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Macleay Music Muster - Terms and Conditions of Entry

The Macleay Music Muster event will be held on Saturday 4 March 2023 at the Kempsey Showground Sea Street Kempsey. Gates will open at 2.30pm with music from 4pm. This is a free family friendly, alcohol free event.

To ensure the enjoyment and safety of all patrons and staff, the Kempsey Shire Council (KSC) Macleay Music Muster (MMM) Terms and Conditions of Entry below outline the conditions applying to all persons whilst they are at the MMM.

Application

These conditions of entry apply to all patrons of MMM while they are at:

(a) the land and buildings comprising the entire Macleay Music Muster precinct,

Acceptance

By entering the Event, you agree to be bound by these Terms and Conditions of Entry (Conditions).

Reporting

If you are aware of an issue or incident that impacts on your own or others’ health, safety, or enjoyment of the Event, please report it to KSC Personnel straight away.

Directions

You must comply with all requests, instructions or directions made by KSC Personnel

Prohibited Conduct

You must not exhibit or engage in any Prohibited Conduct at any time while at the venue. Intoxicated patrons will not be admitted. Any patrons found to be intoxicated inside the venue will be required to leave.

Prohibited Conduct includes

(a) conduct or behaviour which

(i) threatens the health or safety of yourself, KSC Personnel or Visitors

(ii) is violent, aggressive, threatening, intimidating, offensive, objectionable, humiliating or inconsiderate to KSC Personnel or Visitors

(iii) is disorderly or disruptive

(iv) creates a disturbance or public nuisance

(v) causes, or may cause, any loss or damage to the Event, KSC property, the venue or the property of KSC Personnel or Visitors

(vi) causes, or may cause, disruption to KSC’s business or operations

(vii) interferes with or distracts, or may interfere with or distract, artists, performers or crew

(viii) interferes with, or may interfere with, other Visitors’ enjoyment of a performance or event or the Event

(b) use of language or display of any sign, item or material which is offensive or objectionable according to community norms, including content which is sexually explicit, expresses racial hatred or represents violence;

(d) canvassing or hawking

(e) entering non-public areas of the Event without KSC’s permission; and

(f) accessing KSC’s information or security systems without KSC’s permission.

Appropriate clothing

While present in the Event, you must wear appropriate clothing and footwear at all times.

Prohibited items

You must not bring any Prohibited Items into the Event.

Prohibited Items include:

(a) alcohol

(b) dangerous or hazardous items

(d) controlled, dangerous or illegal substances

(e) drones or unmanned aerial vehicles (which you must not bring into the Event or the airspace over the Event)

(f) flammable devices, fireworks, explosives, smoke canisters, aerosols, air-horns, noisemakers, flares, laser devices or pointers, or glow sticks

(g) glass bottles

(h) inflated balloons or confetti

(i) scooters, skateboards or similar devices, whether motorised or not

(j) weapons, including knives, or any item which may be used as a weapon

(k) any animals other than guide, hearing and assistance dogs

(l) any other item which:

(i) presents or may present a risk to the health or safety of any person; or

(ii) poses or may pose a hazard or nuisance to any person; and

(m) any item which KSC suspects could be any of the above.

KSC may confiscate any Prohibited Item that you bring into the Event and deal with it in any way that KSC considers appropriate.

Search and inspection

You must allow authorised KSC Personnel to inspect any bags or other personal possessions or items, including clothing or footwear, that you bring into the Event.

Unattended items

You must not leave any Unattended Items at the Event.

Unattended Item means a personal or other item that you bring into the Event and do not keep on your person at all times while at the Event

KSC may deal with any Unattended Items in any manner KSC deems appropriate and without notice to you.

Recording Devices

Recording Devices include recording or live streaming devices of any kind, including:

(a) still and digital image capture devices;

(b) sound recorders;

(d) mobile telephones, watches and other personal devices.

You must surrender a Recording Device in accordance with any KSC Directions. KSC will retain the Recording Device until the performance or event has concluded. It is your responsibility to collect the Recording Device immediately after conclusion of the performance or event.

