TERMS AND CONDITIONS OF TICKET SALES AND ENTRY – HOPKINS CREEK FESTIVAL
These Terms and Conditions apply to the purchase of tickets and admission to Hopkins Creek (the Event) operated and promoted by Hopkins Creek Events Pty Ltd ACN 619 422 516 (we) between 25-28th of November 2022 (Event Dates) at 1939 Delacombe Way, Tatyoon (the Event Grounds).
More information about the Event can be found on the website located at www.hopkins-creek.com (the Website) and the best email to contact the Organiser is info@hopkins-creek.com.
By purchasing a ticket or attending the Event, you (you) agree to be legally bound by these Terms and Conditions and any other guidelines posted on the Website, such as the How To Hopkins guide (Guidelines). If you do not agree to these Terms and Conditions and Guidelines, you should not purchase a ticket or attend the Event.
We reserve our rights to vary the Terms and Conditions at any time without notice and will post such variations on the Website. It is your responsibility to check for variations to these Terms and Conditions on our Website and you agree that by attending the Event, you accept any variations.
You agree to subscribe to the Hopkins Creek mailing list, which we use to provide updates regarding the Event and affiliated events.
TERMS AND CONDITIONS
Tickets
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 Humanitix. 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 wear your Wristband at all times 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. Unless otherwise authorised by us, Tickets may not be re-sold or given away for promotional or commercial purposes.
8. We will not replace lost, destroyed, damaged or stolen Tickets.
Refunds, Changes and Cancellation
9. 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.
10. 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.
11. We may cancel the Event due to reasons outside our reasonable control, such as fire, flooding, poor weather conditions, venue changes, acts of god, the COVID-19 pandemic (or any other pandemic), rulings by federal and state governments, local council, police or other authorities (a Force Majeure Event).
12. 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).
13. Subject to your rights as a Consumer under the Australian Consumer Law, if the Event is cancelled before the Event Dates due to a Force Majeure Event, we will provide a refund of 90% of the face value of your Ticket (excluding booking fees). We will keep 10% of the face value of your ticket (Cancellation Fee), this Cancellation Fee is crucial in keeping Hopkins Creek alive. You agree that the Cancellation Fee is a genuine pre-estimate of the non-refundable costs we incur before the Event Dates, such as insurances, site works, venue hire, permits and contractor fees. In the event of a date change refund scenario you will be entitled for a refund for a period of two weeks from the date of the date change announcement, after this time you agree to have accepted the new dates and no further refunds will be issued.
14. 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.
COVID-19 Special Terms and Conditions
15. You must not attend the Event if you:
a. Are required to self-isolate on the Event Dates due to being a confirmed case of COVID-19, having close contact with a confirmed case of COVID-19, living in or having been in a high-risk area within Australia or having returned from overseas; or
b. Have COVID-19 symptoms, have been tested for COVID-19 and are awaiting test results. The symptoms of COVID-19 include: fever, chills or sweats, cough, sore throat, shortness of breath, runny nose or loss of sense of smell.
16. You will be entitled to a refund if you test positive to COVID-19 and as a result are required to self-isolate on the Event Dates. A request for a refund under this clause must be made in writing to info@hopkins-creek.com no later than 72 hours prior to the Event Date. You will be required to provide a photograph of your positive test result and your driver’s licence, passport or state-issued proof of age card when submitting your request to us.
17. You must notify us immediately if you or any member of your booking party develops any symptoms of COVID-19 within 14 days of attending the Event.
Conduct, Prohibited Items and Behaviour
18. We encourage you to bring a sense of community, respect and inclusion to the Event. To ensure your safety and the safety of others attending the Event, you must follow our Guidelines, our directions and those of our Representatives working at the Event at all times during the Event.
19. You are prohibited from bringing certain items to or acting in certain ways at the Event (which we may determine in our absolute discretion). Prohibited items include glass, pets (with the exception of registered guide dogs), weapons, dangerous items (as determined by us), fireworks, flares, generators, cooking equipment, N2O chargers, illicit drugs and illegal substances (Prohibited Items). Prohibited behaviour includes stealing, harming the environment, trespassing, lighting fires, disrupting local communities, damaging the Event Grounds, damaging equipment at the Event, engaging in anti-social, aggressive or harassing conduct and failing to adhere to COVID-19 related safety protocols (Prohibited Behaviour).
