Loch Hart Music Festival (2019 Terms and Conditions)

Terms and conditions of ticket sale and festival entry

1.    Parties

1.1.    Tickets to Loch Hart Festival 2018 (‘the Festival’) are sold by JNB Events Pty Ltd, ABN 27 616 569 932 (‘the Promoter’).
1.2.    The Promoter, along with staff and security at the Festival, are collectively the ‘Festival Staff’.
1.3.    The Festival will be held from the 15th to the 17th of November 2019 at Kangaroobie Camp, Princetown, Victoria (‘the Festival Grounds’).
1.4.    Purchase of a ticket to the Festival constitutes a binding contract between the Promoter and the ticketholder including the following terms and conditions.
1.4.1.    For the avoidance of doubt, where a ticket is held by a party other than the original purchaser, both purchaser and ticketholder will be bound by this contract.


2.    Ticket purchase
2.1.    All ticket sales are final. 
2.2.    Refunds and replacements will not be offered where:
2.2.1.    The ticketholder is refused entry to the Festival.
2.2.2.    There is any alteration to the artist line up or performance times.
2.2.3.    A ticket is lost, stolen, damaged, or destroyed.
2.3.    Full or partial refunds may be offered at the sole and total discretion of the Promoter where:
2.3.1.    The Festival is interrupted by a force majeure act, including but not limited to: fires, floods, thunderstorms, earthquakes, other calamitous weather events, the threat of war or terrorism, or any other event outside the control of the Promoters.
2.3.2.    The Festival is cancelled for any other reason including council, police, CFA or ambulance rulings. 
2.4.    Ticketholders must apply for a discretionary refund.
2.4.1.    Requests for refunds must be made within four (4) calendar weeks of the alleged reason for a refund or the conclusion of the Festival, whichever is sooner.
2.4.2.    The Promoters will determine all requests within three (3) calendar months after the request is received.
2.5.    Ticketholders are free to transfer their tickets, with all associated rights and liabilities, to third parties.
2.6.    Ticketholders are forbidden from selling their tickets to third parties at a price above the price paid to the Promoters under this contract.
2.6.1.    The Promoter bears no responsibility or liability for tickets purchased in any way other than through the Festival’s official sales provider.
2.7.    Ticketholders may not use their tickets to advertise, promote, or otherwise pursue any commercial purpose, including but not limited to: advertising, promoting, competitions, encouraging demand for other goods and services. 
2.8.    The Promoter retains sole and total discretion to cancel the Festival if they believe it reasonably necessary to do so, or is required to do so by law or other external circumstances.
2.8.1.    In such an event, the Promoter will determine a fair and reasonable level of compensation for ticketholders.
2.8.2.    Relevant factors for such a determination may include: the remaining time until the festival, the reason for cancellation, and recoupment of expenses.


3.    Festival entry
3.1.    Entry to the Festival Grounds is forbidden to any party not holding a valid ticket AND a legally recognised form of photo ID.
3.1.1.    The following are legally recognised forms of photo ID: Australian drivers licence or learner’s permit, Australian proof of age card, keypass card, or passport.
3.2.    No party in possession of any forbidden items detailed in Appendix 1 may enter the Festival Grounds.
3.2.1.    Any items in a ticketholder’s car will be deemed to be in their possession.
3.3.    Where required, ticketholders must consent to their person and possessions being searched by Festival Staff.
3.4.    Any party seeking to enter the Festival Grounds must be at least 18 years old at the date of attempted entry.
3.5.    Festival Staff reserve the right to refuse entry to ticketholders for breach of the above conditions, or any other reason at their sole and total discretion.
3.6.    Entry into the Festival Grounds constitutes acceptance of the following:
3.6.1.    Acceptance of potential risks posed by loud noises and flashing and/or strobe lighting;
3.6.2.    Waiver of any right to legal action resulting from hearing damage or loss due to excessive noise; or
3.6.3.    Waiver of any right to legal action resulting from a reaction to flashing and/or strobe lighting, including but not limited to epileptic fits.
3.7.    Patrons acknowledge that participating in any festival, including this Festival has inherent dangers and risks including a risk of serious injury or death. The Festival Grounds may contain various obstacles and dangers, both natural and man-made, which may result in loss or damage to ticketholders. Acknowledging this, you agree to attend the Festival at your own risk and forego all rights to making a claim against the Promoter or landowner of the Festival Grounds for any loss or injury suffered onsite.
3.8.    Any party found on Festival Grounds without valid proof of entry will be subject to immediate ejection and deemed to have trespassed.  Criminal and civil penalties may apply.
3.9.    Parking is only permitted in locations designated by the Festival Staff.
3.10.    Vehicles not parked in designated locations may be identified as abandoned and towed at the ticketholder’s expense.
3.11.    The Promoter will not be liable for any damage to vehicles incurred during the Festival.


