Please read and be aware of our Terms and Conditions before purchasing Tickets.
In consideration of being allowed to participate in and attend the Blazing Swan event (the “Event” or the “Blazing Swan Event”), you (Ticket Holder, You, Your) agree to comply with any and all rules, regulations, terms and conditions of the Blazing Swan Event, including but not limited to the following:
TERMS AND CONDITIONS OF SALE
Tickets are sold subject to Blazing Swan Incorporated – ABN 80 937 300 352 (Blazing Swan, Us, We, Our) and any third party vendor’s terms and conditions of sale, which are available for review at the time of purchase, provided that such third party vendor’s terms and conditions are not inconsistent with the terms and conditions contained herein. The terms and conditions of sale, entry and presence at the Blazing Swan Event include the following terms and conditions (the “Terms and Conditions”) as well as all current Blazing Swan policies as published on our website including but not limited to our:
– Fire Safety Policy
– Kids Policy
– Leave No Trace Policy
– Media & Photography Policy
By purchasing a ticket, including using the ticket transfer process, or attending the Event You agree to abide by these Terms and Conditions and all current Blazing Swan policies as published on our website and recognise that all State and Commonwealth laws apply.
GENERAL TERMS & CONDITIONS
- It is a condition of entry that each Ticket Holder in attendance at the Event holds a valid ticket. Failure by You to produce Your ticket upon demand shall result in You being denied entry or being expelled from the Event.
- Both Blazing Swan Incorporated and You are required to comply with Australian and Western Australian Government mandated public health regimes, which may include Us checking or requiring proof of your health status in the context of any applicable mandated public health regime.
- If You have arrived at the Event site and We are required to deny You entry into the Event in order to comply with a Government mandated public health requirement We will offer you a full refund on a validly purchased Event ticket, but We will not accept responsibility for any incurred or consequential costs involved in Your preparation for the Event or any costs associated with your travel to or from the Event site.
- Commonwealth, State and Local laws and regulations apply on site at all times. Police and authorised agents of both State and Local Government have free access to the site at all times. It is Your responsibility to be aware of and comply with all applicable laws, rules and regulations at all times.
- You have rights and consumer guarantees under the Australian Consumer Law which cannot be supplanted by these Terms and Conditions. These Terms and Conditions do not constitute legal advice of Your rights under the Australia Consumer Law and it is appropriate for you to seek independent legal advice on Your rights.
- Tickets must not be resold at above their face value. If Blazing Swan Incorporated detects that a ticket is being sold at above its face value We reserve the right to cancel the ticket.
IF YOU HAVE BEEN SCAMMED, OR LOST A TICKET, OR BELIEVE YOUR TICKET HAS BEEN STOLEN
- If you believe you have been ‘scammed’ while attempting to purchase an Event ticket we encourage you to contact the Police and/or ScamWatch. You may also contact us. We may be constrained by privacy considerations from providing information to you, but we may be able to provide further information to police or to ScamWatch. The best defence against being scammed is to always use the approved ticket transfer agency.
- Event tickets are issued attached to emails addressed to the person purchasing the ticket. If for some reason you have lost or are unable to access that email we can arrange for a fresh ticket to be issued to that original email address, subject to it not having been sold or transferred to another person in the meantime.
- If you believe your ticket has been improperly transferred or sold to another person you need to address your concerns to the person you understand now has the ticket, and any person you believe might have been involved in transferring that ticket. Neither Blazing Swan Incorporated nor any of its agents are authorised to transfer a ticket from one person to another without the clear consent of the person the ticket is being transferred from. Blazing Swan Incorporated in those cases can give you the name of the person the ticket has been transferred to and the date and time it was transferred as this is information you should have been aware of, but no further information can be provided without a valid request from the police or a Court.
IF YOU ARE UNABLE TO ATTEND THE EVENT
- If you are unable to attend the Event due to any circumstance, including but not limited to Government mandated public health requirements, you will be expected to arrange to transfer or resell your ticket or tickets to another party via the ticket reselling site which will remain open until noon on the Wednesday before the Easter weekend specified in the WA Government calendar. Blazing Swan Incorporated may not refund your ticket in this circumstance.
