Event Terms and Conditions

INTRODUCTION 

Underland (‘the Event’) is run by the Common Arts Victoria (CAV) committee and  its appointed delegates and volunteers on behalf of its members at 310 Supple  Road, Paradise (‘the Site’). Purchasing a ticket to the Event represents your  agreement to the terms and conditions described below.  

TICKETS AND REFUNDS 

1. To gain entry to and attend the Event every person is required to hold a valid  ticket. 
2. Common Arts Victoria Inc. is not liable for the replacement of any lost, stolen  or damaged tickets. 
3. Refunds are not automatic unless required by law even if the Event is  terminated early or cancelled due to harsh weather conditions, acts of  nature, a change to the advertised venue of the event, strikes, protests,  failure to obtain relevant permits, governmental regulation or other  conditions beyond Common Arts Victoria Inc.’s control. In limited  circumstances Common Arts Victoria Inc. may decide to refund tickets, but  this will at Common Arts Victoria Inc.’s absolute discretion. 
4. Change in personal circumstances of the Ticket Holder does not entitle the  Ticket Holder to the return or exchange of the ticket. 
5. Ticket Holders will be asked to show a current and valid photo identification  along with their ticket upon entry to the Event. There will be no exceptions  made to this policy, with the name on the identification needing to exactly  match the name on the ticket. Ticket Holders that do not show correct photo  identification will not be granted entry to the Event, and no refunds will be  provided. 
6. On arrival at the Event, Ticket Holders will be given a wristband which must  be worn for the duration of the Event. A person at the Event without a  wristband will be presumed not to hold a valid ticket and may be asked to  leave.
7. Ticket Holders are responsible for safeguarding their wristband. If the  wristband is damaged it may be exchanged for a replacement wristband at a  designated ticketing station at no additional cost. 
8. Tickets may not be sold or transferred for consideration above Common Arts  Victoria Inc.’s original face value selling price (including booking fee)  whether in isolation or in conjunction with any other product or service. If a  ticket is resold then ownership must be transferred to the purchaser using  the approved ticket transfer process. Once the transfer is complete the original ticket will not be valid for entry to the Event. Where Common Arts  Victoria Inc. has a reasonable belief that a ticket is being, or has been,  effectively sold or transferred above face value, Common Arts Victoria Inc.  may, at its sole discretion, cancel the ticket rendering the ticket invalid  without any liability for a refund or other compensation to any of the Ticket  Holders. 
9. Tickets may not be used for promotional purposes without Common Arts  Victoria Inc ’s written prior consent. 
10. Tickets are revocable licenses that may be revoked by Common Arts Victoria  Inc. for any reason including, without limitation, resale for above face value,  purchasing more than stated limits, assisting others with unauthorised or  un-ticketed entry to Common Arts Victoria Inc., breach of these Terms and  Conditions, or conduct deemed by Common Arts Victoria Inc. to be unacceptable or likely to cause harm to any other individual. Such revocation  of the licence is not cause for the Ticket Holder to have any entitlement to a  refund or other compensation from Common Arts Victoria Inc. 
11. Common Arts Victoria Inc. reserves the right to add, withdraw or substitute  any elements of the Event’s program, to change the venue for the Event (i.e.  the Site), or vary the advertised Event’s ticket prices or patron capacity at its  sole discretion.

