Autumn Blues - Terms and Conditions

AUTUMN BLUES: ticket terms and conditions

1. 1. 1. Design Noir Pty Ltd (ABN 78 102 609 263) of 2 Taylor Drive, Darley, Victoria, 3340, trading as Urban Markets (Urban Markets, we, us or our) is the organiser of the Event.  
      2. Tickets for the Event are sold by Urban Markets via the third party platform Eventbrite. By purchasing tickets for and/or attending the Event, ticketholders (you or your) will be deemed to have accepted, and agreed to be bound by, these terms and conditions and Eventbrite’s terms and conditions (collectively the Terms), together with our Privacy Policy.
      3. If you are under 18 years, your parent or guardian must read these Terms and our Privacy Policy and accept them on your behalf. We will assume, if you are under 18 years, that you have complied with these requirements.
      4. To the extent of any inconsistency between these Terms and any other reference to the Event, these Terms prevail.

1. 1. 1. All tickets for the Event are sold via the Eventbrite platform linked on our Website and are subject to the Terms. No other third party is authorised to sell tickets for the Event and any such tickets will not be valid for entry.
      2. It is your responsibility to ensure you purchase the correct tickets for the Event. You must provide the correct contact information, including name, contact number and email for each individual ticketholder attending the Event at the time of purchase.
      3. Tickets may be subject to additional charges imposed by third parties (eg Eventbrite) and you are responsible for paying any additional charges including any booking, credit card, transaction or processing fees and/or charges in connection with the purchase of tickets for the Event.
      4. Each ticket purchase for anyone under 18 years must be accompanied by a ticketed responsible adult.
      5. We reserve the right to:
         1. request proof of eligibility at the Event for any concession or discounted ticket purchases; and
         2. enforce any published limit on the number of tickets to the Event that can be purchased in any 1 transaction.
      6. To the extent permitted by law, all ticket sales (including any complimentary tickets provided by us) are final and are not:
         1. transferrable;
         2. exchangeable;
         3. able to be upgraded or downgraded;
         4. redeemable for any other event;
         5. able to be used for or in promotions, advertising, competitions or for other commercial purposes without Urban Markets’ written consent; or
         6. to be offered for re-sale or resold without Urban Markets’ written consent.
      7. All tickets sold for the Event are standing room only unless you are otherwise notified by us.
      8. By attending the Event, you may be subject to the terms and conditions, privacy policy and/or another document of a third party. You should carefully review any such documents. Urban Markets is not responsible for the practices of any third parties.
      1. To the extent permitted by law and in accordance with Live Performance Australia’s Ticketing Code, Urban Markets does not offer refunds for the following reasons:
         1. failure or inability to attend the Event;

1. 1. 1. 2. change of mind (including due to inclement/severe weather);
         3. changes to support acts/festival acts line up/program;
         4. late attendance;
         5. refused entry or eviction from the Event;
         6. Event dislike or dissatisfaction;
         7. fear of exposure to COVID-19;
         8. lost/stolen/invalid or fake tickets; and/or
         9. any similar occurrence or event.

1. 1. 1. You must present your bar-coded Event ticket upon arrival at the Event where, once verified, will be exchanged for a wristband to gain entry to the Event. 
      2. Event tickets and wristbands should be treated like cash. To the extent permitted by law, lost, stolen or damaged wristbands/tickets will not be refunded or replaced.
      3. You must wear your wristband for the entire duration of the Event. Event staff may require you to leave the Event if you are not wearing an Event wristband.
      4. Any tickets found to be purchased or obtained illegally will be refused entry to the Event and may be referred to Victoria Police.
      5. Pass outs will be available at the Event.
      6. For security and liquor licensing reasons, all bags/and or persons may be searched before entry into the Event.
      7. There are no cloak rooms or storage facilities available at the Event.

