Savannah Pool Party Terms & Conditions
The Savannah Pool Party (the ‘Festival’) is wholly owned by Banner Holdings Pty Ltd ABN 27 636 541 654 and managed by Sound Australia (Qld) Pty Ltd ABN 53 163 125 013 (the ‘Promoter’) in partnership with Novotel Cairns Oasis Resort ABN 36 473 288 743 (the ‘Venue’) and any authorised agents, employees, contractors and volunteers. All persons attending the Festival (‘Attendees’), including, but not limited to those involved in providing services, guests, ticket holders, volunteers, trade/exhibitors and their staff/contractors, agree to be bound by these terms, applicable legislation and laws, regulations and codes of practice, as well as any rules, requirements and directions of the Promoter and/or Venue.
Tickets to the Festival are only available through the official Savannah Pool Party website and sites or vendors approved by the Promoter. Any sites or vendors approved will be listed on the Savannah Pool Party website. Tickets are not to be resold or offered for resale or used for any promotional purposes without prior written consent from the Promoter. Tickets in breach of this condition will be deemed unauthorised and entry may be refused. Tickets purchased through unapproved sites or ticket sellers will not be honoured.
In Phase 1 of the ticketing release (commencing Tuesday, 16 March 2021), Festival tickets and accommodation are purchased as a package and cannot be accessed separately.
Attendees at the Festival grant permission for a search of personal belongings prior to entry and at the venue. Refusal to be searched will constitute a breach of these terms and entry will not be permitted. Possession of prohibited items at any time may incur confiscation of the goods, refusal of entry or a request to leave the Festival.
Prohibited items may include animals, alcohol, illicit drugs, weapons and flammables. The Promoter and/or Venue may also deem certain items to be restricted in certain areas. Smoking is not permitted in any part of the Festival or Venue unless in designated smoking areas. Illegal activity or possession of illegal goods may result in notification to authorities. Unauthorised and unapproved marketing material that is not part of an exhibition or approved by the Promoter and/or Venue may be confiscated. The Promoter and/or Venuenmay also deem other objects to be prohibited at its discretion and this list is non-exhaustive.
It is a requirement that Attendees refrain from inappropriate behaviour including, but not limited to bullying, harassment, disruptiveness, being intoxicated or substance affected, or any other behaviour deemed as inappropriate by the Promoter and/or Venue, including but not limited to antisocial behaviour, aggressiveness, and nuisance. Such behaviour may result in the Attendee being ejected from the Festival by the Promoter or from the accommodation by the Venue. Attendees found to be in attendance without correct ticketing authorisation or formal identification may also be ejected. Once ejected, Attendees may only re-enter the Festival at the discretion of the Promoter and/or Venue.
Photography & Filming
During the Festival the Promoter and Venue and/or their agents/ contractors, appointees, delegates and official media outlets may photograph or record Attendees on film or other media. By attending, you agree and consent to the capture of these images/recordings, and authorise them to be used, altered, broadcast or otherwise used by the Promoter and/or Venue (or those granted permission by the Promoter), without payment, royalty or further approval, in perpetuity.
Attendees are not permitted to bring professional video or digital cameras to the Festival without the Promoter’s accreditation. Attendees may not capture, record and broadcast photos, audio recordings and video recordings during the Festival in a way that infringes the Intellectual Property rights of others. Attendees agree that any capture, record and broadcast photos, audio recordings and video recordings during the Festival will be only done in good faith and for non-commercial purposes and that the material will not be likely to bring the reputation of any person or entity into disrepute or ridicule. The Promoter is not responsible for the broadcasting discretion of any Attendees and the use of any photographs or recordings by Attendees. Attendees agree to fully indemnify the Promoter from any action, claim or proceedings arising from the use by any party of images or recordings.