UNACCEPTABLE CONDUCT 

1. Common Arts Victoria Inc. reserves the right to refuse entry to any person  and/or may require them to leave the Event if their conduct is deemed to be  in breach of the Terms and Conditions. Any person refused entry or asked to leave the Event or Site must leave the Site immediately and no refund will be  provided. 
2. By purchasing a ticket to the Event you agree to abide by the Common Arts  Victoria Inc. sound policy. Breaching the sound policy amounts to a breach  of these Terms and Conditions. A copy of the sound policy is available on the  Common Arts Victoria Inc. website and Facebook page.  
3. Common Arts Victoria Inc. at its sole discretion may from time to time  determine with immediate effect certain items to be prohibited at the Event  or on the Site (‘Prohibited Items’). These will be listed in the Survival Guide.  Any person found in possession or control of any Prohibited Item will be  required to leave the Event or Site and no refund will be provided. 
4. Any Ticket Holder who wishes to bring an assistance animal will need to first  obtain Common Arts Victoria Inc.’s written consent which may be withheld  at Common Arts Victoria Inc.’s sole discretion. 
5. All persons entering or exiting the Site give full consent to being searched by  Common Arts Victoria Inc. representatives including their clothing and their  belongings and any vehicle they are in control of (including but not limited to  cars, trucks, trailers, and campervans) and hereby waive any right to related  claims that may arise. Any person may withhold their consent to such a  search but such withholding of consent may deny their entry into the Event  or Site without refund or any other compensation. 
6. The laws of both Victoria and Australia apply at all times, and Victoria Police  have access to the Site at their own discretion. The Police may be called by  Common Arts Victoria Inc. or its representatives if it is deemed necessary to  deal with any Ticket Holder whose conduct is dangerous or unacceptable.  Any Ticket Holder whose conduct is illegal will be considered to have  breached these Terms & Conditions.  
7. Any Ticket Holder required to leave the Event or Site gives consent for that  removal process to be videographed. 
8. Common Arts Victoria Inc. or its representatives reserve the right, including  but not limited to keeping written and/or videographed records, to refuse,  remove, and/or exclude any person from participation in events (a) if their  behaviour is inappropriate, offensive, or abusive, or otherwise considered in breach of the Common Arts Victoria Inc. Code of Conduct (b) to prevent  damage to any property, or (c) on medical or health and safety grounds  (including to prevent possible physical, mental or emotional harm or injury to  themselves or any other person). Refusal to comply with a reasonable  request to leave the Event may result in the use of reasonable force by  security to remove the persons from the Event.  
9. All Ticket Holders agree to the use of email and/or Facebook contact for  communication purposes in instances where they have potentially breached  the Terms and Conditions. 
10. The determination that there has been a breach of the Terms and Conditions  is at the sole discretion and consideration of Common Arts Victoria Inc. and  its representatives. 

ACCESS TO AREAS 

1. Only those Ticket Holders with official Early Entry status that has been pre authorised and documented by Common Arts Victoria Inc. will be allowed to  enter the Site prior to the official start of the Event. Early entry may be  granted to members of certain registered Theme Camps, Art Installations,  and certain Volunteers in key roles. Please register as soon as possible to  apply for Early Entry if required. 
2. Ticket Holders must adhere to the Event’s arrival and departure times (see  Survival Guide). 
3. Tickets only provide access to the designated Site indicated by signage and  marked boundaries. Ticket Holders found on private property outside of  these marked boundaries are considered trespassing and will be evicted and  refused entry to the Event. 
4. Any person under the age of 18 (“Minors”) must be accompanied to the  Event by a ticket-holding parent or legal guardian. Minors under the age of  16 must be supervised by a ticket holding parent or legal guardian at all  times. 
5. Ticket Holders must follow the official directives of Common Arts Victoria  Inc. organisers and representatives at all times while on Site or at the Event.
6. Ticket Holders must not enter any perimeters established around any of the  burns at Common Arts Victoria Inc. Persons who cross the perimeter may be  subject to civil and/or criminal prosecution and may be forcefully removed  for my own or others’ safety. 

ACCEPTANCE OF RISK AND WAIVER OF LIABILITY 

1. Purchase of a Ticket and/or entry to the Event indicates acceptance of the  following warnings and waivers of liability: 
   
