LOCH HART MUSIC FESTIVAL - TERMS AND CONDITIONS OF TICKET SALE AND FESTIVAL ENTRY
1. Parties
1.1. Tickets to Loch Hart Music Festival (‘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 on 10-12 January 2025 (‘Festival Dates’) at Kangaroobie Camp, 1080 Old Ocean Road, Princetown, Victoria (‘the Festival Grounds’).
1.4. Purchase of a ticket, or volunteering in exchange for a ticket to the Festival constitutes a binding contract between the Promoter and the ticker holder 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 the purchaser and the ticket holder 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 ticker holder is refused entry to the Festival;
2.2.2. There is any alteration to the artist line up or performance times; or
2.2.3. A ticket is lost, stolen, damaged, or destroyed.
2.2.4. The Festival is interrupted by a force majeure act, including but not limited to: events of natural disaster, fires, threats of fire, floods, thunderstorms, severe winds, earthquakes, other calamitous weather events, the threat of war or terrorism, Covid-19 outbreak or restrictions, global pandemics, or any other event outside the control of the Promoters; or
2.2.4. The Festival is cancelled for any other reason including government, council, Victoria Police, CFA or Victoria Ambulance rulings.
2.3. Ticket holders are free to transfer their tickets, with all associated rights and liabilities, to third parties.
2.3.1. Ticket holders are forbidden from selling their tickets to third parties at a price above the price paid to the Promoter under this contract.
2.3.2. The Promoter bears no responsibility or liability for tickets purchased in any way other than through the Festival’s official sales provider.
2.4. Ticket holders may not use their tickets to advertise, promote, or otherwise pursue any commercial purpose, including but not limited to: advertising, promoting, competitions, or encouraging demand for other goods and services.
2.5. 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 (including but not limited to Covid-19 restrictions, or because of safety advice issued by government, council, Victoria Police, CFA or Victoria Ambulance).
2.5.1. Where the Festival is cancelled, the Promoter retains sole and total discretion as to whether to provide any discretionary refund (either partial or in full) to ticket holders.
2.5.2. Relevant factors for such a determination may include: the remaining time until the festival, the reason for cancellation, the recoupment of expenses incurred by the Promoter, and any other relevant consideration.
2.5.3. The Promoter does not provide refunds for ‘change of mind’.
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 driver’s 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 ticket holder’s car will be deemed to be in their possession.
3.3. Where required, ticket holders 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 or accompanied by a parent or legal guardian.
3.5. Festival Staff reserve the right to refuse entry to ticket holders for breach of these Terms and 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;
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;
3.6.4. Consent to being photographed and filmed which may be used for future marketing and advertisement at the sole discretion of the Promoter.
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 ticket holders. 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 ticket holder’s expense.
3.11. The Promoter will not be liable for any damage to vehicles incurred during the Festival.
4. Conduct
4.1. Ticket holders must behave appropriately at all times during the Festival.
4.2. Festival Staff reserve the right to eject ticket holders 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;
4.3.3.1. Prohibited items will be confiscated and the ticket holder is deemed to have surrendered any rights to those items.
4.3.4. Crowd surfing, stage diving, moshing, slam dancing, or circle dancing;
4.3.5. Failure to obey instructions of Festival Staff;
4.3.6. Trespass on prohibited areas, including areas that are marked off by the Promoter and other adjacent properties; or
4.3.7. Use of professional equipment to record video or audio without consent of the Promoter.
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. Limitation of liability
5.1. 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.
5.2. Conditions or warranties required by legislation are deemed to be included in this agreement. However, Festival Staff's 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.
5.3. To the full extent permitted by law, ticket holders waive all legal rights of action against and fully release the Promoter, their agents, employees, members, and volunteers for all claims for compensation for loss, damage, injury, or death arising out of or in relation to the ticket holder's participation in or attendance to 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.
5.4. Festival staff shall not be held liable for any loss, injury or damages sustained when entering or leaving the Festival.
6. Medical treatment and evacuation
6.1. In the event of an emergency evacuation, ticket holders must immediately follow all instructions from Festival Staff.
6.2. The Promoters will bear no liability for loss or damage to personal belongings resulting from an emergency evacuation.
6.3. Should a ticket holder 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.
6.3.1. ‘Basic first aid’ refers to first response procedures delivered by a member of the Festival Staff qualified to deliver first aid.
6.3.2. ‘Necessary medical treatment’ refers to treatment considered reasonably necessary by Festival Staff.
6.4. If a ticket holder 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 ticket holder.
7. Promotional material
7.1. Ticket holders consent to their presence in promotional footage, photos, videos, and other material used for marketing by the Promoter.
7.2. Ticket holders are not entitled to any compensation for such use of their image.
7.3. Promotional material from the footage is and remains at all times the exclusive property of the Promoter.
8. Dispute resolution
8.1. This contract will be governed by and must be construed in accordance with the laws in force in Victoria, Australia.
8.2. 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.
8.3. Should negotiations fail, the parties agree to submit their disagreement to mediation by a third party.
8.3.1. The parties will reasonably choose the third party.
8.3.2. 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.
8.4. The parties are barred from pursuing litigation until the procedures outlined in this clause have been complied with.
8.5. If any clause of this contract is deemed invalid or unenforceable, it is severed from the contract and does not affect the operation of any other clause of the contract.
9. Variation
9.1. The Promoter reserves the right to vary these Terms and Conditions of Ticket Sale and Festival Entry at any time without notice. The Promoter will post such variations on their Website (where these Terms and Conditions are displayed). It is the responsibility of the ticket holder to check the Website for variations to these Terms and Conditions, and the ticket holder agrees that by attending the Festival, they accept all variations.
Appendix 1: Banned Items include any of the below:
• Illegal substances;
• Weapons;
• Glass;
• Fireworks and flares;
• Animals;
• Generators;
• Cooking equipment;
• Creaming chargers and ‘nangs’;
• Tool or dangerous equipment;
• Gas bottles; and
• Any other banned items listed on the Loch Hart Music Festival Website from time to time, or any item deemed by Festival Staff to be unsafe.