IN THE CASE OF A MAJOR CHANGE OR CANCELLATION OF THE EVENT
- In the case of a Major Change to the scheduled Event that occurs subsequent to you purchasing a ticket for that Event, you may apply for a full refund of that ticket provided that you do so BEFORE the originally scheduled opening date of the Event. The definition of a Major Change to our Blazing Swan Event is limited to the following circumstances or any combination of these circumstances:
- Our decision to relocate the Event beyond 350km by road from Perth
- Our decision to reschedule the Event duration from 144 hours to less than 72 hours.
- Our decision to reschedule the Event involving a delay of 6 months or greater from the originally scheduled Event start date.
- Our decision to resize the allowable attendance of the event by half, or double the size of allowable attendance at the event
- If the Event is cancelled by us PRIOR to the Event’s scheduled starting time for any reasons except civil disturbance, riot or war, Blazing Swan Incorporated will offer to refund the face value of an Event ticket to any person validly holding that ticket at that time. Only a single refund will be issued in respect to any ticket and it is the responsibility of the ticket holder to show that they are the current valid ticket holder. Blazing Swan Incorporated will not enter into any dispute between parties disputing ownership of a ticket or entitlement to a refund in prospect or which has been paid out by us in good faith.
- If the Event is cancelled or inaccessible due to any reason at any time AFTER the commencement of the Event due to circumstances outside Blazing Swan’s control, Blazing Swan will – subject to applicable Consumer Law – offer neither a partial nor a full refund to any Event ticket holders, or accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
ENTRY AND WRISTBANDS
- Blazing Swan Inc will comply with all Western Australian laws and regulations, including Health and quarantine regulations at all times, and will require intending Event participants presenting at our Event Ticket Gate to do the same. If we are required to do so to be in compliance with Western Australian laws and regulations our Ticket Gate staff are authorised to ask questions and require answers and if necessary proof of matters of fact and/or indication of acceptance of conditions by the intending participant in relation to their entry to the Event and their right to remain upon the Event site.
- We reserve the right to check vehicles and trailers and caravans and containers being brought onto the site by Event participants, contractors and other persons, and may require those people to unlock or make accessible any of those things for inspection by our Gate staff. Any attempt to bring onto site any forbidden item or any person without a valid ticket or permission will result in all of the people in that vehicle and associated trailer, caravan or container being refused entry to the site and their tickets being cancelled and no refund being offered.
- If you are aged 18 years or more You will be required to show Us proof of identity in the form of a Government, corporate or institutional photo identification along with Your valid ticket at our Event Ticket Gate in order to gain authorised entry to the Event. The name on Your photographic identification must match the name on Your ticket.
- If You are aged 18 years or more You will, on presentation of a valid ticket and identification be given a Blazing Swan 2023 wristband which will be secured to Your wrist by our Event Ticket Gate staff. This wristband, while so secured, authorises You to enter onto and remain on the Event site for the duration of the event. If You are found within the Event site without this wristband so secured You will be expelled from the Event site in accordance with Clause 30 to 35.
- Persons 17 years of age and under (hereafter ‘the Minor’) seeking to gain admittance to the Event will be required to present at the Event Ticket Gate in the company of a parent or guardian who has been authorised to enter the Event under the terms of Clauses 16 and 17. The parent or guardian will be required to show a valid ticket for the Minor, proof of age of the Minor if requested, complete a ‘Parent/Guardian form’ at the Event Ticket Gate for each Minor in their company, and provide an identifiable photo of the Minor. Upon the satisfaction of these conditions each Minor will be allocated a distinctive ‘Under 18 Blazing Swan 2023’ wristband which will be secured to the wrist of the Minor by their parent or guardian under the supervision of Event Ticket Gate staff.
- If a Minor is subsequently found on the Event site without a wristband, Blazing Swan will trigger its ‘Lost Child Protocol’.
- If a ‘Blazing Swan 2023’ or ‘Under 18 Blazing Swan 2023’ wristband issued by the Event Ticket Gate staff is subsequently damaged or becomes unwearable during the Event You may obtain a replacement from Event Site Headquarters upon presentation of the original wristband AND proof that you held a valid ticket and identification when You entered onto the Event site.