1. 1. 1. We recommend you arrive early on the day of the Event to avoid any congestion or delays in entering the Event. Gates are scheduled to open at 10:00am (subject to any required changes).
      2. If you arrive late to the Event, we reserve the right to refuse or delay your admission to the Event.
      3. The Event will operate in all weather. It is your responsibility to ensure you (and anyone under the age of 18 you are responsible for) are wearing adequate clothing, footwear and any other protection (eg hats, sunscreen, rain jackets, warm clothing) necessary for the time of year and any weather conditions on the day of the Event.
      4. We reserve the right at any time to change, update and vary the artist line up, program and/or the schedule for the Event including adding, substituting or withdrawing artists or attractions, and increasing and/or decreasing Event capacity, without notice.
      5. To the extent permitted by law, if the Event is rescheduled, significantly relocated and/or cancelled due to actions or events outside of, or independent of, our control, any remedies or refunds will be in our reasonable discretion. Any refunds provided will be refunded to the original ticket purchasers payment method.

1. 1. 1. You acknowledge and understand that:
         1. the Event may involve medical or health risks, including risk of physical or mental injury (including aggravation, acceleration or reoccurrence of a pre-existing injury), risk of illness (including COVID-19) and risks to your personal property; and
         2. you are responsible for:
            1. ensuring that you have adequate insurance to cover any personal injury, accident and/or illness arising out of, or in connection with, your attendance at the Event;
            2. the safety and security of your personal property or equipment during and after the Event;
            3. wearing appropriate clothing and footwear when attending the Event, including to avoid the risk of injury; and
            4. where possible, social distancing and/or taking appropriate protective measures (such as wearing a face mask and sanitising your hands) to mitigate the risk of transmission of COVID-19.
      2. You warrant that you are physically and mentally fit to safely attend the Event. If you are:
         1. aware or become aware of any illness, injury or other condition, whether physical or mental, that may impair your ability to safely attend the Event or that may impact the safety or health of others; or
         2. uncertain whether you are sufficiently fit to attend the Event,

then you must refrain from attending the Event.

1. 1. 3. You agree to:
         1. attend the Event solely at your own risk; and
         2. receive any medical treatment, including ambulance transportation, that Urban Markets (or its employees, volunteers, contractors, partners or agents) deem necessary or advisable in the event of injury, accident and/or illness during the Event.

1. 1. 1. During the Event, photos, screenshots, videos and/or audio and visual recordings, including screen recordings (collectively, Photos) may be taken of you.
      2. If you do not wish to have Photos taken of you, please do not attend the Event.
      3. You understand:
         1. you may be captured in the Photos; and
         2. the Photos may reveal your Personal Information (ie identify you or be capable of identifying you), including your sensitive information (eg race, health conditions and religious beliefs).
      4. You consent to us:
         1. taking Photos of you during, or immediately before or after, the Event; and
         2. using the Photos worldwide for the purposes specified at 7.1(b)(iv), whether in their original form or edited or altered.
      5. Our rights to use the Photos will be in perpetuity.
      6. Given the nature of the internet, a Photo of, or featuring, you that we share or publish online or via social media:
         1. will be available and accessible worldwide and may be distributed, shared, liked or tagged by third parties worldwide; and
         2. we will not be able to ensure overseas viewers do not breach the relevant Australian Privacy Principles in relation to that Photo.
      7. We own the Photos we take of you, including the Intellectual Property Rights subsisting in those Photos.
      8. You acknowledge that you are not entitled to remuneration, royalties or any other payments from us in respect of the use of the Photos by us or anyone else.
      1. Urban Markets is not responsible to you or anyone else for the use or publication of any Photos (including screenshots) or recordings, which are taken during the Event by persons not authorised or approved by Urban Markets.

