These terms and conditions apply to admission to ‘Spooktober’ (the “Event”) and the purchase and use of tickets for the Haunted Houses (defined below) at the Event (“Tickets”). The Event is operated by Dale Pope Events Pty Ltd ACN 161 566 267 (the “Organiser”) to be held between 28 and 31 October 2017 at St Kilda Town Hall, 99A Carlisle Street, St Kilda VIC 3182 (the “Event Grounds”).
By attending the Event or purchasing or using a Ticket, you (“you” or the “Attendee”) agree to be legally bound by these Terms and Conditions, just as if you had signed a written agreement containing these Terms and Conditions. If you do not agree to these Terms and Conditions, you should not attend the Event or purchase or accept a Ticket. The Organiser reserves its rights to alter the Terms and Conditions at any time without notice and it is your duty to check the Website or at the Event Location for posted changes. For the avoidance of any doubt, these Terms and Conditions also apply to admission to the event by Event staff and volunteers, and to complimentary Tickets and Tickets used by volunteers and employees at the Event.
i. For all Attendees: foodstuffs not purchased at the Event, glass bottles, glass, weapons, gas bottles, lasers, fire works, pyrotechnics, flares, animals, illicit drugs and any object that the Organiser considers may be used in a dangerous or offensive manner; and in addition
ii. For Attendees under the age of 18: alcohol of any kind; and in addition
iii. For Attendees over the age of 18: alcohol not purchased at the Event.
d. Banned Items that are confiscated will not be returned.
e. Report any possession of Banned Items to Victoria Police.
f. Refuse entry to, or remove from the Event Grounds, any person smoking indoors or behaving in an intoxicated, disorderly, aggressive, offensive or dangerous manner or in any manner which would be a potential threat to security or the smooth operation of the Event.
g. Refuse entry to, remove from the Event Grounds, and/or report to Victoria Police any person found to be in possession of, or apparently under the influence of, illicit drugs.
h. Remove from the Event Grounds any person under the age of 18 who enters any area of the Event Grounds where alcohol is served (“Bar Area”).
8. Any person who is removed from the Event Grounds and/or a Haunted House under clause 7 is not entitled to a refund of any Ticket purchased under any circumstances.
9. You may not, without the prior consent of the Organiser:
a. Resell or offer to resell a Ticket for a price higher than the original sale price, including via online auction;
b. Use a Ticket for advertising, promotional or other commercial purposes, including by offering a Ticket as a giveaway or prize for a competition or trade promotion; and/or
c. Use a Ticket in any other way to enhance the demand for other goods or services, whether they are yours or those of a third party.
10. The Organiser will not replace lost, destroyed, damaged or stolen Tickets.
11. The Organiser reserves the right in its sole discretion to change the details of the Event, including without limitation the time, the Event Grounds, any aspect of the Haunted Houses, the amount and types of attractions, the Event layout or any other aspect of any Event facility or attraction (jointly “Event Details”) without notice to you before or after you have purchased a Ticket. The Organiser will not be required to provide refunds or other compensation to Attendees if the Event Details are changed.
12. The Organiser will not provide any refunds or other compensation to any Attendee for any reason other than where the Organiser cancels the Event in its entirety due to a Force Majeure Event as described in clause 13 below.
13. The Organiser reserves its rights to make changes to or cancel the Event at any time due to a Force Majeure Event. In the event the Organiser cancels the Event in its entirety in accordance with this clause, you hereby agree and acknowledge that you shall only be entitled to a refund of the value of the Ticket less any booking fee (at the price you purchased it). “Force Majeure Event” shall mean anything which in the Organiser’s sole discretion makes it logistically impossible to continue to operate the Event either in its entirety or its advertised form outside the Organiser’s reasonable control including without limitation, fire, bad weather, damage to Event Site caused by bad weather, rain, flood, drought, storm, lightning, act of god, explosion, sabotage, accident, labour dispute, revocation of permits, council or police rulings or war.
14. You must follow the directions of the Organiser and its staff (“Event Staff”), security, police and emergency services personnel at all times during the Event.
15. You must not cause damage to, improperly use, remove, steal or tamper with any public facility or Event infrastructure (“Event Property”).