- Blazing Swan Incorporated staff, security staff hired by Blazing Swan Incorporated and registered Theme Camp operators are empowered to request Event participants to show their valid wristbands. Blazing Swan Incorporated staff, security staff hired by Blazing Swan Incorporated and registered Theme Camp operators are further empowered to ascertain whether wearers of ‘Under 18 Blazing Swan 2023’ wristbands are under effective supervision of their parent or guardian, and if they believe this is not the case they are required to initiate the Blazing Swan ‘Lost Child Protocol’.
MINORS and PARENTS/GUARDIANS
- Persons under the age of 18 may only enter onto and remain within the Event site if they have presented at the Event Ticket Gate and satisfied all the conditions for entry in Clause 18, and continue to wear the Event Ticket Gate issued ‘Under 18 Blazing Swan 2023’ wristband.
- In all these Terms and Conditions a parent or guardian is only a person recognized as such under Western Australian law. A statement from a parent or guardian assigning a minor to another person is not an acceptable substitute, regardless of whether it is verbal, written or attested.
- Minors at the Event must be under the effective supervision of their parent or guardian at all times. A parent or guardian is responsible for ensuring that a Minor under their supervision does not put themselves in the way of harm or harm others, or act in any manner contrary to the minimum standards expected of all Event participants and the specific standards expected of Minors, specifically:
- A Minor found on site wearing a ‘Blazing Swan 2023’ wristband in the place of a ‘Under 18 Blazing Swan 2023’ wristband will be expelled from the Event in accordance with Clause 30 to 35, along with any associated parent(s) or guardian(s) and all other Minors associated with those parents or guardians. In these circumstances Blazing Swan Incorporated will NOT offer to fully or partially refund the cost of tickets held by any of those parties, nor will We accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
- A Minor found on site obtaining alcohol, or attempting to obtain alcohol, or drinking alcohol will be expelled from the Event in accordance with Clause 30 to 35,along with any associated parent(s) or guardian(s) and all other Minors associated with those parents or guardians. In these circumstances Blazing Swan Incorporated will NOT offer to fully or partially refund the cost of tickets held by any of those parties, nor will We accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
- A Minor who is found on site NOT under the effective supervision of their parent or guardian will trigger Blazing Swan’s ‘Lost Child Protocol’.
- A Minor who is the subject of a second ‘Lost Child Protocol’ incident may be expelled from the Event in accordance with Clause 30 to 35, along with any associated parent(s) or guardian(s) and all other Minors associated with those parents or guardians. In these circumstances Blazing Swan Incorporated will NOT offer to fully or partially refund the cost of tickets held by any of those parties, nor will We accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
ILLEGAL, THREATENING or NON-CONSENSUAL ACTIVITY, or DANGEROUS BEHAVIOUR
- Blazing Swan Incorporated has a zero tolerance approach to Event participants engaging in any illegal, threatening or non-consensual activity or other behaviour that presents an unacceptable risk to others, to property, to the environment or to themselves. Upon detecting any such activity or behaviour Blazing Swan Incorporated staff, security staff hired by Blazing Swan Incorporated and registered Theme Camp operators may contact local Police who have unlimited access to the Event site. Furthermore, and without prejudice to any Police inquiry or action, Blazing Swan Incorporated reserves the right to expel from the Event anyone who we reasonably believe is engaging or has engaged, or is very likely to engage in illegal, threatening or non-consensual activity, or has a health condition or otherwise behaves in a way that presents an unacceptable risk to others, to property, to the environment or to themselves at the Event. In these circumstances any refund of the cost of a validly held Event ticket will be entirely at the discretion of Blazing Swan Incorporated and in no such case will We accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
- Blazing Swan Incorporated makes all reasonable efforts to detect and prevent any illegal, threatening or non-consensual activity, or any behaviours or health conditions that might endanger participants at Our Event. Blazing Swan Incorporated relies on Event participants to take reasonable steps to secure their own health and safety, and the safety of their possessions. Blazing Swan Incorporated also relies on Event participants to be vigilant and active in caring for the health and safety of other Event participants and their property. Event participants with concerns or information are invited to contact Our Event Headquarters and may do so confidentially – noting however that We may be legally constrained against extending that confidentiality in all circumstances including against subsequent legal discovery.
