CONDITIONS OF TICKET PURCHASE AND ENTRY TO THE VENUE
- Small World Festival (“Event”) is presented by Small World Pty Ltd (ABN TBA ) 76 Wilford Street, Newtown, NSW Australia. (the “Promoter”).
- These conditions govern the supply of all tickets (including complimentary tickets) to the Event that are issued by the Promoter, or the Promoter’s authorised ticket seller and allow access to the venue where the Event is held (including all areas under the control of the Venue owner or hirer, the “Venue”) (“Conditions”). As the individual purchasing or holding the ticket to the Event (“you”, “your”) agree to the following Conditions. These conditions work in conjunction with the Promoter’s authorised ticket seller’s terms and conditions (“Ticket Terms”).
- Entry: You agree that:
the Event held is strictly an 18 years and older event and that you are aged over 18 years at the time of purchasing the ticket. You will be required to present one acceptable proof of age ID to enter the Event and Venue. The Promoter accepts the following forms of proof of age ID: legally accredited driver’s licenses, learners permit, passports, proof of age cards. Proof of age identification is required to buy & consume alcohol. ID may be requested at any time;
you must present a valid ticket to gain entry to the Event and Venue. Tickets will be exchanged for an official wristband once at the Venue. Wristbands removed from wrists or tampered with will be rendered invalid & will not be replaced. Lost or missing wristbands will not be replaced. Anyone found on site without a valid wristband may be deemed to have trespassed and ejected from the Event and Venue;
tickets should be treated like cash. Tickets are not refundable and will not be replaced or refunded if lost, stolen or damaged, except as required by law or as otherwise specified by these Conditions or the Ticket Terms. Damaged or defaced tickets may not be accepted;
entry to the Event and Venue and your continued presence at the Event and in the Venue is conditional upon you agreeing to be searched (including your person, bags, clothes or other possessions) by means of a physical search or metal detector on entry and while in the Venue;
no pass outs will be issued unless otherwise advised or in the case of extreme weather conditions or emergency situations;
any person gaining unauthorised access to the Event or Venue may be liable to prosecution;
by entering the Event and Venue, you consent to (i) the recording of your likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together “Images”) and (ii) the commercial exploitation, throughout the world, of your Images by any means by Promoter and its commercial partners without compensation.
- Prohibited Items: You agree that:
for the comfort and safety of patrons and performers, the following items are NOT allowed into the Event or Venue: alcohol; animals except service animals (e.g. seeing eye dogs, police dogs and horses); firearms, any item that could be used as a weapon; beach balls & other inflatable devices; drink & food cans; chairs & stools, any temporary shelter, including umbrellas; eskies; fireworks; glass (including bottles); large containers in excess of 600ml; large bags or large backpacks, amplification equipment; unauthorised promotional, commercial, political, religious or offensive items of whatever nature including clothing, banners, signs, symbols and leaflets or flyers; selfie & go pro sticks; laser pointers, distress signals, whistles or loud hailers; or other items deemed or considered dangerous or capable of causing a public nuisance that could be used to distract, obstruct or interfere with any performer or other patrons enjoyment. Perfume and deodorant bottles must be sealed and must not have screw tops;
no illicit substances or drugs may be brought to the Event or in or around the Venue. Any person found in possession of suspected illicit substances or drugs within or around the vicinity of the Event or Venue will be removed or refused entry and referred to the police;
no recording device of any kind is allowed except hand held point and shoot cameras with a non-removable lens. Professional cameras of any kind are not allowed at the Event or in the Venue without the written permission of the Promoter. Discretion as to whether your camera is deemed a professional-standard camera’ rests with the Promoter’s security staff and debate will not be entered into. Cameras with powerful zoom lenses or multiple lenses in a carry case or SLR cameras are generally not allowed;
no person wearing clothing, jewellery, or any other accessory displaying or indicating by form of wording, colours, logo, symbol or otherwise that they are members of or otherwise associated with criminal gangs be allowed entry to or be permitted to remain at the Event or Venue;
prohibited items will be confiscated by the Promoter. The Promoter accepts no responsibility for confiscated items. If you have in your possession or refuse to surrender to the Event staff any prohibited object or article including but not limited to photographic or recording equipment, alcohol or drinks, that is not permitted to be brought into or used in the Event or Venue, you may be refused entry to the Event and Venue;
You may bring one (1) unopened, sealed bottle of water no bigger than 600ml to the Event. Drinks required for dietary or health purposes are allowed in unopened sealed containers not exceeding 600ml provided that you hold and show security a written consent from a registered medical health professional.
