XFest Ticket Terms & Conditions
By purchasing, holding or using a ticket to XFest, you agree to the following Terms & Conditions.
1. Promoter
XFest is promoted by Xtreme Clutch. All references to “the Promoter”, “we”, “our” or “us” refer to Xtreme Clutch and its authorised representatives, event staff, contractors and venue partners.
2. Ticket Validity
Each ticket is valid only for the event, date and ticket type stated on the ticket. Tickets must be presented upon entry and may be scanned or checked by event staff.
The Promoter reserves the right to refuse entry if a ticket is damaged, duplicated, altered, copied, transferred fraudulently or otherwise deemed invalid.
3. Non-Refundable Tickets
All ticket purchases are non-refundable, including but not limited to change of mind, inability to attend, weather conditions, personal circumstances, travel issues or late arrival.
Refunds will only be considered where required by applicable Australian Consumer Law.
4. Event Changes
The Promoter reserves the right to alter event details where required, including but not limited to schedules, entertainment, vehicle displays, vendors, activities, layouts, entry times and session times.
Reasonable changes to the event program do not entitle ticket holders to a refund.
5. Entry Conditions
Entry is subject to compliance with all event rules, venue requirements, safety directions and instructions from authorised event staff.
The Promoter reserves the right to refuse entry or remove any person from the event without refund if they:
behave in an unsafe, aggressive, offensive or disorderly manner;
fail to follow instructions from event staff or venue officials;
breach venue rules or event conditions;
are suspected of being under the influence of alcohol or drugs;
interfere with vehicles, displays, staff, vendors or other attendees.
7. Children & Minors
Children and minors must be supervised by a responsible parent or guardian at all times. The Promoter accepts no responsibility for unsupervised minors.
8. Photography & Media
By attending XFest, you consent to being photographed, filmed or recorded by the Promoter, media partners or authorised event representatives.
The Promoter may use event photography, video and audio for promotional, marketing, social media, advertising and commercial purposes without further approval or compensation.
9. Weather & Force Majeure
XFest may proceed in varying weather conditions unless deemed unsafe by the Promoter, venue, officials or relevant authorities.
The Promoter is not liable for cancellation, delay or changes caused by circumstances outside its reasonable control, including but not limited to severe weather, emergency events, government restrictions, venue issues, safety concerns or acts of God.
10. Personal Property
Attendees are responsible for their own personal belongings. The Promoter accepts no responsibility for lost, stolen or damaged property.
11. Prohibited Items
The Promoter and venue may prohibit items considered unsafe, illegal or inappropriate, including but not limited to weapons, fireworks, drones, alcohol, illegal substances or any item that may interfere with the event or other attendees.
12. No Unauthorised Trading or Promotion
No person may sell, promote, distribute or display products, services, flyers, signage or promotional material at XFest without prior written approval from the Promoter.
13. exclusion of liability, release & assumption of risk deed (“deed”)
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT IS VERY IMPORTANT THAT YOU READ IT, TOGETHER WITH THE ANNEXURE ‘APPENDIX A’, CAREFULLY AND THAT YOU ARE SATISFIED THAT YOU UNDERSTAND ALL OF IT BEFORE YOU SIGN. WE ENCOURAGE YOU TO OBTAIN INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING.
In consideration of Mallala Motorsport Park Pty Ltd ABN 64 618 849 433 (“MMSP”) allowing me to attend and/or participate in the Activity, I, on my own behalf and in my capacity as parent/guardian of a minor, if applicable, enter into this Deed in favour of, and for the benefit of, the Indemnitees jointly and severally and understand, acknowledge and agree:
13.1 motor sport can be dangerous
I acknowledge that participation in motor sport or any other activity at Mallala Motorsport Park, whether as a driver, passenger, participant or spectator, under the conditions created for the Activity, can be dangerous. I accept the venue of the Activity as it stands with all or any defects hidden or exposed.
13.2 injury, death, loss of property
My participation in the Activity carries with it the potential for Personal Injury, which pursuant to the definition below includes death, to me and/or others, and also for loss or damage to my property and the property of others. Accidents causing harm can and do occur and may happen to me.