20. We reserve the right to:
a. Refuse you entry to the Event, if you have breached the Terms and Conditions or otherwise pose a threat to the security of the Event;
b. Search your person, vehicle and other possessions before allowing you to enter the Event or while you are present on the Event Grounds, and refuse entry to you, or remove you from the Event, if you refuse to consent to a search;
c. Refuse you entry to the Event or remove you from the Event Grounds if you are found with Prohibited Items in your possession;
d. Confiscate any Prohibited Items found in your possession at the Event whereby you agree that we do guarantee the safe return of that item and are not liable to you for any Loss damage you suffer as a result of the confiscation;
e. Refuse you entry to the Event, and/or remove you from the Event Grounds if you are found to be engaging in Prohibited Behaviour.
21. Your Ticket grants you access to the areas marked by signage at the Event. Disregarding these boundaries will constitute trespassing and you may be removed from the Event Grounds.
22. Please respect the local community and country. Travel to and from the Event in an orderly and respectful manner, tread lightly and leave no trace.
Intellectual Property and Recordings
23. We are the exclusive owner or licensee of all intellectual property created to promote the Event (Event IP). Should you wish to use any item of Event IP other than for private, non-commercial purposes, you must obtain our prior written consent.
24. As a condition of attending the Event and on a non-revocable basis, you hereby consent to us and our Representatives taking photos, films and other recordings of you at the Event (Recordings) and to us using those Recordings through all media, in perpetuity, throughout the world and on a royalty free, sub-licensable and transferrable basis for our business purposes including to promote the Event.
25. All media personnel must have our prior written approval to enter the Event Site. Professional audio-visual equipment is not permitted at the Event, unless you have our prior written approval.
Risks
26. You acknowledge that while we (and our Representatives) take all reasonable steps to ensure that the Event and Event Grounds are safe, there are inherent risks involved in attending the Event.
27. You accept that your participation in the Event is entirely carried out at your own risk and you hereby warrant that by participating in the Event, you do not have any medical, physical or other conditions that may affect your ability to safely participate in the Event.
28. In the event of injury or illness, we may arrange medical treatment and emergency evacuation if we deem it necessary for your safety and welfare, and any associated costs will be borne by you.
Liability
29. You retain all rights as a Consumer under the Australian Consumer Law when purchasing Tickets to the Event. Nothing in these Terms and Conditions shall limit, restrict or exclude any of your rights under the Australian Consumer Law (including any consumer guarantees) or other non-excludable conditions at law.
30. Subject to clause 29, you agree:
a. We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you in relation to attending the Event;
b. We (and our Representatives) will not be liable and exclude all liability (whether arising under contract, in tort, equity, statute or in any other way) for all Loss sustained by you, due to any act or omission by our Representatives who may assist us to put on the Event;
c. You hereby release us and Representatives from all Claims (whether arising under contract, in tort, equity, statute or in any other way) you may have against us and Representatives in connection with the Event.
31. You indemnify us and our Representatives against all Claims and Losses (excluding any Consequential Loss) incurred by us or our Representatives arising out of or in connection with:
a. any death of, or injury to, any person and any loss to the property of any person, caused by a negligent or unlawful act or omission of you in relation to your attendance at the Event; or
b. any breach of these Terms and Conditions by you.
General
32. This Agreement is the entire agreement between the parties and supersedes all prior discussions, understanding and agreements in relation to the subject matter of these Terms and Conditions.
33. We may assign, transfer or otherwise deal with any right or obligation under these Terms and Conditions for the purpose of restructuring, merger with another entity or a sale of business.
34. If any provision is unenforceable or invalid, it will be ineffective to the extent it is unenforceable or invalid, without affecting the validity or enforceability of the remaining provisions of these Terms and Conditions.
35. This Agreement are governed by the laws in force in Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
36. In these Terms and Conditions:
a. words such as including or for example do not limit the meaning of the words preceding them;
b. if a word or phrase is defined, its other grammatical forms have a corresponding meaning;
c. a party includes the party’s successors and permitted transferees and assigns and if a party is an individual, includes executors and personal legal representatives; and
d. no provision of this Deed will be construed to the disadvantage of a party merely because that party was responsible for preparing this Deed or including the provision in this Deed.
37. In these Terms and Conditions, the following definitions apply:
a. “Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
b. “Claim” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature whether present or future, fixed or unascertained, actual or contingent, at law, in equity, under statute or otherwise.
c. “Consumer” has the same meaning as under the Australian Consumer Law
d. “Loss” means any loss, cost, expense (including legal costs on a full indemnity basis) or damage, whether direct or indirect, present or future, fixed or ascertained, actual or contingent and whether arising under contract, in tort, at common law, in equity, under statute, under an indemnity or otherwise.
e. “Representative” means any person acting for or on behalf of us and includes any director, officer, employee, agent, contractor, sub-contractor or volunteer of ours.