Queenscliff Music Festival Inc Festival Terms and Conditions
The terms and conditions set out below constitute a binding contract between Queenscliff Music Festival Inc ABN 16 774 741 067 (QMF Inc) and the individual holding or using a ticket (Ticket Holder) in relation to the event known as the Queenscliff Music Festival (Event). All terms and conditions set out below are to be read together with the TryBooking Terms and Conditions as made available on the Ticket Purchase web site (TryBooking Terms).
- This ticket is sold by QMF Inc, a not-for-profit community based organisation responsible for the Event. The following conditions are for the sale of tickets, entry and attendance at the Event.
- Any reference to QMF Inc includes its employees, contractors, volunteers and authorised persons.
- For the purpose of these terms and conditions ‘Event Area’ means the areas and venues specified by QMF Inc as comprising the area where the Event is conducted. QMF Inc will display the Event Area at the entry to the main Event entry area, and Ticket Holders will be given an Event Area map upon receiving their Event wristband; and
- It is a condition of entry that all ticket holders are fully vaccinated against COVID-19 to attend the event. You will be required to show proof of vaccination, or an Australian goverment approved valid exemption in order to obtain your wristband for event entry. If you fail to show evidence you will be unable to attend the event and will not be able to recieve a refund.
- Tickets are sold subject to QMF Inc. conditions of sale and to the terms and conditions of entry of each of the Event’s venues.
- All ticket sales are final. Once purchased, tickets are the sole responsibility of the Ticket Holder. Tickets are not transferable under any circumstance. It is a condition of sale that tickets may not be offered for re-sale and they are only valid if purchased from an authorised QMF Inc outlet or QMF Inc’s websites (bythepier.com. / www.qmf.net.au).
- Tickets are non-refundable and non-exchangeable, as required by law and/or as specified by the Live Performance Australia Ticketing Code of Practice (www.liveperformance.com.au). No refunds will be made if you choose not to attend due to inclement weather.
- The Ticket Holder must supply their CORRECT FULL NAME at the time of purchase.
- The BARCODED TICKET is required for entry to the Event. The Ticket Holder must print the barcoded ticket and display, or carry the barcoded ticket in their smartphone, and bring to the Event. The barcode is required for scanning at entry. The Ticket Holder will not be allowed entry to the Event without a barcoded ticket.
- Ticket Holders aged 18 years or over must show ID to prove their age if required or on demand. Children under the age of 18 will not be allowed to enter the Event with an adult ticket.
- ACCOMPANIED YOUTH TICKETS: For duty of care , and in keeping with the family-based nature of the Event, Accompanied Youth tickets can only be purchased in conjunction with an adult ticket or by an adult who has already purchased a ticket for the Event. There is a limit of 3 Accompanied Youths for each Adult ticket. QMF Inc reserves the right to refuse sale of Accompanied Youth tickets in a bid to thwart any exploitation of the accompanying responsible adult policy. An Accompanied Youth is aged between 12 and 17 inclusive and must be wristbanded with the responsible adult who purchased the ticket. The Accompanied Youth will be wristbanded for the same sessions as the responsible adult who accompanies them. Pictured proof of age for Accompanied youth ticket may be required, such as a driver learner permit or school ID. QMF Inc also reserves the right to refuse entry to those who present as an Accompanied Youth for wristbanding at the Event who fail to satisfy QMF Inc personnel that they are accompanied by the responsible adult who purchased the ticket. [A “responsible adult” is a person who is a parent or is acting in place of a parent or legal guardian and who could reasonably be expected to exercise responsible supervision of the Accompanied Youth].
- If QMF Inc determines that the price of tickets set out on its website is in error, Ticket Holders who have purchased tickets will be contacted. If the error has resulted in the Ticket Holder being overcharged, the amount overcharged will be refunded. If the error has resulted in the Ticket Holder being undercharged, QMF Inc reserves the right to charge the Ticket Holder the balance of the correct ticket price. If a Ticket Holder disagrees, tickets can be cancelled and a full refund provided net of the non-refundable booking fee.
- Tickets sold for the performances at the Event are standing room only unless otherwise stated.
- Tickets may be purchased Australia-wide and internationally, however no refunds will be given if the Ticket Holder cannot attend the Event for whatever reason.
- Tickets may only be purchased with a credit card issued in the Ticket Holder’s name. Fees and surcharges include GST.