1. 1. Collection notice
      1. We will collect your Personal Information in the course of conducting the Event, including:
         1. any contact details we reasonably request from you when you purchase a ticket for the Event in accordance with these Terms; and
         2. any Photos we take of you while you attend or participate in the Event.
      2. We may use your Personal Information:
         1. to organise and host the Event;
         2. to register you for, and communicate with you about, the Event;
         3. to contact you about other events; and
         4. for our marketing and promotional purposes, including posting, uploading, sharing or otherwise using your Personal Information (such as your name) in any media (including the Website and our social media channels, such as Instagram and Facebook), worldwide, for an unlimited period and without payment to you. This may include promoting this Event, and any other events we may host.
      3. If you do not provide your Personal Information, you will be unable to attend the Event.
      4. Visit our Privacy Policy for information on our privacy practices, including how you may access or correct your Personal Information, our complaints process and the types of entities or individuals we may provide your Personal Information to.
   2. Contact

If you have any privacy queries, please contact us at admin@urbanmarkets.com.au or by post to:

Company Secretary

Design Noir Pty Ltd

2 Taylor Drive

Darley, Victoria, 3340

1. 1. 1. You agree to abide by all decisions, directions and rules issued by us (or our employees, volunteers, contractors, partners or agents) from time to time in relation to the Event (collectively, Directions). Our Directions are final, and no correspondence or communication can be entered into in relation to our Directions.
      2. Any safety precautions undertaken by our employees, volunteers, contractors, partners or agents are for your benefit and that of other attendees.
      3. We do not guarantee your safety. Any safety measures taken or adopted by Urban Markets for the Event do not detract from your responsibility to take care for your own safety and medical conditions and for the safety and medical conditions of others.

1. 1. 1. At all times during the Event, you must ensure that you do not behave in a rude, offensive or aggressive manner or engage in any conduct which damages or diminishes the reputation of Urban Markets or the Event.
      2. The Event is a smoke and drug free event.
      3. You must ensure that your attendance at the Event is not impaired by drugs.

1. 1. 1. The Event is licensed and Alcohol will be served at the Event. You must not bring alcohol to the Event.
      2. You must be aged 18 years or over to be served and/or consume alcohol at the Event.
      3. On request, you must provide a valid proof of identification document (such as an Australian driver’s licence, an Australian learner’s permit or an Australian or foreign passport) to verify that you are 18 years or over in order to be served alcohol at the Event.
      4. You must comply with all liquor licensing laws. It is a condition of the liquor licence that if you are under 18 years you must be in the company and supervision of an adult.
      5. If you wish to smoke (cigarettes, e-cigarettes, vapes or similar), you must do so in any designated smoking areas marked out and displayed at the Event, if available. If you are found to be smoking outside of any designated area you may be evicted from the Event.

1. 1. Prohibited Items
      1. The following items are prohibited from being brought to, or used at, the Event:
         1. your own/outside alcohol (including flasks);
         2. any bags, backpacks, baskets or similar that are A3 size or bigger, being approximately 40cm x 30cm (medical bags/items will be permitted, subject to inspection);
         3. illicit drugs or substances;
         4. glass containers or similar of any kind;
         5. drones;
         6. open drink containers;
         7. animals (except those needed for guidance and medical/safety assistance);
         8. flammable items;
         9. explosives;
         10. firearms;
         11. camping chairs;
         12. BBQs or gas bottles;
         13. large items of furniture eg couches or arm chairs;
         14. tents;
         15. umbrellas;
         16. large banners/signs or material;
         17. musical instruments;
         18. tools;
         19. sporting items eg baseball/cricket bats and balls;
         20. open flames;
         21. lasers, tasers or similar;
         22. skateboards, bikes, e-scooters, rollerblades or similar;
         23. professional recording devices;
         24. weapons; and
         25. any other illegal, dangerous, offensive, unsafe or distasteful items that could be dangerous or cause public nuisance.
   2. Prohibited activities
      1. At the Event, you must not:
         1. busk or conduct any performance of any kind in or surrounding the Event without prior written consent from Urban Markets;
         2. distribute pamphlets, flyers or any other similar materials;
         3. trade or sell items without prior written approval of Urban Markets;
         4. conduct any ambush marketing; and/or
         5. interfere with, damage or vandalise the Event area, grounds, gardens, infrastructure, installations, facilities or similar.