   
   1.  I acknowledge that the property I will enter is a place where recreational  activities are provided and the Event and the Site and the land it is  staged on, may contain all kinds of obstacles, risks and dangers, both  known and unknown, natural and man-made, which may result in loss or  damage to my property or in serious injury to myself or my death. 
   2. I knowingly and voluntarily assume all risk of property loss, personal  injury, serious injury or death, which may occur by entering the site and  attending the event and hereby forever release, discharge and hold  harmless Common Arts Victoria Inc. its officers, volunteers, agents and  assignees from any claim arising from such risk, even if arising from the  negligence of Common Arts Victoria Inc., its officers, volunteers, agents  and assignees, or by third parties, and I assume full responsibility and  liability for my participation.
   3. I further acknowledge that activities, art installations, theme camps,  vehicles (including but not limited to mutant vehicles and art cars) and  performances will be held or be on display and I understand that most of  these activities are not owned or operated by Common Arts Victoria Inc.  By purchasing a ticket, I assume full responsibility and all risks, including  loss or damage of property or serious injury or death, which may occur  from my participation in the Event and the activities. To the extent  permitted by law, Common Arts Victoria Inc. its officers, volunteers,  agents and assignees are excluded from all liability of whatever nature  and however arising (including through negligence).
   4. I understand that some Ticket Holders at the Event may engage in  expressive activity and dress, which may include partial nudity or full  nudity and other types of expressive activity. I confirm that although there is potential on viewing such expressive activity and dress that I  consider to be indecent or offensive to myself, I have decided to attend  the Event with full knowledge that such expressive activity and dress  may occur. If I am accompanied by a Minor at the Event, I acknowledge  that I have made a choice that the Minor may be exposed to the  expressive activities and dress that take place at the Event, and that I  have exercised parental responsibility and control in bringing the Minor  to the Event. Should I consider that any activity at the Event is indecent  or offensive to myself, or to any Minor accompanying me, then I  acknowledge that it is my sole responsibility to avoid such activity by,  among other things, leaving the vicinity of the activity or leaving the  Event. To the extent permitted by law, Common Arts Victoria Inc., its  officers, volunteers, agents and assignees and all Ticket Holders at the  Event are excluded from all liability of whatever nature and however  arising (including through negligence) as a result of such expressive  activity or dress occurring at the Event.
   5. I understand and acknowledge that people are using film, video, and  photographic cameras at the Event, and that my image may be captured  on film, video, or photographs that may subsequently be displayed or  disseminated without my consent or payment of compensation to me,  and I release Common Arts Victoria Inc. from any liability due to such  capturing, display, or dissemination. Common Arts Victoria Inc. will use  its best endeavours to contact and obtain consent from people in  photographs before posting the photographs publicly (i.e. on its website  or social media pages). However, it may not always be possible to do so.  Where Common Arts Victoria Inc. has exhausted all reasonable means of  contacting someone in a photograph to obtain their consent, that  consent will be implied. 

DECLARATION ON BEHALF OF MINORS 

1. I understand that a Minor may attend the Event only if accompanied by a  ticket-holding parent or legal guardian, and if I bring a Minor to the Event, I  agree that the contractual terms contained in these Terms and Conditions  will apply to the Minor and I confirm that I am the Minor’s parent or legal  guardian.

CONSENT TO MEDICAL ASSISTANCE 

1. Should I incur any injury, accident or illness during my attendance at the  Event I agree to receive such medical aid or preventative treatment which  may be deemed advisable in the unfettered direction of any medical  assistance personnel engaged by Common Arts Victoria Inc. . 
2. I agree to the release of my personal information to medical assistance  personnel and Common Arts Victoria Inc. in the event that any medical  treatment is required during my attendance at the Event. 

GENERAL 

1. I certify that I am physically and mentally able to participate in the Event and in any associated activity or performance, and that I have not been advised  otherwise by a qualified medical professional. 
2. I certify that as a mandatory requirement for all Ticket Holders, I have read and understood the Survival Guide, and furthermore that I will remain  familiar with and adhere to the contents and requirements of the Survival  Guide. 
3. I understand that I must bring enough food, water, shelter and first aid to survive the entire length of the Event.  
4. I understand that commercial vending is prohibited at the Event. Doing so without express permission from Common Arts Victoria Inc. will be  considered a breach of these Terms & Conditions and may result in eviction  from the event.  

CHANGES TO TERMS & CONDITIONS 

1. I understand and agree that Common Arts Victoria Inc. may add to or vary  these Terms and Conditions at any time 
2. Any additions or variations will apply to all tickets for any event not yet held,  including any tickets already sold prior to the announcement of the changes  to the Terms and Conditions. 
3. Changes to Terms and Conditions come into effect immediately after the  changes are advised to ticket holders and purchasers by either correspondence directed to specific individuals or via advice to a targeted  group, or as general public announcements 
4. Changes to Terms and Conditions may be advised to ticket holders and  purchasers by various means including, but not restricted to, email, or  electronic newsletter, or via any messaging service, or via website or social  media announcements, or any other method deemed by Common Arts  Victoria Inc., at their sole discretion, to be appropriate. 
5. Persons who have already purchased tickets before the changes in Terms  and Conditions were announced, and who believe they would not have  purchased the tickets if the change had been in effect at the time of  purchase, may within 14 calendar days of the date that the first  announcement of the change was released via any means, request a refund  of their ticket and Common Arts Victoria Inc. will determine, at its sole  discretion, whether a refund will be made. 
6. It is the responsibility of the Ticket Holders and purchasers to monitor their  contact email address provided when purchasing/receiving their ticket and  to also monitor Common Arts Victoria Inc.’s various communication channels  including social media pages, and electronic newsletter, for updates on the  event including Terms and Conditions. 
7. This Agreement will be governed by and construed in accordance with the  laws of Victoria, Australia and the Federal Court of Australia (where  applicable). The Parties submit to the exclusive jurisdiction of the courts of  Victoria, Australia.