- Tickets are sold on the express condition that Ticket Holders are bound by the rules and regulations issued by QMF Inc, TryBooking, the laws of the Commonwealth of Australia and the State of Victoria and the rules and regulations enacted thereunder.
Artists and venue
- QMF Inc reserves the right to add, withdraw or substitute artists, vary any advertised program, change venue and vary audience capacity. No claim for compensation shall be made in the event that the program is varied due to the non-appearance of an advertised artist.
- All bags/containers may be subject to a full search upon entry and within the Event. NO ALCOHOL, GLASS OR OPEN DRINK CONTAINERS may be brought into the Event Area. QMF Inc reserves the right to confiscate any alcohol, glass or open drink containers found on a person within the Event Area that is not in a licensed area. Sealed, plastic, non-alcoholic drink containers and empty reusable drink containers can be brought into the Event.
- A valid ticket will be exchanged for a wristband to be fitted at the designated area near the entrance to the Event that must be worn at all times. Wristbands must remain intact to gain entrance to the Event. Damage to a wristband (even if accidental) will render it invalid and access to the Event denied. QMF Inc reserves the right to deny admission to the Event to any person holding a ticket that appears to be tampered with, counterfeited or duplicated. Anyone found within the Event Area without a valid wristband or accreditation will be deemed to have trespassed, will be evicted from the Event Area and may be handed over to the Police.
- Admission to individual Event stages and venues within the Event Area is subject to capacity, and QMF Inc reserves the right to refuse entry to stages and venues if they reach capacity.
- Ticket Holders agree to comply with all Event security arrangements, as well as those of an Event venue, including personal searches (if deemed necessary by QMF Inc). All GLASS, ALCOHOL, ILLEGAL DRUGS, WEAPONS, or DANGEROUS ITEMS are prohibited, and QMF Inc reserves the right to confiscate such items. No claim may be made against QMF Inc or the venue provider for items confiscated. Persons found in possession of illegal drugs, weapons or dangerous items will be removed from the Event and QMF Inc reserves the right to confiscate the individual’s Event wristband.
- QMF Inc or an Event venue provider may refuse admission to any Ticket Holder for any reasonable cause and may request any Ticket Holder leave the venue for any purpose deemed reasonable by QMF Inc.
- Entry to the Event is at the Ticket Holder’s own risk and QMF Inc and Event venue providers reserve the right to refuse entry to Ticket Holders. QMF Inc and Event venue providers shall not be held liable for any loss, injury, or damages sustained entering or on the site of the Event to the extent allowed by the law.
Audio and Visual
- Ticket Holders consent to their inclusion in official photographic, film and other visual and audio recordings of the Event, including as an audience member, and grant QMF Inc the right to use such photos and recordings for promotion, marketing and other purposes in all media without restriction.
- The use of video cameras, professional photographic equipment (including SLR with interchangeable lens), other visual, sound recording or transmission equipment is absolutely prohibited. Any person not in possession of an official QMF Inc Event Media Pass endorsed for film and/or photography found using a video camera or any device to record performances at the Event will be removed from the Event, will have their Event wristband confiscated, and QMF Inc reserves its right to take any legal action against the Ticket Holder.
- To the fullest extent permitted by law, QMF Inc does not accept any liability of any nature for the acts, omissions or default of those providing services in connection with the Event, or any liability for any injury, damage, loss, delay or additional expenses which are incurred at or in association with the Event. Where legislation implies any condition or warranty which cannot be excluded or modified, that condition or warranty will be deemed to be included in these terms and conditions. However, QMF Inc’s liability for any breach of such condition or warranty will be limited, at QMF Inc’s option, to the resupply of the services or the cost of having the services supplied again. In no event will QMF Inc be liable for any indirect, consequential, exemplary or special damages.
- In the event of Ticket Holder injury or illness, QMF Inc may at its discretion, and at the cost of the Ticket Holder, arrange medical treatment and/or emergency evacuation as deemed necessary for the safety of the Ticket Holder and/or other Ticket Holders at the Event.
- Entry to the Event is at the Ticket Holders own risk. The Ticket Holder acknowledges that neither QMF Inc nor an Event venue will be responsible for any loss or damage to property (including personal property such as bags, money or other personal items) brought to or purchased at the Event by a Ticket Holder.
- QMF Inc takes no responsibility for any hearing damage or loss at the Event.
- The Ticket Holder will be liable for any loss or damage caused at the Event by the Ticket Holder, or where the Ticket Holder is less than 18 years of age, by their responsible adult Ticket Holder.
