designation. No smoking is permitted in any indoor or undercover area of the Event Site or in, or within 4 metres of any dining or food service area.
Photographing and/or recording of the Event
Personal digital cameras are permitted at the Event. Single-lens reflex (SLR) and digital single-lens reflex (DSLR) cameras are permitted at the Event Site, 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 the Promoter. The Promoter 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
- images cannot be made available for sale and/or public display.
Recording or filming the Event is strictly prohibited. The Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photographs created by unauthorised or prohibited recording, filming or photography.
Recording and Photographing of the Event by Promoter
You consent to be included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of the Promoter (Materials). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to the Promoter any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for the Promoter to hold and exploit in any context 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 the Promoter or third parties), free from any claims whatsoever from you. You 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 the Promoter, 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.
Restricted Capacity Areas
You acknowledge that the Promoter may set restrictions on the number of people that can attend certain areas of the Event Site, such as within buildings or structures, within enclosed areas or at stages (Restricted Capacity Areas). Once the maximum capacity, as determined by the Promoter, at any Restricted Capacity Area has been reached, the Promoter or Event Staff may prevent further admissions to the Restricted Capacity Areas. An Event Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached.
The Event is fully licensed. If you are an Adult, you may bring alcohol onto the Event Site for your own personal consumption during the Event, provided that it is not in glass packaging and the quantity brought in is reasonable for your own personal consumption, or you may purchase alcohol from one of the designated bar areas at the Event Site. If the Promoter or Event Staff deem, in their absolute discretion, that the quantity of alcohol brought into the Event Site is in excess of what is reasonable for personal consumption or if the alcohol is in or includes any glass packaging, the Promoter or Event Staff may confiscate any alcohol as they deem appropriate in their absolute discretion. You must not take any alcohol that has not been purchased at one of the bars at the Event into the designated bar areas of the Event. Any person that is intoxicated may be evicted from the Event by the Promoter of Event Staff.
You must be an Adult to purchase and/or consume alcohol on the Event Site and you must provide photographic identification documents, being either an Australian driver’s licence, a Victorian learner’s permit, a Victorian proof of age card or an equivalent from another state or territory of Australia, a Keypass card or an Australian or foreign passport to the satisfaction of the Promoter or Event Staff 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 Minor you will be evicted from the Event Site and the Promoter may report your conduct to the police.
Food and non-alcoholic drinks
Food and non-alcoholic drinks may be brought into the Event Site. Cooking facilities will not be provided at the Event Site.
Drugs and illegal substances
You must not supply, consume or possess illicit drugs or illegal substances. If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Promoter or Event Staff, you shall be evicted from the Event Site and the Promoter may notify the police.
You are not permitted to display any trading signs at the Event Site without prior written consent of Promoter.
Clothing, footwear and ear plugs
Appropriate clothing and footwear must be worn at all times at the Event Site. Due to the noise levels at the Event Site, you should wear ear plugs or ear muffs at all appropriate times during the Event.
Movement around the Event Site
You must take reasonable care when moving around, or traversing the Event Site. You must move (whether on foot or in a vehicle) in an orderly fashion, in accordance with the directions of the Promoter and Event Staff, and you must not do anything that may hinder, or prevent, the safe passage of other patrons, Event Staff or emergency personnel at the Event Site or the surrounding areas (including entering and exiting the Event Site). Where maps of the Event Site are made available by the Promoter, you should familiarise yourself with the layout of the Event Site, including the location of any emergency exits, to assist with moving around the Event Site safely in the event of an emergency.
Injury or illness
In the event of injury or illness the Promoter or Event Staff may, at your expense arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of the Promoter or Event Staff) for your health or safety or for the health and safety of other persons at the Event.
Environment and facilities
Please be respectful of the environment and place any litter in the recycle or other bins provided around the Event Site. When you need to use the toilet, you must only use the public toilet facilities provided at the Event Site. You must not damage, improperly use or tamper with any public facility or infrastructure at the Event Site, or intentionally or recklessly cause any damage or interference to plants or animals at the Event Site or in the area surrounding the Event Site.
You enter the Event Site at your own risk, and you shall be responsible for the safety and security of all your belongings brought into the Event Site. The Promoter accepts no responsibility for any loss, damage or theft of or to your property at the Event
If you are arriving by vehicle, you must purchase a vehicle pass.
Camp Site and Event Site access
If you are the holder or user of an Event Ticket with Camp Site access, depending on the number of days of camping access the Event Ticket entitles you to, you will be able to camp at the Camp Site for up to four (4) nights and four (4) days from 12pm local time at the Event Site on 6 March 2020 until 2pm local time at the Event Site on 10 March 2020.
There shall be no entry into the Camp Site or Event Site prior to 12pm local time at the Event Site on 6 March 2020 and the Event Site must be vacated by 2pm local time at the Event Site on 10 March 2020.