13.3 own choice
I am attending the Activity out of my own choice and for my personal enjoyment. I acknowledge that I have an obligation to myself and to others to act safely and within relevant rules and regulations.
13.4 follow directions
During my participation in the Activity and at all times while I am at the venue at which the Activity is conducted, I will follow the directions of any employee, contractor or agent of MMSP. I acknowledge that, subject to clause 13.6 below, such directions are given free of any warranty to me and that even if I do follow directions, accidents may happen.
13.5 no duty of care
During my preparation for, and participation in, the Activity and at all times while I am at the venue, I acknowledge that to the maximum extent permitted by law the Indemnitees do not owe me a duty of care under contract, applicable legislation, equity or at common law.
For the avoidance of doubt, I acknowledge that any directions given, including any given in accordance with clause 13.4 above, do not operate to give effect to such a duty of care and, in the case of any proceedings, cannot be used as evidence of such duty.
13.6 Australian Consumer Law & recreational services
I acknowledge that in accordance with the Australian Consumer Law, there are certain guarantees that a supplier of services in trade or commerce must comply with when providing services, known as “Statutory Guarantees”.
Section 42 of the Fair Trading Act 1987 (SA) allows the supplier of recreational services to exclude certain Statutory Guarantees and specifically any liability for any Personal Injury suffered by me or another person for whom or on whose behalf I am acquiring their recreational services.
I acknowledge that to the extent that MMSP and/or the Land Owner, as defined in clause 13.7 below, supply recreational services, as defined in Appendix A, as part of any Activity, the terms and conditions of the Recreational Services Fair Trading Act Waiver set out in Appendix A will apply to exclude their liability for any Personal Injury suffered by me or another person for whom or on whose behalf I am acquiring their recreational services as part of any Activity.
I acknowledge that this clause and Appendix A have been brought to my attention. Nothing in this Deed is intended to exclude the operation of the Statutory Guarantees which cannot be excluded at law.
13.7 release and indemnity
To the maximum extent permitted by law and subject to clause 13.6 above, I release, forever hold harmless and indemnify MMSP, Mallala Land Pty Ltd ABN 49 618 852 163 (“Land Owner”) and each of the related entities and associated entities, as those terms are defined in the Corporations Act 2001 (Cth), of MMSP and the Land Owner (“Associated Companies”) and the directors, officers, employees, agents, contractors, partners, shareholders, representatives and members of MMSP, the Land Owner and the Associated Companies and any sponsors, promoters, or organisers of the Activity (“Associated Entities”) from and against all and any claims, actions, suits, costs, legal fees, damages, judgements, orders and liabilities of whatever kind or nature, arising out of or in connection with my preparation for and participation in the Activity, whether occurring before, during or after my actual participation in the Activity.
This release and indemnity covers all claims that I or anyone acting on my behalf is able to exclude, release liability or indemnify at law, and without limiting this, I agree that this Deed will be binding on my heirs, next of kin, executors and administrators, except my liability to indemnify will be reduced to the extent MMSP’s reckless conduct or direct negligent act or omission caused or contributed to the loss.
13.8 no existing medical conditions
As at today, I am not aware of any existing condition or conditions, including without limitation any physical and/or mental illness or disease, heart condition, back injury and/or pregnancy, that may be affected by my preparation for and participation in the Activity.
I acknowledge that it is my responsibility to inform the Indemnitees of such conditions and that the Indemnitees will continue to rely upon this declaration as evidence of my fitness and ability to participate. Participation in the Activity even after my disclosure of such conditions is at my own risk.
13.9 damages to property
MMSP may require me to cease participation in the Activity if MMSP considers that my participation in the Activity is likely to cause damage to Mallala Motorsport Park. I further acknowledge that no refund of any fees paid for my participation in the Activity will be given in these circumstances.
If any act or omission by me, including without limitation my participation in the Activity, results in any damage to Mallala Motorsport Park, without limiting clause 13.7 above, I agree to pay all costs to repair such damage.
If MMSP or the Land Owner pays for any repair works to Mallala Motorsport Park caused by my act or omission, I agree to reimburse it promptly upon notification of the amount of such repair works.
13.10 assumption of risk
I voluntarily and fully accept and assume all of the known and unknown risks associated with the Activity, including but not limited to those set out above, and I understand, agree and acknowledge that the exclusion of liability, release and assumption of risk in this Deed expressly applies to these risks and all and any consequences of these risks.
