The terms and conditions set out below (“Terms and Conditions”) relate to Grampians Grape Escape (“Event”), a festival hosted by Grampians Grape Escape Inc.
They constitute a binding contract between Grampians Grape Escape Inc (ABN 45 706 083 129) and the person holding or using a ticket to the event Grampians Grape Escape (“Event”) at the Halls Gap Recreation Reserve (“Venue”) irrespective of whether the ticket was purchased by the person holding or using the ticket and applies to any subsequent holders or recipients of the ticket (“you” or “your”).
- Terms and Conditions are binding
The Event Terms also apply as relevant to any bus transfer service to/from the Event (“Bus Service“) available for purchase via Grampians Grape Escape, and any ticket for the bus service (“Bus Ticket“) shall be considered an Event Ticket (“Event Ticket“) for the purposes of these Event Terms except where expressly excluded or context indicates otherwise.
- Compliance with Laws and Directions
- You must follow all reasonable directions of Grampians Grape Escape and any of its Directors, Board Members, Officers, Employees, Volunteers, Agents, Contractors and subcontractors, as well as any Venue staff (“Event Staff”), including but not limited to Security, bar, safety and traffic management personnel and directions conveyed on signage at the Event Site, and comply with all applicable laws (including regulations) at all times before, during, and directly after the Event (including but not limited to liquor licensing, smoking laws and regulations and complying with total fire ban requirements).
- Grampians Grape Escape may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of Grampians Grape Escape in connection with the Event.
- In the case of an emergency or serious injury, you must follow all official directions of or authorised by Grampians Grape Escape, Security staff, Fire Wardens, Safety Officers and Emergency Services personnel.
- Whilst awaiting entry to the Event, attending the Event and exiting the Event, you agree to comply with any physical distancing orders or other health/safety orders in force at the time of the Event and any reasonable directions or instructions given by Grampians Grape Escape in relation to the same.
- Refusal of entry or eviction from Event
- Grampians Grape Escape reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Event Site that: fails to comply with the Event Terms; appears to be unwell or is showing symptoms (including mild presentations) of a contagious disease; engages in any illegal activity or behaviour or any activity or behaviour deemed in Grampians Grape Escape’s absolute discretion to be unsafe, disorderly or antisocial, including, but not limited to being intoxicated or affected by alcohol or drugs; crowd surfing, moshing or stage diving; entering non-public or designated no access areas of the Event Site or areas of the Event Site to which your Event Ticket does not permit access; climbing the staging, rigging or other structures at the Event Site; causing damage to property or goods at the Event Site; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner or for any other reason in Grampians Grape Escape’s absolute discretion.
- COVID-19 Entry Conditions
- You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (COVID-19). The Australian government or other public authority may introduce laws, regulations, orders and/or mandates relating to COVID-19 which may impose additional conditions of entry to the Event. You acknowledge that you may be refused entry to the Event if you cannot meet the requirements of any laws, regulations, orders, or mandates relating to COVID-19 which are in force at the time of the Event.
- Additionally, by attending the Event and entering the Event Site, you warrant that you will abide by Grampians Grape Escape’s COVID-19 plans, policies, and procedures, and comply with all laws, regulations, and orders in relation to COVID-19 that are in force during the performance of your attendance at the Event.
- Event Tickets
- Grampians Grape Escape uses third parties intermediaries to sell Event Tickets. No other third party is authorised to sell Event Tickets other than the official event ticketing partner as advertised on the Event website. Ticket sales may be subject to the terms and conditions of these third parties (including as to payment methods and charges), and you are solely responsible for paying any and all booking fees and charges in connection with the sale, including but not limited to transaction and processing fees, such as credit card fees (which for the avoidance of doubt are additional to the advertised ticket price).
- Entry to the Event Site will be granted upon presentation of a bar-coded Event Ticket subject to the entry requirements set out in these terms and conditions. Your Event Ticket must be presented upon arriving at the Event Site where it will be exchanged for a wristband. The wristband must be worn at all times while you are at the Event Site.