You must delete any photographic, video or audio images or recordings made in breach of these Conditions in accordance with any KSC Directions. KSC may retain the Recording Device until the images or recordings have been deleted. KSC will deal with any Recording Device that it has retained in accordance with this paragraph 33 and that you have not collected within one week as lost property (see paragraph 26).

Food and beverages

You must not bring any alcoholic beverages into the Event. Bags and esky’s will be checked for alcohol.

No smoking

Smoking is prohibited at all council events as KSC Procedure 1.2.13 Outdoor Smoke Free Procedure

Infants

An Infant may attend a performance or event, provided that they:

(a) are accompanied by an Adult (in the case of a performance or event with paid entry – the accompanying Adult must have purchased a ticket); and

Infant means a person aged 2 and under.

If you are the accompanying Adult of an Infant, you must:

(a) ensure that the Infant complies with these Conditions; and

(b) remove the Infant from the Performance Location in accordance with any KSC Direction.

Unaccompanied minors

Unaccompanied Minors are not permitted anywhere within the Event.

You must not leave an Unaccompanied Minor at the Event at any time.

Unaccompanied Minor means a person:

(a) under the age of 16 years who is not accompanied by an Adult at all times while in the Event; or

(b) whom KSC considers may be under the age of 16 years and not accompanied by an Adult, who does not provide KSC with satisfactory evidence to the contrary.

KSC does not accept any responsibility for Unaccompanied Minors in the Event. This responsibility remains with the minor’s parent, guardian or carer.

KSC may take any action it considers necessary in relation to Unaccompanied Minors in the Event, including:

(a) removing the minor from the Event

(b) contacting the minor’s parents, guardians or carers; and/or

Cameras and recording

KSC may create records of events and activities taking place at the Event for reporting, archival or promotional purposes. These records may include images, film and/or sound recordings.

Emergency medical treatment

You agree to the attendance of KSC First Aid Officers, paramedics or emergency medical personnel if deemed necessary by KSC.

If you require or receive medical treatment while at KSC, you must inform KSC of the circumstances, including the treatment required or received.

KSC keeps records of all incidents and medical treatments. KSC deals with these records in accordance with KSC’s Privacy Policy, available on KSC’s website: www.kempsey.nsw.gov.au

Privacy

KSC collects and deals with personal information in accordance with KSC’s Privacy Policy, available on KSC’s website www.kempsey.nsw.gov.au

Ticket conditions

These Conditions relate to your attendance at the Event.

KSC may refuse to allow you to enter a Performance Venue if you:

(a) cannot produce a valid ticket to attend the relevant event;

(b) cannot produce proof of your concession entitlement when you produce a concession ticket; or

(c) you produce a ticket that has been handled or dealt with in a way that is contrary to the including a ticket which has been sold by a reseller).

Risk and indemnity

You voluntarily assume the risk of, and indemnify and hold harmless KSC and KSC’s Personnel against:

(a) all damage and loss (including property damage, personal injury and economic and consequential loss) sustained by you, directly or indirectly, as a result of or in connection with your attendance at the Event, however arising, including damage or loss caused by the act, omission or negligence of KSC, KSC’s Personnel or Visitors.

Application of Terms

By purchasing a ticket through Eventbrite, you acknowledge and agree to comply with these Terms and Conditions.

The Venue’s terms and conditions of entry are incorporated into these Terms and Conditions and apply to your ticket. The Venue’s terms and conditions of entry are available online or you can ask KSC for a copy.

Ticket Allocation

Tickets are only valid if registered through Eventbrite

Ticket sales may be limited to a specified number of tickets. KSC may cancel or refuse to accept orders which it believes are placed in excess of any such limits.

Lost or Stolen Tickets

Where tickets are lost, stolen, misplaced or destroyed, KSC may require proof of identity and registration, prior to issuing a replacement ticket.

Terms and Conditions of Entry

Attendance at the event and the right of admission is reserved by the Venue and the KSC

By attending an event, you agree to the Venue’s terms and conditions of entry.

The use of photographic or recording devices of any kind is not permitted, unless otherwise expressly permitted by the Venue. Bags and possessions may be inspected prior to admission.