13.11 severability
A term of this Deed will not apply where the term contravenes the law of the relevant jurisdiction under which any legal action is legitimately taken, however such terms are severable and do not invalidate the remaining terms.
13.12 binding deed
I intend this Deed to be binding in accordance with its terms, notwithstanding any procedural irregularities including if my signature is not witnessed overleaf, and delivered on the date set out overleaf.
13.13 definitions
In this Deed:
“Activity” means my participation in any activity or event held or situated at Mallala Motorsport Park, including, without limitation, high speed motorsport activity, hire karting and other recreational services or otherwise my attendance and presence at Mallala Motorsport Park for any purpose, including as a result of an ongoing contract with Mallala Motorsport Park which allows attendance and participation in any activity or event at Mallala Motorsport Park, including without limitation high speed motorsport activity and other recreational services, and any benefits in connection with a membership of The Bend Motorsport Park or Mallala Motorsport Park.
“Indemnitees” means MMSP, the Land Owner, the Associated Companies and the Associated Entities.
“Personal Injury” means bodily injury and includes mental and nervous shock and death.
“Mallala Motorsport Park” means the venue known as Mallala Motorsport Park located at Aerodrome Road, Mallala SA 5502.
Appendix A
Recreational Services Fair Trading Waiver – Individual Participant
Fair Trading Regulations 2010 — Form 1 — Recreational services — Exclusion, restriction or modification of rights under the Australian Consumer Law (SA)
Your rights
Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies you with services, including recreational services, there is:
a statutory guarantee that those services will be rendered with due care and skill; and
a statutory guarantee that those services, and any product resulting from those services, will be reasonably fit for the purpose for which the services are being acquired, as long as that purpose is made known to the supplier; and
a statutory guarantee that those services, and any product resulting from those services, will be of such a nature, and quality, state or condition, that they might reasonably be expected to achieve the result that the consumer wishes to achieve, as long as that wish is made known to the supplier or a person with whom negotiations have been conducted in relation to the acquisition of the services.
Excluding, restricting or modifying your rights
Under section 42 of the Fair Trading Act 1987, the supplier of recreational services is entitled to ask you to agree to exclude, restrict or modify his or her liability for any personal injury suffered by you or another person for whom or on whose behalf you are acquiring the services, being a third party consumer.
If you sign this form, you will be agreeing to exclude, restrict or modify the supplier’s liability with the result that compensation may not be payable if you or the third party consumer suffer personal injury.
Important
You do not have to agree to exclude, restrict or modify your rights by signing this form.
The supplier may refuse to provide you with the services if you do not agree to exclude, restrict or modify your rights by signing this form.
Even if you sign this form, you may still have further legal rights against the supplier.
A child under the age of 18 cannot legally agree to exclude, restrict or modify his or her rights.
A parent or guardian of a child who acquires recreational services for the child cannot legally agree to exclude, restrict or modify the child’s rights.
Agreement to exclude, restrict or modify your rights
I agree that the liability of Mallala Motorsport Park Pty Ltd and Mallala Land Pty Ltd for any personal injury that may result from the supply of the recreational services that may be suffered by me, or a person for whom or on whose behalf I am acquiring the services, is:
(a) excluded
(b) restricted as set out below:
(c) modified as set out below: [specify the nature of the modification]
Strike out whichever of (a), (b) or (c) do not apply and specify the nature of the restriction or modification, as is relevant.
Signature: Refer to the execution below.
Signature of witness: Refer to the execution below.
Date: Refer to the execution below.
Name & address of witness: Refer to the execution below.
Definitions
Recreational services are services that consist of participation in:
a sporting activity or similar leisure-time pursuit; or
any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
Personal injury is bodily injury and includes mental and nervous shock and death.
Further information: Further information about your rights can be found at www.ocba.sa.gov.au
14. Acceptance of Terms
Purchase, possession or use of a ticket confirms acceptance of these Terms & Conditions, including the Exclusion of Liability, Release & Assumption of Risk Deed and Appendix A.
Failure to comply with these Terms & Conditions may result in refusal of entry or removal from the event without refund.
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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.