- Event Tickets or wristbands that are lost, stolen or destroyed will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Wristbands that have been removed, tampered with, damaged or defaced will be rendered invalid and will not be replaced, unless otherwise determined by the Grampians Grape Escape Event Staff. In this instance, identification will be required. Any person found without a wristband may be evicted from the Event Site by Grampians Grape Escape’s Event Staff. You acknowledge that wristbands must not be exchanged.
- You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.
- Event tickets will have your name printed on them or will be otherwise registered to your name. The name on your event ticket, or the name to which your event ticket is registered, may be changed by contacting the Grampians Grape Escape ticket resale merchant at https://tixel.com/au, subject to payment by you of any applicable fees charged by the ticketing merchant.
- Any complimentary Event Tickets provided by Grampians Grape Escape may not, without the prior written consent of Grampians Grape Escape, be sold, transferred or used by anyone other than the person whose name is on the Event Ticket or to which the Event Ticket is registered.
- Unless otherwise provided for in these Event Terms or required by law, Event Tickets are not exchangeable or redeemable for any other event, or any other consideration, monetary or otherwise.
- Ticket Restrictions
- Event Tickets may only be sold by you via Grampians Grape Escape’s official ticketing partner, Humantix and official resale partner, Tixel.
- Event Tickets may not otherwise, without the prior written consent of Grampians Grape Escape, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket is sold or offered for resale or used in breach of this condition, the Event Ticket may be cancelled without a refund and the holder of the Event Ticket may be refused admission or evicted from the Event.
- Grampians Grape Escape reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person and may cancel any Event Tickets obtained above such limit by any one person.
- Search on entry to Event Site
It is a condition of entry to the Event Site that a search of you and/or your possessions be conducted at the time of entry to the Event Site and at other times if requested by Grampians Grape Escape or Event Staff. This may include, but is not limited to, bag checks, vehicle searches, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Event Site or evicted from the Event Site.
- Prohibited Items
- Grampians Grape Escape and Event Staff may confiscate any Prohibited Items or any other items which Grampians Grape Escape, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items (if any) will be donated to a charity or charities of Grampians Grape Escape’s choice.
- The following items are prohibited and must not be brought into the Event Site (Prohibited Items):
- Glass of any kind (including bottles and jars)
- Illegal or illicit substances
- Weapons of any sort including tasers and pepper spray
- Items capable of being used as a projectile
- Baseball bats and cricket bats or any similar item or equipment
- Animals (excluding service dogs such as guide dogs and police/emergency service dogs)
- Flares, fireworks, sparklers or fire twirling equipment
- BBQs, gas bottles and butane cannisters or cylinders
- Fires and open flames of any kind
- Flammable items
- Large sound systems
- Portable laser pens/equipment
- Couches, armchairs or large items of furniture
- Studded clothing, footwear or accessories
- Umbrellas and tents
- Audio or video recording devices (other than a mobile phone) or selfie sticks
- Professional photography equipment (e.g. telephoto lenses; any lens over 20cm; any detachable lens or anything deemed by Grampians Grape Escape to be professional photography equipment)
- Skateboards, scooters, rollerblades, roller-skates, bicycles, motorised vehicles or similar
- Political, religious, offensive or race-related materials; club patches or jackets
- Any other dangerous, unsafe, illegal or offensive items
- If you have any medical or mobility equipment necessary for your health and mobility that may otherwise be considered a Prohibited Item, please bring this to the attention of Grampians Grape Escape or Event Staff prior to entry to the Event.
- Smoking and E-Cigarettes Policy
Grampians Grape Escape may make available designated smoking areas in their sole discretion. Smoking and E-Cigarettes are only permitted in designated smoking areas (if available). Any person found smoking or using e-cigarettes at the Event (other than in a designated smoking area) may be evicted from the Event.
