T&C

SOUNDSPLASH FESTIVAL – EVENT TERMS AND CONDITIONS

SOUNDSPLASH RAGLAN 2024, 19-21 JANUARY SOUNDSPLASH FESTIVAL – EVENT TERMS AND CONDITIONS The following Event Terms and Conditions (the “Terms and Conditions”) apply to entry to all activities as part of the Soundsplash Festival 2024 (the “Event”) being undertaken by Soundsplash Ltd (the “Organiser”).  It is acknowledged and agreed that the Event is a ticketed event and the Terms and Conditions include the Ticket Purchase Terms and Conditions set out at the Organiser’s agents, Flicket. By purchasing a ticket to the Event and attending the Event, you warrant and represent that you assent with these Terms and Conditions. Please read these Terms and Conditions carefully.  Violation of these conditions of entry may result in denial of entry to or immediate ejection from the Event and may additionally result in your conduct being referred to the New Zealand police if deemed appropriate.  If you are denied entry to or are ejected from the Event by violating these Terms and Conditions, no refund of the ticket price or any other charges paid for the Event will be provided.  Conditions of Entry 1.1. Patrons must provide valid photo ID to enter the Event. Accepted forms of ID include Passport, New Zealand Driver’s License, 18+ Card. All ID must be valid and include a photograph. Photocopies or expired forms of ID will not be accepted. 1.2. Patrons must have an individual valid Event wristband or other authorisation or accreditation to enter the Event. Any patron found not to be wearing an official Event wristband will be ejected from the Event. Any person gaining unauthorised access to the Event may be liable to prosecution by the Organiser. Patrons are not permitted to wear gang colours, patches or insignias. Any patron wearing gang colours, patches or insignias will be refused entry to the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided. 1.3. All child patrons, being those patrons fifteen years and under must be accompanied by a parent, or a guardian over the age of twenty five years and such parent or guardian must have a valid ticket to the Event. Any patrons 15 years and under not accompanied by a parent or guardian over the age of twenty five years will be refused entry to the Event. Any guardian that is not over the age of twenty five years who does not enter the Event due to the accompaniment of a child patron under the age of fifteen years, will not be entitled to any refund of the ticket price or any other charges paid for the Event. Guardians must remain onsite for the duration of the festival. There is a maximum limit of four child patrons under the age of 15 years to accompany one adult patron over the age of 25 years.

1.4. The Organiser reserves the right to refuse entry, or revoke the privilege of remaining within the grounds, to any person for whatever lawful reason in the Organiser’s sole discretion

1.5. The Event is conducted on a reserve with a natural amphitheatre, which can present challenges for wheelchairs. The Organiser will make all reasonable efforts to provide accessibility and assistance to patrons in wheelchairs. However, patrons are advised to consider their own ability to attend and move freely around the Event sites.

 1.6. The Event utilises strobe and flashing lighting. If you think this will cause issues for you and your enjoyment of the Event, the Organiser would advise against you attending the Event. The Organiser will not provide any refund of the ticket price or any other charges paid for the Event in the event that any patron’s enjoyment of the Event is disrupted by the lighting used or in the event that any patron suffers a reaction to the lighting used.

 1.7. You may not bring alcohol, glass bottles, illegal drugs, or any other dangerous items into the Event including onto the Wainui Reserve and camping areas. Event patrons, their vehicles and belongings will be searched upon entry to the Event, and any alcohol or banned items found will be confiscated and not returned without compensation to the patron. The Organisers reserve the right to refuse entry to Patrons that fail to comply. Prohibited Items include:

• Weapons of any kind.
• Fireworks or explosives.
• Hazardous materials or chemicals.
• Illegal substances.
• Oversized objects.
• Glass containers.
• Unmanned aerial vehicles (drones).
• Professional recording equipment.

 1.8. The Event is fully licensed to permitted patrons. Alcohol sales are subject to Responsible Service of Alcohol and Harm Minimisation Practices. Organiser is prohibited by law from serving liquor to intoxicated persons or to anyone under the age of eighteen. Anyone who is deemed in Organiser’s sole discretion to be intoxicated will be refused entry to or may be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.

 1.9. Entry to the Event is at your own risk. Without limiting the generality of the foregoing, appropriate footwear and clothing must be worn at all times at the Event. To the extent permitted by law, the Organiser takes no responsibility for any hearing damage or loss caused by excessive noise at the Event.

1.10. To the full extent permitted by law, and except as expressly provided by law, the Organiser, its agents, employees, and volunteers are not liable for any loss, damage, injury, or death that may occur in relation to your attendance at the Event, including as a result of any negligent act or omission. The Organiser, its agents, employees, and volunteers comply with all obligations under the Health and Safety at Work Act 2015.

1.11. In the case of any emergency at the Event, you must follow all directives of the Organiser or other authorised personnel.

 1.12. Where entry is denied to a person for any reason including but not limited to failure to comply with the above Conditions of Entry, that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be.

1.13. This Agreement is governed by the laws of New Zealand and each party submits to the jurisdiction of the courts of New Zealand.

