EVENT TERMS AND CONDITIONS / CONDITION OF ENTRY
Key Details
Service Provider FEATHER & BIRCH PTY. LTD.ABN 23 614 350 417
Email: hello@secretvalleyfestival.com
Event Secret Valley Festival
The term “event” within these conditions includes reference to the area set aside for the Secret Valley Festival and any and all of the activities that take place in that area.
Services Camping, various classes and /or workshops at the discretion of the Entrant.
Website https://www.secretvalleyfestival.com/
These Event Terms, together with any purchase order forms, ticket information or additional waivers set out the agreement (this Agreement) under the terms of which you or, where applicable, the person for whom you are the parent or guardian, (your, you, your) will be allowed entry to the Event. These conditions of entry apply to all person/s entering or participating in the Event (“Entrant/s”).
Participating in an outdoor camping event is potentially dangerous and may expose you to risks, including accidents, serious injury, illness or even death. The Service Provider uses its best endeavours to protect you but there remains a possibility of an accident causing injury, illness, disability, death or property damage. You participate in the Event at your own risk.
The Service Provider reserves the right to refuse entry to or eject from the event any person who does not comply with any of these conditions.
The Entrant will be taken to have accepted this Agreement if the Entrant enters the Event or participates in the Event in any way or if the Entrant orders, accepts or pays for any services provided by the Service Provider after receiving or becoming aware of this Agreement or these Event Terms.
1 - ENTRANT OBLIGATIONS
1.1 PROVIDE INFORMATION
(a) The Entrant must provide the Service Provider with all documentation, information and assistance reasonably required for the Service Provider to perform the Services.
(b) The Entrant agrees to liaise with the Service Provider as it reasonably requests for the purpose of enabling the Service Provider to provide the Services.
(c) The Entrant agrees to comply with the rules set out in Appendix A.
(d) The Entrant warrants that they:
(i) Will comply with any safety guidelines, instructions and/or rules that Service Provider’s Personnel provide to them;
(ii) Will alert Service Provider or its Personnel, if they feel unsafe or if they witness unsafe or hazardous behaviour;
(iii) Will be responsible for their own safety while at the Event.
(iv) do not have a health condition which might have the effect of making it more likely that they will be involved in an accident or injury while participating in the Event (Condition) or if they do have such a Condition they have consulted a medical professional prior to attending who has cleared their attendance; and
(v) will not participate in the Event under the influence of drugs or illicit substances.
(vi) Understand that although there are health and wellness aspects to the Event, nothing at the Event can or will be construed as medical or health advice.
2 - POSSESSIONS
2.1 The Entrant is responsible for their possessions while at the Event. The Service Provider will not be liable if any of the Entrant’s possessions are lost and/or stolen.
2.2 Where the Entrant is using the camping ground or any other location for storage of their possessions, the Service Provider will not be liable if the Entrant’s possessions are lost and/or stolen, even where the Service Provider is negligent. The Entrant uses such storage facilities at their own risk.
3 - CARPARK AND CAMPING GROUNDS
3.1 The Entrants understands and warrants that it uses any carpark and/or camping facilities unsupervised and at their own risk. The Service Provider will not be liable for any loss or damage suffered by the Entrant in connection with the Entrant’s use of the carpark or camping facilities, even where Service Provider is negligent, to the maximum extent permitted under Australian Consumer Laws.
4 - COPYRIGHT
4.1 The images, text, logos, and artwork contained within the event and Event website are copyright to the Service Provider and or the relevant licensors. All rights are reserved. Unauthorised use by way of copying, storage, reproduction, publishing electronically or otherwise transmitting in any form or by any means in whole or in part is prohibited.
5 - PAYMENT
5.1 FEES
The Entrant must pay to the Service Provider fees for tickets in the amount set out on the Website or as notified to the Entrant from time to time.
5.2 CARD SURCHARGES
The Service Provider reserves the right to charge credit card surcharges in the event payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).
6 - THIRD PARTY GOODS AND SERVICES
(a) If the Service Provider is required to acquire goods or services supplied by a third party, the Entrant may be subject to the terms and conditions of that third party (‘Third Party Terms’).