- Photographing and/or recording of the Event
- Personal digital cameras are permitted at the Event. Single-lens reflex (SLR) and digital single-lens reflex (DSLR) cameras are permitted at the Event Site, but professional photography equipment (including, but not limited to telephoto lenses, any lens over 20cm or any detachable lens) is not permitted at the Event without media accreditation issued by Grampians Grape Escape. Grampians Grape Escape shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment. Photos of artists, musicians, guest chefs, emcees and/or the Event are permitted only on the basis that:
- images are only used for private and personal use; and
- images cannot be made available for sale and/or public display.
- Recording or filming the Event is strictly prohibited. Grampians Grape Escape reserves the right to confiscate and/or delete any footage, recordings and/or photographs created by unauthorised or prohibited recording, filming or photography.
- Recording and Photographing of the Event by Promoter
You consent to be included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of Grampians Grape Escape (“Materials”). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to Grampians Grape Escape any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for Grampians Grape Escape to hold and exploit in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of Grampians Grape Escape or third parties), free from any claims whatsoever from you. You waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to Grampians Grape Escape, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.
- Restricted Capacity Areas
You acknowledge that Grampians Grape Escape may set restrictions on the number of people that can attend certain areas of the Event Site, such as within buildings or structures, within enclosed areas or at stages (“Restricted Capacity Areas”). Once the maximum capacity, as determined by Grampians Grape Escape, at any Restricted Capacity Area has been reached, Grampians Grape Escape or Event Staff may prevent further admissions to the Restricted Capacity Areas. Your purchase of an Event Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached and you will not be entitled to a refund if you are prevented from entering a Restricted Capacity Area. If you attempt to enter or enter a Restricted Capacity Area where you are not permitted to do so, you may be evicted from the Event.
The Event is fully licensed. You must not bring alcohol into the Event Site. Only alcohol purchased from bars at the Event may be consumed at the Event Site. You must be aged 18 years or over to purchase and/or consume alcohol on the Event Site and you must provide Valid Photo ID in order to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Event Site and Grampians Grape Escape may report your conduct to the police.
- Food and non-alcoholic drinks
Food and non-alcoholic drinks are not permitted into the Event Site. The contents of any unsealed bottles will not be permitted into the Event Site, but unsealed empty plastic bottles (no glass) are permitted into the Event Site for filling with water at the Event Site. Cooking facilities will not be provided at the Event Site.
- Cashless Event
The Event may be cash free. Grampians Grape Escape and Venue reserve the right to designate card as the only accepted form of payment at any point of sale at and in the Event.
- Drugs and illegal substances
If you are found supplying, consuming or in possession of illicit drugs or illegal substances by Grampians Grape Escape or Event Staff, you shall be evicted from the Event Site and Grampians Grape Escape may notify the police.
- Signage and Sales
You are not permitted to display any trading signs at the Event Site without prior written consent of Grampians Grape Escape. You must not sell any goods or services or give away political, religious, advertising or promotional materials without the prior written approval of Grampians Grape Escape.
- Clothing, footwear and ear plugs
Appropriate clothing and footwear must be worn at all times at the Event Site. Any person wearing high heels, studded clothing, or other clothing items which pose a safety threat or may otherwise cause offense (ie: political, offensive language, commercial logos), in Grampians Grape Escapes’ sole discretion, may be refused entry or evicted from the Event. Due to the noise levels at the Event Site, you should wear ear plugs at all appropriate times during the Event.
- Movement around the Event Site
- You must take reasonable care when moving around, or traversing, the Event Site. You must move (whether on foot or in a vehicle) in an orderly fashion, in accordance with the directions of Grampians Grape Escape and Event Staff, and you must not do anything that may hinder, or prevent, the safe passage of other patrons or Event Staff at the Event Site or the surrounding areas (including entering and exiting the Event Site). Where maps of the Event Site are made available by Grampians Grape Escape, you should familiarise yourself with the layout of the Event Site, including the location of any emergency exits, to assist with moving around the Event Site safely in the event of an emergency.