Attendees agree to abide by all public health directives issued by the Promoter and/or Venue, including directives issued after ticket/accommodation purchase and/or during the Festival. Such directives may include (but are not limited to) staged arrival times, use of designated walkways and/or zoned facilities, changes to seating layouts or allocations, the mandatory completion of pre-Festival health questionnaires, a requirement for Attendees to be seated while consuming food and/or drink, mandatory wearing of masks or face coverings, etc. Any and all such directives will be based upon the latest advice from Queensland’s Chief Medical Officer and any relevant legislation impacting mass gatherings at the time of the Festival.
All guests must supply their full legal name and correct contact information at the time of booking for the purposes of potential contact tracing by the Queensland Government.
Ticket Holders who feel unwell in the lead-up to the Festival, or who have been exposed to a confirmed or suspected COVID-19 case, or who have visited a recognised COVID-19 hotspot in the two weeks prior to the Festival are not to attend. Such Ticket Holders will be entitled to a full refund upon the supply of a medical certificate to firstname.lastname@example.org.
In the event that the Promoter, in its reasonable opinion, believes the Festival may pose a substantial risk to public health, or the Queensland Government recommends to the Promoter that the Festival be postponed or cancelled due to COVID-19 or other similar public health concerns, the Promoter may postpone or cancel the Festival. If postponed, any tickets sold will remain valid for the postponed event, with Ticket Holders entitled to a full refund (upon making such request to email@example.com) if the new dates are unsuitable. If the Festival is cancelled without postponement, Ticket Holders will automatically receive a full refund within 30 days of such announcement.
The Promoter reserves the right to alter the lineup at any time in circumstances where one or more performers are unable to participate in the Festival due to public health reasons (including COVID-19 exposure and/or inability to meet quarantine requirements).
General Risk & Indemnity
The activities and events programmed for the Festival are to be taken on an ‘as is’ basis. The Promoter and Venue make no warranty or representation as to the absence of fault, nor any guarantee of delivering certain Festival activities, nor the fitness of services delivered in conjunction with the Festival, nor the accurateness of the information depicted in material published by the Promoter or any companies or persons associated with the Festival.
Festival Attendees agree they bear any risk associated with the Festival and agree to take personal responsibility for any activities associated with the Festival, including travel to and from the Festival and their safety at the Festival. To the extent permitted by law, the Attendee agrees that the Promoter and Venue have no liability arising from any claims, damages, loss, liability, legal fees or demand resulting from attendance or failure to attend in accordance with, or in breach of, these terms; or from any claims, damages, loss, liability, legal fees or demand from any other party as a result of the Festival or failure to attend the Festival in accordance with, or in breach of, these terms.
Attendees agree to indemnify the Promoter and Venue and hold them harmless from and against all liabilities, costs, expenses, or claims, wherever and however arising, known or unknown (including, without limitation claims for damages, loss, liability, legal fees or breach of any statute), as a result of the breach of any clause contained in or in any way related to these Terms and Conditions, or the Festival, by the Attendee or any third party.
The Festival program, events schedule and database are subject to change and may be altered without notice by the Promoter. The Promoter will not be responsible for any losses associated with changes, or any losses associated with any unforeseen circumstances that alter the Festival, or parts of the Festival, or cause the Event to be postponed or rescheduled unless otherwise required by legislation.
Notwithstanding anything else contained in this Agreement, no party shall be liable for any delay in performing any of its obligations hereunder if such delay is caused by a Force Majeure Event, subject to the party so delaying promptly notifying the other party in writing of the reasons for the delay and the likely duration of the delay.
If the whole or any part of a provision of this Agreement is void, unenforceable or illegal in a jurisdiction, it is severed for that jurisdiction. The remainder of this Agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this Agreement or is contrary to public policy.
Any formal notice of dispute directed to the Promoter in relation to these terms may be emailed to firstname.lastname@example.org. Please allow seven (7) days for acknowledgement of receipt.
This Agreement shall be governed by the laws of Queensland and the parties agree to submit to the jurisdiction of the courts of that State.