TERMS AND CONDITIONS OF TICKET SALES AND ENTRY – SPOOKTOBER 2018
These terms and conditions (“Terms and Conditions”) apply to admission to “Spooktober” (“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 (“Organiser”) to be held between 31 October 2018 and 4 November 2018 at St Kilda Town Hall, 99A Carlisle Street, St Kilda VIC 3182 (“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 and will provide notice of this on the Website or at the Event Location.
For the avoidance of any doubt, these Terms and Conditions also apply to admission to the event by Event staff and volunteers, and to Tickets used by volunteers and employees at the Event.
TERMS AND CONDITIONS
Tickets and Entry
1. Entry to the Event Grounds is free. However, you will not be permitted entry to the The Coven or Phobia haunted house attractions (each a “Haunted House” and together the “Haunted Houses”) unless you present a printed Ticket, or display your Ticket (including barcode) on your mobile device, for validation at the ticket booth.
2. Tickets are to be purchased online via www.spooktober.com.au/buy-tickets/ or at the ticket booth at the Event Grounds. If purchased online, Tickets will be sent electronically to the email address nominated at the time of purchase.
3. Each Ticket is valid only for the date and time specified on the Ticket and grants entry to the Haunted House specified on the Ticket only. Games, rides, food and beverages are not included with the Ticket.
4. Entry to the Haunted Houses is free for children under the age of 3 accompanied by an adult.
5. All children under the age of 12 must be accompanied by an adult at the Event at all times.
6. We reserve the right to request proof of age documentation from you before permitting entry to the Event or to a Haunted House, or at any other time.
7. The Organiser reserves the right to:
a. search your person and/or your possessions before allowing entry to the Event or while you are present on the Event Grounds, and refuse entry to the Event Grounds by you, or remove you from the Event Grounds and/or a Haunted House, if you refuse to consent to a search;
b. require you to dispose of any lit cigarette prior to entering the Event Grounds, and refuse entry to the Event Grounds by you, or remove you from the Event Grounds and/or a Haunted House, if you refuse to comply;
c. confiscate any Banned Items (which will not be returned to you), refuse you entry to the Event Grounds and/or to a Haunted House, and/or remove you from the Event Grounds, if you are found with Banned Items in your possession. “Banned Items” include:
i. for all Attendees: food and drinks 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;
ii. for Attendees under the age of 18: alcohol of any kind; and
iii. for Attendees over the age of 18: alcohol not purchased at the Event.
d. report any possession of Banned Items to Victoria Police;
e. refuse entry to, or remove from the Event Grounds, any person smoking 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;
f. 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; andg. 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 for the Event under any circumstances.
9. You may not, without the prior written 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 your goods and services or those of a third party.
Refunds and Replacement Tickets
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:
a. the time of the Event;
b. the Event Grounds,
c. any aspect of the Haunted Houses,
d. the amount and types of attractions,
e. the Event layout; or
f. any other aspect of any Event facility or attraction; (jointly and severally, the “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 the Event, 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 will only be entitled to a refund of the value of the Ticket less any booking fee (at the price you purchased it). For the purposes of these Terms and Conditions, “Force Majeure Event” means 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 Grounds caused by bad weather, rain, flood, drought, storm, lightning, natural disaster, act of god, explosion, sabotage, accident, labour dispute, revocation of permits, council or police rulings or war.Conduct of Attendees
14. You must follow the directions of the Organiser and the Organiser’s 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 infrastructure used or present at the Event (“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. Smoking is not permitted at the Event Grounds at any time by Attendees.
19. 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; AND
c. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 22, 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.
20. The above warnings are in addition to, and do not in any way limit, the safety warnings contained in clauses 30 - 44 of these Terms and Conditions below.
21. 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. LIMITATION OF LIABILITY
22. Your purchase of a Ticket comes with Consumer Guarantees under the Australian Consumer Law. Nothing in these Terms and Conditions is intended to exclude your Consumer Guarantees. For the purposes of these Terms and Conditions:
a. “Australian Consumer Law” means Competition and Consumer Act 2010 (Cth) Schedule 2.
b. “Consumer Guarantees” means the consumer guarantees specified in the Australian Consumer Law.
23. 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.
24. You agree that you will be fully liable for any loss or damage to Event Property or other damage caused by you.
25. To the fullest extent permitted by law and subject to clause 22, 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.
26. In the event that clause 25 is unenforceable for any reason, then our maximum aggregate liability to you in relation to 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, is limited to the price payable for your Ticket.