- Conduct: You agree:
to abide by any terms of entry into the Event and the Venue (as prescribed by the Venue) to the extent those terms of entry do not conflict with these Conditions; and
not to do any of the following at the Event or in or around the Venue:
cause damage to, improperly use, deface or tamper with any part of the Venue or public facility or festival infrastructure, nor remove or attempt to remove any item or object from the Venue or the Event;
throw or attempt to throw any stone, bottle, projectile or other object;
use indecent, obscene, racist or discriminatory language or threatening or insulting words, or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
interfere with, obstruct or hinder the Promoter, the Venue, its employees, agents or contractors in the exercise of their powers, functions or duties or behaviour in a manner which threatens, or is intended to threaten the safety of the performers, employees, agents or contractors;
behaviour in a manner which reasonably interferes with the other patrons enjoyment of the Event; such as stage diving’, ‘moshing’, ‘climbing’ and ‘crowd surfing’. Such activities are strictly prohibited at the Event and the Venue;
smoke in areas within the Venue nominated as non-smoking; and
to hold yourself out or otherwise promote yourself or any good or service as being associated with the Promoter where they are not authorised by the Promoter to do so in a way that would infringe the rights of those parties commercially associated with the Promoter;
in the event of an emergency situation or evacuation, you must follow all official directions by Venue and Promoter’s staff & security;
a patron who is deemed to be affected by the consumption of alcohol or drugs may, in the Promoter’s sole discretion, be refused entry to, or ejected from, the Venue. Alcohol must not be removed from the Venue.
- No Re-sale: You agree not to (i) re-sell any tickets to the Event at a premium over the face value of the ticket (including via on-line auction or classified sites) or (ii) use any of them for advertising, promotional or other commercial purposes (including competitions, trade promotions or travel or hospitality packages) or to enhance the demand for other goods or services, in each case without the prior written consent of the Promoter or (iii) re-sell or otherwise provide to any third party who will, or is likely to, re-sell any such tickets at a premium over the face value of the ticket (including via on-line auction or classified sites) or use any of them for advertising, promotional or other commercial purposes (including competitions, trade promotions or travel or hospitality packages) or to enhance the demand for other goods or services, in each case without the prior written consent of the Promoter. Scalping warning: if the ticket is sold or used in contravention of this condition, the bearer of the ticket may be denied admission to the Event and Venue. In addition, the resale of tickets in certain circumstances is governed by ticket sales legislation and may attract criminal penalties.
- No Representation: You acknowledge that you are attending a festival with numerous artists programmed to perform at the Event. The Promoter makes no representations or warranties that your ticket will enable you to watch any particular performers during the Event, or that performers will start at a particular time or continue for any set length of time because: (a) performers can, at times, experience injuries, illnesses, bereavement, travel delays or other issues which can prevent them from being able to perform, or complete a performance; (b) particular performances may need to be cancelled, terminated early, rescheduled or relocated to other stages for various reasons, safety issues or concerns, extreme heat, rain, other adverse weather or force majeure events such as an act of God, natural disaster, war, sabotage, riot, act of terrorism, national emergency, fire, explosion, power shortage, strike or other labour difficulty (whether or not involving the Promoter), government intervention, or plant or equipment breakdown.
- Changes can occur: The Promoter reserves the right to, cancel, re-schedule, relocate the Event or add, withdraw or substitute artists and or vary advised programs, prices, venues and audience capacity at the Event without notice to you.
- Refunds, credits or replacements:
No refund, credit or replacement tickets will be provided on any complimentary tickets; tickets which have been purchased from an unauthorized ticket seller or in situations where the Australian Consumer Law (ACL) does not apply. If the ACL applies and you have purchased the tickets, then:
if the Event does not commence at all, you will be entitled to a refund for the face value price of the ticket (inclusive of booking fees but excluding credit card fees, transaction fees and mailing fees) or credit or replacement ticket for the Event (as designated on your ticket);
if the Event is rescheduled or significantly relocated your ticket will remain valid for the reschedule date or location. If you are unable to attend the re-scheduled or significantly re-located Event, you will be entitled a refund for the face value price of the ticket (inclusive of booking fees but excluding credit card fees, transaction fees and mailing fees).
If you are entitled to a refund in accordance with the above, you should contact the authorised ticket seller within 14 days of the Event being cancelled, re-scheduled or significantly relocated to obtain information regarding the refund, including the period in which you have to obtain a refund. To verify the authenticity of the original ticket, proof of purchase may be required if you are seeking a refund pursuant to this clause. Without limiting the foregoing, you acknowledge that you are attending a festival with numerous artists programmed to perform at the Event and that the artists performing at the Event varies between locations where the Event is staged and that no refunds, credits, replacement tickets or other compensation is required to be provided if there is a change to the line-up of the performers at the Event.
- Your property: Whilst at the Event, you must take care to protect your own property from loss and damage and take steps to prevent your property causing safety issues or damage to other people or property. The Promoter will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) to any property brought into the Event and Venue, unless the ACL applies and it was due to the Promoter breach of a non-excludable guarantee under the ACL such as failure to provide services with due care or skill. The Venue will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) to any property brought into the Event and Venue, unless the ACL applies and it was due to the Venue’s breach of a non-excludable guarantee under the ACL such as failure to provide services with due care or skill. You must not leave bags or packages unattended at any time. For safety reasons, any unattended bags or packages may be removed and/or destroyed.
- Your safety:
Whilst at the Event and in the Venue you must take care to protect your safety and the safety of others. You are required to take appropriate care for your sun protection, hydration. You must wear appropriate footwear and clothing at all times. Volume levels at all outdoor events vary depending on many factors such as Environmental Protection Agency noise restrictions and we recommend that you take appropriate care for your hearing protection, including using earplugs. If you feel at any time your or anyone else’s health or safety is threatened, you should contact the nearest security guard or First Aid Officer;
You consent to the Promoter accessing your medical information regarding any medical treatment that you received or claimed to have received at the Event or in the Venue;
General admission audiences may cause recreational risk. You are admitted to the Event and Venue at your own risk. Where fun rides are present at the Event, you use such fun rides at your own risk. The Promoter will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) for any death or personal injury, unless the ACL applies and it was due to Promoter’s breach of a non-excludable guarantee under the ACL such as failure to provide services with due care or skill. The Venue will not be liable for any loss or damage (including any direct, indirect or consequential loss or damage) for any death or personal injury, unless the ACL applies and it was due to the Venue’s breach of a non-excludable guarantee under the ACL such as failure to provide services with due care or skill.
- Liability: To the extent permitted by law: (a) the Promoter and the Venue’s maximum liability to you for any loss or damage that is suffered by you as a result of any breach of these conditions by the Promoter and/or the Venue is limited at Promoter’s sole discretion to: (A) the replacement of tickets; or (B) permitted entry to a rescheduled Event or other Promoter event; or (C) a refund where required under clause 9; (b) all other representations, conditions, warranties and terms (including claims in relation to any particular performances) that would otherwise be expressed or implied in these conditions by general law, statute or custom are expressly excluded.
- Important Information: You acknowledge and agree that without prejudice to any other rights which the Promoter or the Venue may have, that if you contravene any of these Conditions or the Venue terms and conditions you may:
be refused entry to the Venue;
be ejected from the Venue;
have your ticket confiscated and/or cancelled without refund or recompense;
and, if entry to the Event or Venue is refused for any reason in accordance with these Conditions, no refund will be paid in respect of the relevant ticket.
- Logo: The words “Small World Festival” and Small World Festival logo, images, tickets or other works associated with the Event cannot be used in any way (including promotions, advertising & ticket giveaways or in any way to enhance the demand for other goods or services) unless authorized in writing by the Promoter.
- General: These Conditions do not exclude, restrict or modify the application of any provision of the ACL, where to do so would either contravene the ACL or cause any part of these conditions to be void. Any provision of these conditions which is invalid must be read down to the minimum extent necessary to achieve its validity or be severed from these conditions without invalidating or affecting the remaining provisions of these conditions. . References to the Promoter and the Venue, include references to their staff, contractors, agents, volunteers. Where the word including is used, or examples are given, it does not limit the generality of the clause. If there are any inconsistencies between these conditions and any of the conditions in the Ticket Terms, these Conditions prevail.