- Grampians Grape Escape will endeavour to make the Event Site accessible for those using wheelchairs, mobility scooters or with a disability; however you acknowledge that the Venue has pre-existing natural terrain and pre-existing structures and facilities, and in some cases it may be impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Event Site accessible for all patrons. By purchasing an Event Ticket, you acknowledge and understand that some public areas of the Venue may not be accessible by all patrons. So that Grampians Grape Escape can do its best to meet your needs, please contact them directly at email@example.com for more information prior to the Event if you have specific accessibility requirements.
- Injury or illness
In the event of injury or illness Grampians Grape Escape or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of Grampians Grape Escape or Event Staff) for your health or safety or for the health and safety of other persons at the Event.
- Environment and facilities
Please be respectful of the environment and place any litter in the recycle or other bins provided around the Event Site. When you need to use the toilet, you must only use the public toilet facilities provided at the Event Site. You must not damage, improperly use or tamper with any public facility or infrastructure at the Event Site, or intentionally or recklessly cause any damage or interference to plants or animals at the Event Site or in the area surrounding the Event Site.
- Your belongings
You enter the Event Site at your own risk and shall be responsible for the safety and security of all your belongings brought into the Event Site. Patrons may bring their own table, no bigger than a card table. Patrons may bring their own folding chair and/or picnic blanket. Grampians Grape Escape accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event
- Weather conditions
The Event is an all weather event and will take place rain, hail or shine (unless Grampians Grape Escape determines otherwise in its absolute discretion). You should be prepared for all weather conditions. The geographical area in which the Event is situated may be subject to extremes of temperatures.
- Swimming Not Permitted
In the event that there are any rivers, lakes, streams, water courses, dams, pools or any other bodies of water at or around the Event Site, swimming is not permitted.
- Leaving the Event Site
At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. Grampians Grape Escape will not be responsible for any of your property left at the Event Site and Grampians Grape Escape may discard, sell or donate to charity any property left at the Event Site following the conclusion of the Event.
- Alterations to the Event
- To the extent permitted by law and subject to these Event Terms, Grampians Grape Escape reserves the right to change, add, withdraw or substitute artists, festival guests and, vary the advertised program, the date, the entry and exit times, the amenities, the facilities, the attractions, the entertainment, the Event Site at its discretion without prior notification. You acknowledge that Grampians Grape Escape does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties by Grampians Grape Escape regarding the above in connection with your purchase of an Event Ticket. The Event is provided ‘as is’ and to the extent permissible by law, Grampians Grape Escape makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event.
- Without limiting the foregoing, you agree and acknowledge that Grampians Grape Escape may need to make significant changes to the Event in response to COVID-19 and to comply with any legislation, regulation, health order or other government direction or recommendation in place to prevent the spread of COVID-19 and that these changes may occur after you purchase your Event Ticket, at any time prior to the Event. These restrictions may include seating or dancing arrangements, format of the event (including location and visibility of the stages or screens), and the creation of restricted zones within the Venue. You agree and acknowledge that except where required by law, you will not be entitled to a refund in these circumstances.
- If Grampians Grape Escape determines that a reduction to the capacity of the Event is necessary or desirable, the first purchased Event Tickets will remain valid up to the revised Event capacity. Any other Event Tickets will automatically be transferred to the next Grampians Grape Escape event but those ticket holders will be entitled to request a refund in line with further information provided by Grampians Grape Escape at such time.
- Refund and Cancellation Policy
- Grampians Grape Escape may deny admission to the Event Site in accordance with the Event Terms or otherwise in its absolute discretion.
- Grampians Grape Escape does not offer refunds or exchanges due to a patron’s change of mind or personal circumstances.
- Except where required by law in accordance with Live Performance Australia’s Ticketing Code of Practice, there will be no refund of any event tickets or for any unused portion of an event ticket. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or affected from the Event Site by a Grampians Grape Escape security or Event Staff in accordance with the Event Terms, if you leave the event site prior to the conclusion of the Event, if you purchase the incorrect type of Event Ticket, if you leave the Event Site prior to the conclusion of the Event or if you purchase the incorrect type of Event Ticket.