1.14. Your privacy is important to us. We collect and use personal information in accordance with the Privacy Act 2020. Your personal information is collected for the purposes of managing and operating the Event, ensuring compliance with these Terms and Conditions, and ensuring the safety and security of all Event attendees. Your personal information will not be disclosed to third parties without your consent unless required or permitted by law.

Prohibited Behaviour

2.1. For the safety and comfort of patrons, staff, artists, and the Event venue, any dangerous, unruly, offensive, disturbing or inebriated behaviour is strictly prohibited. Harassment of any kind, unwanted attention of any kind, as well as racist, homophobic, transphobic, ageist, ableist slurs and violence, or abuse of any kind is also strictly prohibited.

2.2. Consumption of alcohol is strictly prohibited outside of the licensed areas of the Event.

2.3. Alcohol may not be consumed in the public areas in the vicinity of the Event and fines may apply.

2.4. Patrons must not damage or remove any vegetation or property surrounding the Event venue or sites.

2.5. Patrons must not enter any Event areas designated as private. Unauthorised access to restricted areas is also prohibited and any patron who does so will be trespassing and may be subject to prosecution.

2.6. Activities such as “stage diving”, “moshing”, “climbing” and “crowd surfing” are strictly prohibited and will be enforced by security. Any patrons damaging other patrons’ property or property of the Organiser or related to the Event will be ejected from the Event and will not be entitled to any refund, or compensation of any kind.

2.7. Patrons causing a disturbance or refusing to comply with requests from Event security or staff will be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.

2.8. Patrons must keep noise to a minimum and be respectful to the Event site neighbours and surrounds. Patrons shall not be entitled to hold any parties or loud gatherings on the Event site and the use of sound systems is prohibited after 1am each night. In the event that any patron is found to be in breach of these restrictions may be ejected from the Event and in such case, no refund of the ticket price or any other charges paid for the Event will be provided.

2.9. Any patron found to be misrepresenting themselves as a member of Event staff or security, or other personnel including the use of high-visibility clothing or making statements inferring the same will be ejected from the Event and will not be entitled to any refund, or compensation of any kind.

2.10. Any person found engaging in any of the above prohibited behaviour will be ejected from the Event and that person will not be entitled to any refund, ticket exchange, or compensation of any kind, as the case may be.

 

Event Management  

3.1. The Event line up, playing days and set times are subject to change by the Organiser without notice.

3.2. The Organiser reserves the right to vary advertised programs, workshops and to add, withdraw or substitute artists where necessary in Organiser’s sole discretion.

3.3. The Organiser reserves the right to alter the entry times into the Event site and camping grounds without notice.

 3.4. The Organiser shall not be held liable for any costs incurred by any patron due to any changes in the Event programme or early closing of the Event for any reason. 

 3.5. Parts of the Event will take place outdoors and as such may from time to time be subject to adverse weather. Patrons are advised to bring suitable clothing and equipment to protect from weather conditions including but not limited to: rain; hail; wind; sunshine.

3.6. Events which are scheduled to take place outdoors will only be cancelled in the event that the weather is such that it poses a safety threat to patrons and staff. The decision to cancel the Event or any part thereof is made in the Organiser’s sole discretion and may be made at any time up to the Event or during the Event.

3.7 In the event of a lost wristband, a fee of $50 will apply to get a replacement wristband. Please do not lose your wristband.

3.8. The Organiser reserves the right to amend the event programme, including date(s), prices, venue, capacity and/or camping arrangement without notice.

3.9. In the event of a dispute arising out of or in connection with these Terms and Conditions, including any question regarding its existence, validity, or termination, the parties shall first seek settlement of that dispute by negotiation. If the dispute cannot be resolved by negotiation within 30 days, either party may submit the dispute to mediation in accordance with the Mediation Rules of the Arbitration Association of New Zealand. The language of mediation shall be English. The governing law of the contract shall be the substantive law of New Zealand. Recording, Photography and Filming  

4.1. The use of audio recording and photographic or filming equipment during events for commercial gain is prohibited save in cases where The Organiser’s prior written permission has been obtained. Strictly no aerial drones are allowed at the Event and any such use shall be against council regulations and any patron caught with a drone will have the drone confiscated and additionally may be subject to a fine by the local council authorities.

4.2. The Organiser reserves the right to refuse entry or eject from any event any person in possession of any equipment capable of taking audio recordings, photographs, making films, sound recordings or broadcasts for professional or commercial purposes.  The Organiser also reserves the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised or prohibited recording, filming or photography.

4.3. The terms in 4.2. shall not apply to any equipment designed for personal private use, such as a mobile telephone or a camera, where such use is not for commercial gain.

4.4. By entry into the event, all persons allow consent as part of the audience to be filmed, photographed and recorded: 

for television, radio, webcast and other public broadcast in any medium for any video or DVD by onsite CCTV cameras for security purposes and they further consent to their actual or simulated likeness being included within any such film, photograph, audio or audio-visual recording.  

4.5. Copyright in any such recording as is referred to above shall reside with The Organiser and all persons entering the event hereby agree that such recordings may be used by The Organiser in any and all media for any purpose at any time throughout the world, including use in commercial distribution or use for commercial purposes, such as merchandising or DVDs, without payment or compensation.