(b) The Entrant agrees to any Third Party Terms applicable to any goods or services supplied by a third party that the Entrant or the Service Provider acquires as part of running the Event or providing services and the Service Provider will not be liable for any loss or damage suffered by the Entrant in connection with such Third Party Terms.
(c) The Entrant has the right to reject any Third-Party Terms. If the Entrant rejects the Third-Party Terms, the Service Provider cannot provide the applicable Services to the Entrant. By attending the Event, this indicates acceptance of the Third Party terms unless otherwise notified in writing.
(d) The Venue is a third party and will have their own terms of entry and terms that must be adhered to by the Entrant.
7 - PARTICIPANT’S OBLIGATIONS
7.1 CAPACITY AND AGE
(a) The Entrant acknowledges and agrees that:
(i) they must be at least 21 years of age to participate in the Event and any of the Services; and
(ii) They have the legal capacity and are of sufficient age to enter into a binding contract.
8 - LIABILITY
8.1 LIABILITY
To the maximum extent permitted by law, the total liability of the Service Provider in respect of loss or damage sustained by an Entrant in connection with this agreement is limited to the cost of the ticket price or if no ticket was purchased then $500.
8.2 CONSEQUENTIAL LOSS
To the maximum extent permitted by law, the Service Provider will not be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue in connection with this agreement, the event or any goods or services provided by the Service Provider, except:
(a) in relation to a party’s liability for fraud, personal injury, death or loss or damage to tangible property; or
(b) to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth).
8.3 RISK
(a) Participating in the Event and Services involves the potential for injury and the Entrant is participating at their own risk with knowledge of the dangers involved, including but not limited to, physical injury, muscle and ligament strains, illness, bruising, falls, injury, and death.
(b) The Entrant acknowledges that while Service Provider uses its best endeavours to ensure that the Event and any facilities and/or equipment are free of faults and safety issues, there may be instances of equipment failure, The Entrant agrees that the Service Provider will not be liable for any loss or damage arising out of such circumstances unless there is reckless disregard or gross negligence on the Service Provider’s behalf.
(c) The Entrant will bear all risk of loss or destruction of, or damage to, any equipment and/or other property and/or people arising out or contributed to by their participation in the Event.
(d) The Entrant acknowledges this is an all weather event and that they are responsible for planning appropriately for all weather circumstances.
8.1 INDEMNITY
The Entrant indemnifies the Service Provider from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of:
(a) any breach of this Agreement by the Entrant.
(b) any negligent, fraudulent or criminal act or omission of the Entrant; or
(c) an event, where circumstances giving rise to a claim, were caused or contributed to by the Entrant.
9 - WARRANTIES
(a) To the maximum extent permitted by applicable law, all express or implied representations and warranties (whether relating to fitness for purpose or performance, or otherwise) not expressly stated in this Agreement are excluded.
(b) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, the Entrant may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services provided.
10 - PRIVACY
(a) You consent to us taking images and recording video footage of you for the following purposes only:
(i) promotion of the Event and advertising the associated products and services; and
(ii) publication on social media platforms, in magazines and on websites and the internet for the purposes of professional advancement and promotion.
in accordance with privacy laws and our privacy policy (if applicable).
(b) Please notify us by email if you do not wish footage or images of you to be taken or kept by us.
11 - TICKETING AND NON-REFUND POLICY
11.1 Tickets are sold on the condition that purchasers are not entitled to a refund or exchange of their ticket in any circumstances. This non-refund policy applies in circumstances including, for example:
(a) if Entrant chooses not to attend the event.
(b) if Entrant is unable to attend the event for any reason, including illness.
(c) if Entrant attends the event and is unsatisfied.
(d) If the program of the event is changed.
(e) If any part, or all, of the event is cancelled due to weather or on any reasonable basis, or any cause outside the control of the Service Provider.
(f) if Entrant loses their ticket or does not bring it to the Event;
(g) If Entrants is refused entry or ejected for any reason; rr
(h) a Force Majeure event
11.2 If the Event is shut down due to a Force Majeure event the Service Provider will use best endeavours to reschedule, or a credit will be issued for the following year.