27. 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, mobile phones or other personal items) brought to or purchased at the Event, including property which is left on the Event Grounds following an emergency evacuation.
28. To the fullest extent permitted by law, 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.
29. 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 providing you with emergency medical assistance when required.
Special Conditions – The Coven and Phobia
30. The following additional conditions contained in these clauses 30 – 44 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 Houses, or from the Event Grounds entirely, without refund for a Ticket.
31. The Coven is not recommended for children under the age of 6.
32. Phobia is not recommended for children under the age of 12.
33. Entry to the ‘after-dark’ tours of the Haunted Houses is not recommended for children under the age of 12.
34. 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 for entering the Haunted Houses, or not permitted entry to the Haunted Houses, if you arrive late.
35. Six (6) to eight (8) people will be permitted entry to a Haunted House at a time. We will make efforts to keep friendship and family groups together but we cannot guarantee this will be possible.
36. You must not use video recording or flash photography in the Haunted Houses.
37. You must switch off your mobile phone in the Haunted Houses.
38. You must not touch any props, decorations, scarers, machinery or equipment in the Haunted Houses.
39. You must not run or push, shove or jostle any other person in the Haunted Houses.
40. You must wear appropriate footwear in the Haunted Houses, with open toed shoes and high heels being not permissible.
41. You are responsible for all of your belongings while in the Haunted Houses. You will not be permitted re-entry to search for lost property.
42. You must not bring any food or beverages (including bottled water) into the Haunted Houses.
43. You may be required to queue to enter the Haunted Houses. Wait times given by Event Staff are an estimate only and may vary due to circumstances outside the Organiser’s control. The Organiser will not offer Ticket refunds for excessive wait times.
44. The following additional safety warning applies to entering 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, ANIMALS, EXTREMELY LOW VISIBILITY/ TOTAL DARKNESS AND CLAUSTROPHIC SITUATIONS.
b. WHILE WE MAKE EVERY EFFORT TO KEEP YOU SAFE WHILE IN A HAUNTED HOUSE, 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, PHOBIA IS NOT WHEELCHAIR ACCESSIBLE AND YOU MUST NOT ENTER PHOBIA IF YOU REQUIRE A WHEELCHAIR.
c. YOU UNDERSTAND AND ACCEPT THAT THERE ARE INHERENT RISKS AND DANGER IN ENTERING THE HAUNTED HOUSES AND YOU ASSUME ALL RISK AND DANGER ASSOCIATED WITH ENTRY TO THE HAUNTED HOUSE.
d. TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO CLAUSE 22, YOU HEREBY RELEASE AND HOLD HARMLESS THE ORGANISER AND ALL AFFILIATES, ASSOCIATES, OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES 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 YOUR ENTRY TO A HAUNTED HOUSE AND CONDUCT THAT OCCURS INSIDE A HAUNTED HOUSE. Intellectual Property
45. 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”). If you wish to use the Event IP other than for private, non-commercial purposes, you must obtain the prior written consent of the Organiser.
46. By attending the Event and/or purchasing a Ticket, you consent to photos, videos, sound recordings 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) and other intellectual property rights which you may have in the Official Content throughout the world in all media in perpetuity. Indemnity
47. You agree to indemnify and hold the Organiser, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from:
a. any Loss or Claim 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 any term of these Terms and Conditions;
b. any Loss or Claim incurred by you or caused to third parties by you, arising out of your attendance at the Event or any breach by you of any term of these Terms and Conditions; and
c. any Loss or Claim suffered or incurred by the Organiser resulting from, arising out of or relating to, your attendance at the Event or you breaching any term of these Terms and Conditions.
48. For the purposes of these Terms and Conditions:
a. “Loss” means loss, damage, liability, charge, expense, payment or cost of any nature or kind, including all legal and other professional costs (calculated on an indemnity basis).
b. “Claim” means any allegation, debt, cause of action, liability, claim, proceeding, suit or demand of any nature.
49. These Terms and Conditions are governed and construed in accordance with the laws of Victoria, Australia. The parties submit to the exclusive jurisdiction of the courts of Victoria, Australia.
50. These Terms and Conditions constitute the entire agreement between the parties and cannot be altered except in writing and signed by both parties.
51. These Terms and Conditions are not to be construed to the disadvantage of a party because that party was responsible for the drafting of a particular clause or term.
52. If any provision of these Terms and Conditions is determined to be unlawful, void or for any reason unenforceable, then that provision will be deemed to be severed from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions