You permit us to photograph and/or video you at the Fantasy Festival and use the photographs for marketing and information purposes.
By purchasing your ticket you understand and agree to these Terms for the Fantast Festival, you are agreeing to be bound by these Terms for the Festival; if you do not agree, you cannot purchase a ticket. These Terms include an agreement that you understand that your and your child’s participation in the Festival is voluntary, and you assume all risk. You are releasing Fantasy Festival from all liability, in relation to COVID-19, and any activities that your child participates in. You further understand that you are giving up substantial rights, including the right of both your children and you as parent or guardian to sue for damages in the event of death, injury or loss.
TERMS AND CONDITIONS FOR FANTASY FESTIVAL
These Terms and Conditions for Fantasy Festival apply to all participants or all potential participants of Fantasy Festival (“the Festival”). Fantasy Festival is organised by CQ Events Pty Ltd [ ACN 643 986 878] (“we, us, our”). CQ Events Pty Ltd can be contacted on mob. 0429 617 084 (“Event Organiser”).
PRICES AND DESCRIPTIONS ON OUR WEBSITE
All our prices are in Australian dollars and include GST. We may change prices for the Festival without notice to you. We may discount or offer free tickets to the Festival from time to time. We may also change the stallholders and available activities at the Festival at any time. We are not liable to you for any changes to the prices, stallholders or activities.
TICKET PAYMENT TERMS
Entry tickets to the Festival are available to purchase online. There may be limited entry tickets for sale at the Festival.
ACTIVITIES EXTRA COST
All activities are available to purchase for an additional cost once inside the venue. Some Stallholders may have EFTPOS facilities to enable cashless delivery for any of their products and services.
FESTIVAL OPENING
Fantasy Festival is open from 9.00am through until 4pm.
Once you arrive at the venue, please proceed to the entry to show either your printed ticket or ticket on your phone.
CONDUCT RULES, and HEALTH AND SAFETY
You must conduct yourself appropriately at our Festival. If you engage in any of the following, we may, at our sole discretion prohibit your entry or remove you from our Festival;
• any conduct that does not respect social distancing rules;
• any conduct that disrespects our reasonable directions
• any inappropriate or offensive conduct including but not limited to, any insults or profanity, conduct that is religiously, racially, or sexually offensive, or threatening or abusive;
• any illegal conduct, or any immoral conduct including but not limited to, anything pornographic or obscene;
• any overly inebriated conduct or intoxication where you are being disruptive.
We have endeavoured to maintain the safety of the Festival by designing the venue with safety as a prime concern. We encourage stallholders to provide general supervision and instruction of activities. Nonetheless, we require your full cooperation to ensure the health and safety of all of us.
As such, you also have the obligation to:
• obtain a medical clearance for any contagious diseases including but not limited to Whooping Cough, Influenza A and B and COVID-19 before the Festival where you (or anyone in your household) have tested positive ;
• inform the Event Organiser immediately if you or your child are sick and suffer any cold and flu like symptoms during the Festival;
• cooperate and comply with all recommendations and our directions such as use of hand sanitiser at the venue;
• obey all safety rules and directions of our staff and stallholders;
• ensure your children have a sufficient level of skill and physical fitness for safe participation in any activities;
• ensure your children have no health problems that would make participation unwise;
• stop any activity if you believe its unsafe for your child;
• alert the staff to any dangerous behaviour of co-participants;
• respect the venue and equipment and not willingly cause damage to any piece of equipment or area of the venue.
If you consider that someone is breaching the Conduct Rules, please notify the Event Organiser immediately so that we can address the issue immediately.
EMERGENCIES
In case of emergency please contact 000 and then contact the Event Organiser as soon as practical. A first aid kit will be situated at the information stall which will be signed. In case of an emergency, you authorise us to:
• administer emergency first aid and/or CPR when deemed necessary;
• secure emergency medical care or transportation where we decide it is necessary; and
• seek any medical attention, treatment, surgery or administration of drugs by qualified and licensed medical personnel.
You further agree to assume all costs of emergency medical care and transportation.
CONSUMER GUARANTEES AND REFUNDS
You are entitled to various consumer guarantees, rights, and remedies under the Australian Consumer Law including, but not limited to, rights to refunds where there is a major change with the Festival such as where it is cancelled. Except as required by law, we do not offer any additional guarantees or refunds.
Where you provide us at least 7 days prior notice to the event we may, but are not obliged to refund your ticket. Where you indicate to us that you or a member of your household has tested positive to a contagious disease as above, we will refund your ticket. To the extent permitted by law, all other refunds are at our absolute discretion. We do not provide refunds for your change of mind, where you failed to provide us with adequate information, or where you can no longer attend for any reason.
FESTIVAL CHANGES UP TO 7AM
Despite our reasonable endeavours, on occasion we may need to change venues, times or dates for the Festival at short notice. This is because there maybe inclement weather, government restrictions, or other events beyond our control. Decisions surrounding changes in venue, times and dates are made at our absolute discretion. Where we need to change venues, times or dates, we will notify you as soon as possible. Where we change times or dates, your ticket will be transferred to the next available Festival times or date, it will not be refunded. Where we need to change venue, we will notify you of the new venue as soon as possible, and your ticket will not be refunded.
FESTIVAL CANCELLATION DURING THE EVENT – 9AM to 4PM
On occasion we may need to cancel the Festival during the event, for example if the weather becomes unsafe or due to events beyond our reasonable control, including government restrictions or the direction to evacuate the venue due to Emergency Services or other Government Department. We cannot provide refunds for any cancellations once the Festival has started. This is because costs will have already been incurred by us, and it will be reasonably necessary to retain the full amount of your ticket price. Except as required by law, we are not liable for any cancellations.
FESTIVAL ACTIVITIES AND PRODUCTS PURCHASED
We are the facilitator of the festival only. Where you purchase products or services from a stallholder at the festival, you are entering into a contract with that stallholder and we are not to be involved. You must resolve all disputes directly with the stallholder. We are not liable for any Loss or damage as a result of any products and services purchased from a stallholder.
LIABILITY AND INDEMNITY
Whilst there are many benefits to the Festival, like all involves some risk of injury that are inherent to various activities at the Festival “inherent risks”. The inherent risks could include falls, collisions with other participants or with stationary objects. There are also currently risks associated with contagious diseases including but not limited to Whooping Cough, Influenza A and B, COVID -19. You acknowledge and agree that some diseases are extremely contagious and is believed to spread from person to person contact. The Festival may involve close personal contact and we cannot guarantee your safety. The risk of exposure and infection may result in personal injury, illness, permanent disability and death to anyone with whom you have physical contact.
To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your attendance at the Festival including, but not limited to any diseases, changes to the venue, dates and times, and any interruptions, any changes, termination of the event.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
• the supply of equivalent services eg a ticket at an alternative festival; or
• the payment of the cost of your ticket.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to, the Conduct Rules. By way of example, where you damage any property of the venue or a stallholder, the cost of the damage must be paid by you.
IF THERE IS A DISPUTE
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these terms and other terms and conditions on our website, these Terms and Conditions for Fantasy Festival prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Agreement means these Terms and Conditions for Fantasy Festival, and the Terms of Use and all other terms and conditions on our website.
Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Loss and Damage means any direct and indirect loss and damage, including, but not limited to any personal injury, illness, permanent disability, death, loss of enjoyment, psychological damage, loss of work, loss of reputation, loss of salary, property damage.
We, us, or our means CQ Events Pty Ltd[ ACN 643986878 ] and includes any of our employees, agents, partners and contractors.
TryBooking is an online system for organisations and community groups that has been designed to look after the entire event ticketing and registration needs.
All issues relating to the sale of tickets and the hosting of their associated event(s) are the responsibility of the “Event Organiser” and not that of TryBooking Pty Ltd (Australian Business Number 71126987915).
Please visit https://www.trybooking.com/info/customer-terms-and-conditions for our terms and conditions.