- If the Event cannot take place (in whole or in part) as a result of any act of God; extreme weather; bushfires; war; council or governmental rulings or decisions; actions or decisions of the police or other authorities; cancellation by the Venue owner, lessee or controller; or for any reason outside of Grampians Grape Escape’s reasonable control (“Force Majeure Event”), then Grampians Grape Escape may, at their sole discretion:
(a) Postpone the Event. Provided that the Event is postponed within twelve (12) months of the original advertised Event Date, Grampians Grape Escape may continue to hold payment for the Event Ticket and you shall not be entitled to a refund. Instead, you shall have the right to use the Event Ticket to attend the postponed Event. If the Event is not postponed within the specified period above, it will be considered a cancellation in accordance with clause (b) below.
(b) Cancel the Event. If the Event is cancelled by Grampians Grape Escape due to a Force Majeure Event, then Grampians Grape Escape may grant a refund in their sole and absolute discretion unless otherwise required by law. Any refunds will be less a reasonable administrative service fee at the organiser’s absolute discretion to cover expenses incurred from the cancellation.
27.4. The parties agree that where it is impossible or unreasonably impractical for the Event to take place due to any statutory or regulatory decision in connection with the COVID-19 or any other transmissible disease, it shall be treated as a Force Majeure Event, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of purchase of the Event Ticket.
To the full extent permitted by law, you waive all legal rights of action against and fully release Grampians Grape Escape; Event Staff; the owners, lessees and controllers of the Event Site and Venue; and the respective members, directors, officers, employees, volunteers, contractors or agents of the aforementioned (“Released Parties”) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss suffered or incurred howsoever arising out of or in connection with (whether directly or indirectly) (A) the performance or non-performance by Grampians Grape Escape of any part or whole of these Event Terms (including any liability under contract or tort) or (B) your purchase of an Event Ticket and/or attendance at the Event; including but not limited to (i) damage to your or any other person’s computer or device resulting from purchase of an Event Ticket (ii) any theft, loss or damage to your property (including motor vehicles) at the Event (iii) any variation to the Event as stated in these Event Terms; (iv) your choice to consume any alcoholic beverages or participate in any activities at the Event; (v) any other loss or damage caused by the your negligence or the unforeseeable actions of other patrons; (vi) contracting a transmissible disease as a result of your attendance at the Event.
By purchasing an Event Ticket, you agree to indemnify the Released Parties against any loss or damage any of them may suffer as a result of your wilful, negligent or reckless acts or omissions at the Event or as a result of your breach of the Event Terms.
- Grampians Grape Escape’s Liability
To the extent permitted by law (including the Australian Consumer Law), the Released Parties will not be liable or responsible for any loss, damage, injury, delays, additional expenses or inconvenience suffered or incurred by you or any person in or entering or exiting the Event Site, participating in the Event or otherwise in connection with the Event whether caused by the negligence of Grampians Grape Escape or any of the Released Parties and whether arising in tort, contract, bailment or otherwise. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law (being Schedule 2 of the Competition and Consumer Act 2010 (Cth)) (“Australian Consumer Law”), Grampians Grape Escape limits its liability in respect of breach of any statutory guarantee under the Australian Consumer Law in the manner set out in section 64A(2)(b) of the Australian Consumer Law.
- Voluntary Assumption of Risk
Entry to the Event Site is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury (including but limited to any injury or illness, or loss related to or caused by COVID-19 or other transmissible disease) and damage to you and your property. By attending the Event and entering the Event Site, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Event.
- Your Personal Information
- Variations to Event Terms
These Terms and Conditions and/or any of the Event Terms may varied at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.
- Novation or Assignment
Grampians Grape Escape may novate or assign its rights and/or obligations under these Terms and Conditions. Where the assignee or novatee assumes the rights and/or obligations of Grampians Grape Escape under these Terms and Conditions, Grampians Grape Escape shall be released from all such rights or obligations.
If any provision or part of a provision of these Terms and Conditions is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.
- Governing law
These Terms and Conditions shall be governed by and construed in accordance with the laws of Victoria and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.