If you breach any of the Terms, to the extent permitted by law, we reserve the right to:

1. 1. 1. refuse your admission to the Event;
      2. cancel your ticket to the Event (without refund);
      3. evict you from the Event; and/or
      4. take any other action we deem reasonable in the circumstances.

If, for any reason, the Event is interfered with in any way or is not capable of being conducted as planned due to a Force Majeure Event, we may, without liability, to the fullest extent permitted by law, cancel, terminate, modify, reschedule, relocate or suspend the Event, as appropriate.

1. 1. 1. Nothing in these Terms excludes, restricts or modifies any rights or remedies under Schedule 2 of the Competition and Consumer Act 2010 (Cth) that cannot be excluded, restricted or modified.
      2. Subject to clause 14(a) and to maximum extent permitted by law, we:
         1. are not liable for, and you release us from, any personal injury or loss, damage, claim, demand, proceeding, liability or expense (including for loss of opportunity, business, goodwill or profits), whether direct, indirect, special or consequential, arising in any way out of the Event, including any personal injury (physical or mental), property damage, death or permanent injury to you or anyone else;
         2. make no express or implied warranties, representations or guarantees, in fact or in law, regarding the Event or the merchantability, quality or fitness for purpose of or the accuracy of information provided about the Event;
         3. are not responsible or liable (directly or indirect) for the content or accuracy of, and do not endorse any action or representation of, any third party during the Event; and
         4. are not responsible for any problem or technical malfunction of any telephone network or lines, computer systems, servers, providers or equipment, software, traffic congestion on the internet or any website, or any combination of those, including any injury or damage to entrants or any other person’s computer related to or resulting from participating in or downloading any materials regarding or during the Event.
      3. You indemnify us against all liabilities, demands, proceedings, losses, damages, expenses or costs (including direct, indirect or consequential losses, damages, costs and expenses) arising out of, or in connect with, your attendance at the Event. 
      4. The release and indemnity contained in this clause 14 continue forever and bind your heirs, executors, personal representatives and assigns.

1. 1. 1. Any failure to enforce any of our rights does not constitute a waiver of those rights.
      2. Any part of these Terms that is illegal, void or unenforceable may be severed, and the remainder will continue in force.
      3. This Event and any issues relating to the construction, validity, interpretation and enforceability of these Terms will be governed by the laws of Victoria, Australia.
      4. If you have any queries about these Terms, you may contact us at admin@urbanmarkets.com.au.

4327185456582. Privacy Principle has the meaning in the Privacy Act 1988 (Cth). 
2200062. means the Autumn Blues event, scheduled to be held at Bacchus Marsh Racecourse and Recreation Reserve, Bacchus Marsh Balliang Road, Maddingley, Victoria, 3340 from 11am to 10pm AEDT on 12 March 2023.

2542493. Majeure Event means an event or circumstance beyond our reasonable control, including natural disaster, acts of war, riots, vandalism, failure or shortage of power supplies or other essential utility, pandemic, epidemic, quarantine, serious viral outbreak or other widespread or serious threat to human health (including an outbreak or recurrence), government imposed shutdown or closure, strike, a change in applicable law, infection by computer virus, bugs, tampering, unauthorised intervention, fraud or technical failures.

1. Property Rights means all patents, rights to inventions, copyright, trade marks, trade names and domain names, rights in goodwill, rights in confidential information and any other intellectual property rights, whether registered or unregistered and including all applications for, and renewals or extensions of, such rights and all similar rights which subsist now or in future anywhere in the world.
121923279568. Information has the meaning in the Privacy Act 1988 (Cth).
6844451827. means https://www.urbanmarkets.com.au/.