Smoking, alcohol, illegal drugs and glass
- The entire event site is a SMOKE FREE site, other than designated Smoking areas.
- THE EVENT AREA IS LICENSED. Ticket Holders wishing to consume alcohol must be 18 years and over (photographic ID will be required as proof of age) and may only consume alcohol purchased within the Event Area. QMF Inc reserves the right to evict patrons who disobey or break Responsible Service of Alcohol legislation and the law. In accordance with legislation, children under the age of 18 must be accompanied by a responsible adult when entering the licensed Event Area. Alcohol may only be consumed within the licensed Event Area. QMF Inc reserved the right to deem certain areas within the Event Area as ‘dry’ areas, and no alcohol will be permitted in these designated areas.
- QMF Inc reserves the right to remove anyone from the Event and confiscate their Event wristband if they are found supplying or buying alcohol for a person under 18 years of age. QMF Inc also reserves the right to refer the matter to police.
- Trading signs or other signs are not permitted without prior consent of QMF Inc. No Ticket Holder shall be entitled to do any trading without the written consent of QMF Inc.
- Ambush marketing will not be permitted at the Event. Setting up a promotional presence within or near the Event Area is not allowed without prior written consent of QMF Inc.
- Tickets to the Event cannot be used as part of any marketing, media or sales promotion, whether commercial or non-commercial without prior written consent of QMF Inc.
- In the case of an emergency evacuation or situation, Ticket Holders must follow all directions from QMF Inc.
- No animals will be permitted into the Event Area, with the exception of guide dogs.
- Fires and fireworks are not permitted within the Event Area.
- Activities such as moshing, crowd surfing and stage-diving are not permitted within the Event. QMF Inc reserves the right to remove any Ticket Holders engaging in these or other dangerous activities from the Event, and may confiscate their Event wristband.
Environment and community
- QMF Inc urges all Ticket Holder to be respectful of the Event Area, and place any litter in the recycle or other bins provided around the Event.
- QMF Inc urges all Ticket Holders to please respect the Queenscliff township ,and to not create excessive noise or litter while traveling to and from the Event.
- Any breach of any of these terms and conditions will entitle QMF Inc to evict the Ticket Holder from the Event and confiscate any ticket or wristband, without refund.
- No promise is made by QMF Inc that the QMF Inc website is error free or that files downloaded from the site are free of viruses or contamination.
- Footwear must be worn at all times within the Event Area.
- Any clause within these terms and conditions which is or becomes unenforceable shall not invalidate the other provisions of these terms and conditions.
- The laws of the state of Victoria apply to these Event terms and conditions, and QMF Inc and the Ticket Holder submit to the jurisdiction of the courts of Victoria with respect to any proceedings arising out of or relating to the Event.
Under the LPA Code of Practice, QMF is not required to offer a refund, exchange, or credit if:
A ticket holder is well and does not wish to attend an Event due to fears of exposure to Coronavirus (COVID-19); or
A ticket holder is unwell and does not attend an Event (other than due to Coronavirus (COVID-19) illness or symptoms which can be proven by display of a positive or negative COVID-19 test result); or
A ticket holder is from a group at a higher risk of Coronavirus (COVID-19); or
A ticket holder is denied entry into the Event for reasons which were disclosed to the ticket holder in the ticket terms and conditions at the time of sale. For example, these reasons may include (but not be limited to) non-compliance with mandatory mask wearing or unwillingness to provide personal contact information when requested; or
The ticket holder attends the performance and subsequently leaves part way through due to feeling unwell.
In the event of a mandated requirement to self-isolate and/or mandated border closures, ticket holders may request a refund, exchange, or credit if:
Proof of mandatory isolation is provided or reasonable evidence proving restriction to travel due to Government order is provided
Requests are made within 14 days from the date displayed on your entry ticket
QMF may reserve the right to refuse remedy if:
There is no current Government order restricting entry into VIC and/or without having to mandatory quarantine, at the time of the festival
It cannot be proven by Government order that you were restricted to travel into VIC or at the time of the festival.
Requests are not made within 14 days from the date displayed on your entry ticket
If your reason for not attending the Event is due to COVID-19 illness or symptoms and/or in the event of a mandated requirement to self-isolate and/or mandated border closures and can be supported with the evidence of COVID-19 positive or negative test result and/or sufficient evidence proving your inability to travel due to Government order at the time of the festival, you may submit a request for a refund. Refund requests may only be submitted within 14 days from the date displayed on your entry ticket.