16. You must not run or push, shove or jostle any other person.
17. If you are under the age of 18, you must not enter any Bar Area.
18. BY ENTERING THE EVENT GROUNDS, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING:
a. WHILE WE WILL TAKE ALL REASONABLE STEPS TO KEEP YOU SAFE AT THE EVENT, THE EVENT IS A BUSY AND CROWDED EVENT AND YOU MAY BE PUSHED AND JOSTLED BY OTHER ATTENDEES.
b. YOU UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT RISKS IN ENTERING THE EVENT GROUNDS AND YOU ASSUME ALL RISK AND DANGER ASSOCIATED WITH ENTRY TO THE EVENT GROUNDS.
c. YOU HEREBY RELEASE AND HOLD HARMLESS THE ORGANISER AND ALL AFFILIATES, ASSOCIATES, OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES OF THE ORGANISER AND THE LANDLORD OF THE EVENT GROUNDS FROM AND AGAINST ALL LIABILITY, HARM, LOSS, DAMAGE, EXPENSE, INJURY, DEATH OR COST WHATSOEVER THAT MAY ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF CONDUCT THAT OCCURS AS A RESULT OF YOU BEING PRESENT ON THE EVENT GROUNDS.
19. The above warnings are in addition to, and do not in any way limit, the safety warnings contained in clauses 27 – 41 below.
20. Additional safety warnings and requirements may be specified on signage at the Event (“Safety Requirements”). The Safety Requirements are hereby incorporated into these Terms and Conditions by reference. If you do not understand any Safety Requirements, please see Event Staff for clarification.
21. By purchasing a Ticket and/or attending the Event, you accept the risks and dangers inherent in a Halloween-themed event including without limitation the risk of serious injury and loss of property, and you acknowledge that it is your responsibility to take steps to protect your own safety and make reasonable decisions about which attractions you will participate in at the Event. If you choose to attend the Event, you do so at your own risk, waiving and forgoing any rights to make any claims for loss and injury.
22. You agree that you will be fully liable for any loss or damage to Event Property or other damage caused by you.
23. To the fullest extent permitted by law, the Organiser does not accept liability of any nature for the acts, omissions or default of the Organiser or of any third parties providing services in connection with the Event or any liability for any injury, damage, loss, delay or additional expenses which may be incurred by you at or in association with the Event.
24. The Organiser will not be held responsible whatsoever for any loss or damage to any property (including without limitation personal property such as tents, cars, bags, money or other personal items) brought to or purchased at the Event, including property which is left on the Event Grounds following an emergency evacuation.
25. The Organiser does not accept liability for any injury, damage, loss, delay or additional expenses, which may be incurred by you as a result of a Force Majeure Event (defined above), cancellation of the Event due to a Force Majeure Event or shortening of the Event due to a Force Majeure Event.
26. The Organiser reserves the right to arrange for medical treatment and/or emergency evacuation of any person on the Event Grounds if the Organiser in its sole discretion deems it necessary for the person’s safety or the safety of others. You consent to the Organiser giving you emergency medical assistance when required.
27. The following additional conditions contained in these clauses 27 – 41 apply to Tickets to the Haunted Houses, in addition to the remainder of these Terms and Conditions. The Organiser reserves the right to remove any person who does not comply with any of these additional conditions from the Haunted Manor or the Asylum, or from the Event Grounds entirely, without refund.
28. The Haunted Manor is not recommended for children under the age of 8.
29. The Asylum is not recommended for children under the age of 12.
30. Entry to the ‘after-dark’ tours of the Haunted Houses is not recommended for children under the age of 12 and entry to the ‘lights out’ tours is not recommended for children under the age of 15.
31. Tickets are valid only for the time specified. You may only commence queuing for at the time specified on the Ticket. Please arrive on time, as you may be designated a different time slot, or not permitted entry, if you arrive late.
32. Six (6) – eight (8) people will be permitted entry to a Haunted House at a time. We will make efforts to keep friendship groups together but we cannot guarantee this will be possible.