You may be refused entry or required to leave the Venue if you do not comply with the Venue’s terms and conditions of entry. Tickets will not be exchanged or refunded in these circumstances, unless required by law (including the Australian Consumer Law).

Refunds, Exchanges, Cancellations and Changes

The Presenter may add, withdraw or substitute artists (including the opening act/s) or vary advertised programs, performance times, Venue, seating arrangements or audience capacity. Tickets will not be exchanged or refunded as a result of these changes, except as provided for in these Terms and Conditions, or as required by law (including the Australian Consumer Law).

If an event is cancelled, rescheduled or significantly relocated KSC will attempt to notify ticket holders of the cancellation, rescheduling or relocation. However, KSC does not guarantee that ticket holders will be informed of such cancellation, rescheduling or relocation prior to the event.

You may be entitled at law to a refund or exchange where an event is cancelled, rescheduled or significantly relocated. To the extent permitted by law (including the Australian Consumer Law), neither KSC will reimburse you for auxiliary expenses (such as the cost of travel, car-parking, child-care and accommodation) or other consequential loss suffered by you in connection with your attendance or non-attendance at an event.

If KSC reasonably forms the view that a ticket has been acquired fraudulently, KSC may cancel the ticket.

No Scalping or Other Unauthorised Sales

Tickets must not be resold or offered for resale at a premium or packaged, resold or otherwise offered for advertising, promotional or other commercial purposes (including competitions) without KSC prior written consent. If a ticket is sold or used in contravention of this condition, the ticket may be seized or cancelled without refund or exchange and the bearer of the ticket may be denied admission.

Children

All persons under 16 must be accompanied by an adult whilst at the Venue.

Privacy

By registering for a ticket through KSC, you consent to the collection, use, disclosure and handling of your personal information as detailed in:

KSC’s privacy policy available at www.kempsey.nsw.gov.au

Voluntary Assumption of Risk

You enter the Venue at your own risk.

You understand that attendance at any event and/or the Venue may carry with it certain dangers, including the risk of injury and damage to you or your property.

By attending the event and/or the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Venue. This includes damage or loss caused by the acts or omissions of other ticketholders, visitors, guests, and the employees and agents of KSC, and the Venue.

Limitation of Liability

To the extent permitted by law (including the Australian Consumer Law), KSC are not liable to you for any loss, damage, injury, delays, additional expenses or inconvenience arising as a result of your attendance or non-attendance at the Venue and/or the event. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law, the liability of KSC and the Presenter is limited to the minimum permitted by law.

General

These Terms and Conditions may be varied at any time. Any variations become effective on the day immediately after their publication on the KSC website and apply to any purchases made after that date.

If any part of these Terms and Conditions is held to be invalid, illegal or unenforceable, it will be disregarded to the extent of its invalidity and the remainder of these Terms and Conditions will remain in full force and effect.

These Terms and Conditions are governed by the laws of NSW Australia.

Any claim, damage or loss suffered by KSC or KSC’s Personnel directly or indirectly as a result of or in connection with your breach of any Law, your breach of these Conditions, or your negligent or fraudulent act or omission.

Refusal of entry, removal and banning

KSC may in its absolute discretion:

(a) refuse you entry to the Event or any part of it;

(b) ask you to leave the Event or any part of it;

(d) ban you from:

(i) entering the Event or any part of it;

(ii) purchasing any tickets from KSC; and/or

(iii) attending KSC performances,

for a fixed period of time or indefinitely.

Without limiting conditions above, KSC may act and not provide you with any refund for any goods or services that you are unable to use as a result if KSC determines that you have engaged in Prohibited Conduct:

(a) at the Event; or

(b) in communication with any KSC Personnel by mail, telephone, email, other internet service or any other means.

If you refuse to comply with a KSC Direction not to enter, or to leave, the Event (including, without limitation, under a banning notice):

(a) authorised KSC Personnel may use such force as is necessary to remove you from the Event; and/or

(b) KSC Personnel may contact the New South Wales Police Service or other relevant authorities.

Amendment

KSC reserves the right to amend these Conditions at any time, without notice to you.