4.    Conduct
4.1.    Ticketholders must behave appropriately at all times during the Festival.
4.2.    Festival Staff reserve the right to eject ticketholders if they are considered to have behaved inappropriately.
4.3.    Inappropriate behaviour includes, but is not limited to:
4.3.1.    Drunk, disorderly, offensive, or threatening behaviour;
4.3.2.    Possession or consumption of illicit drugs;
4.3.3.    Possession of prohibited items outlined in Appendix 1;    Prohibited items will be confiscated and the ticketholder is deemed to have surrendered any rights to those items.
4.3.4.    Crowd surfing, moshing, slam, or circle dancing;
4.3.5.    Failure to obey instructions of Festival Staff;
4.3.6.    Trespass on prohibited areas, which are marked off by the Promoters, including adjacent properties; or 
4.3.7.     Use of professional equipment to record video or audio.
4.4.    A total fire ban will be in effect for the entire duration of the Festival.
4.4.1.    A total fire ban is a prohibition on any open flame.  Breach of this term may result in ejection from the Festival.

5.    Other
5.1.    Limitation of liability
5.1.1.    In addition, and without prejudice to the preceding terms, Festival Staff do not accept liability of any nature for the acts, omissions or default of those providing services in connection with the Festival or any liability for any injury, damage, loss, delay or additional expenses which are incurred at or in association with Festival.
5.1.2.    Conditions or warranties required by legislation are deemed to be included in this agreement. However, Festival Staff liability for any breach of such condition or warranty will be limited to the resupply of the services or the cost of having the services supplied again. In no event will the Promoter or Festival Staff be liable for any indirect, consequential, exemplary or special damages.
5.1.3.    To the full extent permitted by law, ticket holders waive all legal rights of action against and fully release the Promoters, their agents, employees, members, and volunteers for all claims for compensation for loss, damage, injury, or death howsoever arising out of or in relation to the ticketholder's participation in the Festival including, without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these terms and conditions.
5.1.4.    Festival staff shall not be held liable for any loss, injury or damages sustained entering or leaving the Festival.
5.2.    Medical treatment and evacuation
5.2.1.    In the event of an emergency evacuation, ticketholders must immediately follow all instructions from Festival Staff.    The Promoters will bear no liability for loss or damage to personal belongings resulting from an emergency evacuation.
5.2.2.    Should a ticketholder require necessary medical treatment beyond the provision of basic first aid, they will be liable for any costs involved in such provision, including but not limited to transport and medical costs.    ‘Basic first aid’ refers to first response procedures delivered by a member of Festival Staff qualified to deliver first aid.    ‘Necessary medical treatment’ refers to treatment considered reasonably necessary by Festival Staff.
5.2.3.     If a ticketholder attends the Festival with a pre-existing condition or in a way in which they are likely to require medical treatment or transport to a hospital, this expense will be borne solely by the ticketholder, and will not be considered to be the Promoter’s obligation to provide.    An example of Clause 5.2.3. is if a ticketholder arrives pregnant. The Promoter will not have onsite facilities to appropriately deal with any issues arising from being pregnant, or giving of birth at the Festival, nor will the Promoter or Festival Staff be responsible for transport to an appropriate facility to do so. 
5.3.    Promotional material
5.3.1.    Ticketholders consent to their presence in promotional footage, photos, videos, and other material used for publicity by the Promoters.
5.3.2.    Ticketholders are not entitled to any compensation for such use of their image.
5.3.3.    Promotional material from the footage is and remains at all times the exclusive property of the Promoter.
5.4.    Dispute resolution
5.4.1.    This contract will be governed by and must be construed in accordance with the laws in force in Victoria, Australia.
5.4.2.    In the event of any dispute arising out of or in connection to this contract, the parties will first make genuine and reasonable efforts to resolve the dispute via good faith negotiations.
5.4.3.    Should negotiations fail, the parties agree to submit their disagreement to mediation by a third party.    The parties will reasonably choose the third party.    Should the parties be unable to agree on a third party for mediation, they will submit the dispute to a Dispute Assessment Officer from the Dispute Settlement Centre of Victoria.
5.4.4.    The parties are barred from pursuing litigation until the procedures outlined in 5.4.2. and 5.4.3. have been complied with.


Appendix 1: Banned Items include any of the below:
•    Illegal substances;
•    Weapons;
•    Glass;
•    Fireworks;
•    Flares;
•    Animals; 
•    Generators;
•    Cooking equipment; 
•    Gas bottles; and
•    Any other banned items listed on the Loch Hart Music Festival Website from time to time. 


20 - 22 NOVEMBER 2020