11.3 In the event of cancellation of any part of or the entire event the Service Provider is not liable to arrange a substitute event or to provide compensation.
11.4 The Service Provider reserves the right to refuse entry to any person producing a duplicated or altered ticket.
11.5 Entrant is entitled to sell their ticket to someone else but only if they go through the process required by the Service Provider. See website for more details.
12 - SERVICE PROVIDER’S RIGHTS
12.1 RIGHT TO EXCLUDE
(a) The Service Provider reserves the right to refuse entry to or eject from the Event any person without a refund who:
(i) does not comply with any of these conditions.
(ii) Where their entry would pose a serious risk to their health and/or safety or the healthy and/or safety of others for any reason.
(iii) Does not hold a ticket or any other valid reason to be on the grounds or at the Event.
13 - GENERAL
13.1 GOVERNING LAW AND JURISDICTION
This Agreement is governed by the law applying in NSW. Each party irrevocably submits to the exclusive jurisdiction of the courts of NSW and courts of appeal from them in respect of any proceedings arising out of or in connection with this Agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
13.2 AMENDMENTS
This Agreement may only be amended in accordance with a written agreement between the parties or by the Service Provider issuing an amendment to the terms via update of their website and/or emailing new terms to Entrants.
13.3 WAIVER
No party to this Agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
13.4 SEVERANCE
Any term of this Agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this Agreement is not limited or otherwise affected.
13.5 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
13.6 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other party.
13.7 COUNTERPARTS
This Agreement may be executed in any number of counterparts. Each counterpart constitutes an original of this Agreement and all together constitute one Agreement.
13.8 COSTS
Except as otherwise provided in this Agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this Agreement.
13.9 ENTIRE AGREEMENT
This Agreement embodies the entire Agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or Agreement, express or implied, in relation to the subject matter of this Agreement.
13.10 DEFINITIONS
Force Majeure means an unforeseeable event or circumstance beyond the reasonable control of a party including:
a) an act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
b) strikes or other industrial action, other than strikes or other industrial action of some or all of the Supplier’s Personnel; and
c) war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion or epidemic, and pandemic, quarantine restriction, and acts (including laws, regulations, disapprovals or failures to approve) of any government or statutory authority;
but excludes any act or omission of a subcontractor (except where that act or omission was caused by a Force Majeure).
Personnel means a party’s officers, employees, secondees, agents, contractors and subcontractors.
Venue means Ilford Valley Cherry Farm 345 Bylong Valley Way, Illford NSW.
13.11 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(e) (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
(f) (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(g) (this agreement) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this Agreement, and a reference to this Agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this Agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this Agreement will be interpreted adversely to a party because that party was responsible for the preparation of this Agreement or that provision.
APPENDIX A – Event Rules
1) Footwear
Entrants must wear footwear while at the event.
2) Items Not Permitted
Entrants may not bring:
a) Glass (will be confiscated at the gate)
b) Illegal substances
c) Weapons
d) Laser pointers
e) Fireworks or Flares
f) Body glitter / feathers that may fall on the ground.
g) Anything deemed dangerous or inappropriate at the discretion of the Service Provider.
3) Recording, Transmission and Exhibition
a) Entrants agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event other than for private non-commercial purposes.
b) Entrants grant permission to the Service Provider to use their name, image, likeness, or statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at the event without further authorisation from, or compensation to the Entrant.
4) Alcohol and Drugs
a) Any person who is deemed to be adversely affected by the consumption of alcohol or affected by the consumption of drugs may, in The Service Provider’s sole discretion, be refused entry to or ejected from the event.
b) Any person who is deemed to be unduly intoxicated or disorderly will, in The Service Provider’s sole discretion, not be sold any alcohol or provided with alcohol for consumption and may, in The Service Provider’s sole discretion, be refused entry to or ejected from the event.
c) Illicit drugs are prohibited from being brought into the Event or consumed.
The Venue is a separate entity from the Service Provider and is not running the Event.
5) Offensive Behaviour
a) Entrants will not conduct themselves in a manner that is inappropriate, offensive to others, or illegal. The Service Provider reserves the right to refuse entry to or eject a person who conducts themselves in such a manner.