33. You must not use video recording or flash photography.
34. You must switch off your mobile phone.
35. You must not touch any props, decorations, actors, machinery or equipment.
36. You must not run or push, shove or jostle any other person.
37. You must wear appropriate footwear. Open toed shoes and high heels are not permissible.
38. You are responsible for all of your belongings. You will not be permitted re-entry to search for lost property.
39. You must not bring any food or beverages (including bottled water) into a Haunted House.
40. Wait times given are an estimate only and may vary due to circumstances outside the Organiser’s control. The Organiser will not offer refunds for excessive wait times.
41. The following additional safety warning applies to any entry to a Haunted House:
BY ENTERING A HAUNTED HOUSE, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING:
a. YOU MAY BE EXPOSED TO HORROR THEMES, SUDDEN AND LOUD NOISES, SUDDEN PHYSICAL CONTACT AND SUDDEN SCARES, MOVING AND UNEVEN FLOORS AND SURFACES, FOG, STROBE LIGHTS, INTENSE AUDIO AND VISUAL STIMULI, SUPERNATURAL THEMES, SCENES OF A GRAPHIC NATURE, EXTREMELY LOW VISIBILITY/ TOTAL DARKNESS AND CLAUSTROPHIC SITUATIONS.
b. WHILE WE MAKE EVERY EFFORT TO KEEP YOU SAFE, YOU MUST NOT ENTER A HAUNTED HOUSE IF YOU ARE PREGNANT, INTOXICATED OR UNDER THE INFLUENCE OF MEDICATION OR DRUGS, SUFFER FROM CLAUSTROPHIA OR ANXIETY OR ANY KIND OF PHOBIA RELATED TO DARKNESS HORROR OR THE SUPERNATURAL, ARE PRONE TO SEIZURES OR EPILEPTIC SYMPTOMS, ARE WEARING ANY FORM OF CAST OR MEDICAL BRACE, ARE USING CRUTCHES OR ANY OTHER WALKING AID, OR HAVE HEART, BACK OR RESPIRATORY PROBLEMS. UNFORTUNATELY, THE ASYLUM IS NOT WHEELCHAIR ACCESSIBLE AND YOU MUST NOT ENTER THE ASYLUM IF YOU REQUIRE A WHEELCHAIR.
c. YOU UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT RISKS IN ENTERING THE HAUNTED HOUSES AND YOU ASSUME ALL RISK AND DANGER ASSOCIATED WITH ENTRY TO THE HAUNTED HOUSE.
d. YOU HEREBY RELEASE AND HOLD HARMLESS THE ORGANISER AND ALL AFFILIATES, ASSOCIATES, OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES OF THE ORGANISER AND THE LANDLORD OF THE EVENT GROUNDS FROM AND AGAINST ALL LIABILITY, HARM, LOSS, DAMAGE, EXPENSE, INJURY, DEATH OR COST WHATSOEVER THAT MAY ARISE DIRECTLY OR INDIRECTLY AS A RESULT OF CONDUCT THAT OCCURS INSIDE A HAUNTED HOUSE.
42. The Organiser uses the brand ‘Spooktober’ as a trade mark and is the exclusive owner of logos, artwork, photographs, videos and other material created to promote the Event (“Event IP”). Should you wish to use the Event IP other than for private, non-commercial purposes, you must obtain the prior written consent of the Organiser.
43. By attending the Event and/or purchasing a Ticket, you consent to photos, videos and other recordings being taken of you and used by the Organiser for marketing, promotional and other purposes in its discretion (“Official Content”). You hereby assign to the Organiser all present and future rights in the entire copyright (including rights as a performer) in the Official Content throughout the world in all media in perpetuity.
44. You agree to indemnify and hold the Organiser, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from:
a. Any demands, loss, liability, claims or expenses (including legal fees on a full indemnity basis) made against the Organiser by you or any third party due to or arising out of your attendance at the Event or any breach by you of the terms and conditions of this Agreement.
b. Any demands, loss, liability, claims or expenses (including legal fees on a full indemnity basis) incurred by you or caused to third parties by you, arising out of your attendance at the Event or any breach by you of the terms and conditions of this Agreement.
c. Any damage or loss (including indirect or consequential loss and legal expenses on a full indemnity basis) suffered or incurred by the Organiser resulting from, arising out of or relating to, your attendance at the Event or you breaching the terms of this Agreement.