The Promoter reserves the right to amend or vary the advertised camping configuration, capacity, the dates of the access to the Camp Site (without prior notification) and deny admission to the Camp Site in accordance with the Event Terms or for any other reason it the Promoter’s absolute discretion.
Selection of camping spot
On arrival at the Camp Site you may select your camping spot within the area designated by your Event Ticket (such as regular camping, glamping or VIP Areas), but you must be considerate of other campers and ensure that your camping spot is not on any roadway, walkway or emergency access lane and does not take up an unreasonable or excessive amount of space.
You must not camp in any area outside of the area in which your Event Ticket entitles you to camp. You must follow any directions from the Event Staff. Once parked, vehicles must not be moved for the duration of the Event. If your vehicle or your camping spot is on, or encroaches on, any walkway, roadway or emergency access lane, it may be towed or removed by or at the direction of the Promoter, at your expense.
If you wish to camp with friends, then you will need to arrive together. Each type of Event Ticket and with Camp Site access has a designated area within the Camp Site and you will only be able to camp in the designated area on your Event Ticket.
Noise shall not be permitted in the Camp Site after 12:00am (midnight) local time at the Event Site.
The Event is an all weather event and will take place rain, hail or shine (unless the Promoter determines otherwise in its absolute discretion). You should be prepared for all weather conditions (including while camping). The geographical area in which the Event is situated may be subject to extremes of temperatures, in particular high temperatures during the day, and low temperatures during the night.
Swimming Not Permitted
In the event that there are any rivers, lakes, streams, water courses, dams, pools or any other bodies of water at or around the Event Site, swimming is not permitted.
Leaving the Event Site
At the conclusion of the Event, you must remove all of your, belongings, camping equipment, rubbish, recycling and vehicles. The Promoter will not be responsible for any of property left at the Event Site and the Promoter may discard, sell or donate to charity any property left at the Event Site following the conclusion of the Event.
Disabled accessible camping
If you wish to purchase a disabled access camping spot at the Camp Site please email firstname.lastname@example.org. Please note you will be required to provide details of your Mobility Parking Scheme permit issued by a regulatory authority (or equivalent proof of impaired mobility) and bring the original permit (or equivalent proof) to the Camp Site for presentation upon entry to the Camp Site.
Refund and Cancellation Policy
The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, the date, the entry and exit times, the amenities, the facilities, the attractions, the entertainment, the Event Site and/or the Camp Site and/or the VIP Areas for the Event at its discretion without prior notification.
The Promoter may deny admission to the Event Site and/or Camp Site and/or VIP Areas (including admission to a particular performance at the Event Site) in accordance with the Event Terms or otherwise in its absolute discretion.
Except where required by law or in accordance with Live Performance Australia’s Ticketing Code Of Practice, 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 Event Site or Camp Site or VIP Areas by the Promoter 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, if you leave the Event Site prior to the conclusion of the Event, if you do not camp for the full period in which your Event Ticket entitles you to Camp Site access or if you purchase the incorrect type of Event Ticket.
If the Event is cancelled (in whole or in part) by the Promoter as a result of any act of God; extreme weather; bushfires; war; council or governmental rulings or decisions; actions or decisions of the police or other authorities; cancellation by the Venue owner, lessee or controller; or for any reason outside of the Promoter’s reasonable control, refunds shall be in the Promoter’s sole and absolute discretion.
To the full extent permitted by law, you waive all legal rights of action against and fully release the Promoter; Event Staff; the owners, lessees and controllers of the Event Site and Venue; and the respective members, directors, officers, employees, volunteers, contractors or agents of the aforementioned (Released Parties) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss suffered or incurred howsoever arising out of or in connection with (whether directly or indirectly) the Event, your attendance at or participation in the Event, including, but not limited to, liability for any negligent or tortious act or omission of the Released Parties, under any laws or regulations or for a breach of the Event Terms.
You agree to indemnify the Released Parties against any loss or damage any of them may suffer as a result of your wilful, negligent or reckless acts or omissions at the Event or as a result of your breach of the Event Terms.
To the extent permitted by law (including the Australian Consumer Law), the Released Parties will not be liable or responsible for any loss, damage, injury, delays, additional expenses or inconvenience suffered or incurred by you or any person in or entering or exiting the Event Site, participating in the Event or otherwise in connection with the Event whether caused by the negligence of Promoter or any of the Released Parties and whether arising in tort, contract, bailment or otherwise. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law, the liability of the Released Parties is limited to the minimum permitted by law.
Voluntary Assumption of Risk
Entry to the Event Site is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury and damage to you and your property. By attending the Event and entering the Event Site, 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.
Your Personal Information
Variations to Event Terms
These Terms and Conditions and/or any of the Event Terms may varied at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.
Novation or Assignment
The Promoter may novate or assign its rights and/or obligations under these Terms and Conditions. Where the assignee or novatee assumes the rights and/or obligations of the Promoter under these Terms and Conditions, the Promoter shall be released from all such rights or obligations.
If any provision or part of a provision of these Terms and Conditions 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.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.