- Event participants are expressly forbidden from swimming or bathing in, or entering any dam, creek, waterway or water tank in or in the vicinity of the Event site.
- Event participants are expressly forbidden to bring onto the Event site or attempt to bring onto the Event site, or have in their possession on the event site any of the following Items: illegal drugs, firearms, weapons, pyrotechnics, lasers not registered by Us, drones not registered by Us, any unregistered vehicle not approved by Us or any animal that is not pre-approved by Us, with the exception of assistance animals recognised by law or convention in Western Australia. Anyone who has, or who has attempted to bring onto our Event site any of the aforementioned items or animals may be expelled from the Event in accordance with Clauses 30 to 35 and we will not be offered a refund of their Event ticket and in no such case will We accept any responsibility for any immediate or consequential costs or damages associated with an Event participant’s travel to or from or attendance at the Event.
- Event participants must always follow the reasonable directions of Blazing Swan Incorporated staff and security staff hired by Blazing Swan Incorporated. Furthermore Blazing Swan Incorporated supports the expectation of Theme Camp staff that visitors to Theme Camps and occupants of vehicles operated by Theme Camps will follow the reasonable directions of Theme Camp staff and will comply with any reasonable conditions that Theme Camps impose upon participants entering or remaining on their Theme Camp sites, subject to those conditions being posted somewhere that is both accessible and visible within the Theme Camp site.
EXPULSION FROM THE EVENT
- Blazing Swan reserves the right to expel an Event Participant from the Event upon detection of any breach, or suspicion of a breach, or detection of an attempt to breach any of these Terms and Conditions, or for any reason discussed in these Terms and Conditions or Blazing Swan’s rules or policies as detailed in either Our website or posted at the Event Ticket Gate.
- Prior to a person or persons being expelled from the Event the on shift Event Manager will review a report detailing the reasons for the expulsion, and invite the person or persons who we propose to expel to provide a statement. The Event Manager will consider the statement and make a decision and issue a directive to either cancel the expulsion either unconditionally or subject to conditions, or proceed with the expulsion on the reasonable belief that is warranted and necessary..
- A person or persons who are expelled from the Event site are expected to provide for their own transport away from the vicinity of the Event site, noting that the nearest legal camping or accommodation locations are on the Kulin-Holt Rock Road approx 2km beyond the Lake Grace turnoff, the Kulin Shire RV Camping area, and the Kulin Hotel. Camping in the adjacent bush, lake and road reserves is illegal, as is any trespass upon the neighbouring farms.
- Blazing Swan accepts no responsibility for any expenses or damages arising out of Our reasonable decision to expel someone from the Event. In the case that subsequent evidence is presented that changes our view that the expulsion was warranted, Blazing Swan will offer a remedy that is limited to an apology or explanation in our Social Media and a refund of that proportion of the cost of any Event ticket or tickets equivalent to the time between the expulsion taking effect and the Event closure.
- In all cases where a parent or guardian or Minor is expelled, all the parties including all the Minors associated with that parent or guardian will be expelled at the same time. All Event tickets held by those people will be cancelled with immediate effect.
- A person who is expelled from our Event, including all parties to the expulsion in the case of Clause 15 or 34, may be banned for life from attending any Event subsequently run by Blazing Swan Incorporated. The details of any such person or persons may be shared with other Official Burning Man Regional Events worldwide, and with the Burning Man Event in the USA for information purposes.
VARIATIONS TO THE ADVERTISED EVENT
- Subject to Clause 11, Blazing Swan Incorporated reserves the right to add, withdraw or substitute any elements of the program or vary the Event ticket prices or enlarge Event participant capacity at any time.
ACCESS TO THE EVENT SITE
- Tickets only provide access to areas which are indicated by signage at the “Event”. Participants must not enter, or must obtain prior permission to enter, any area marked “Out of Bounds”, “No Entry”, “Private” or “Event Staff and Contractors Only”.
- Participants must observe Blazing Swan’s arrival and departure times from the site. General Admission will be no earlier than noon on the Wednesday immediately prior to the Western Australia Easter Weekend and must be vacated by noon on the Tuesday immediately following the Western Australia Easter Weekend. Check online closer to the Event date for any updates or changes to these times.
- Participants must remain within the “Event” site during the “Event”. Artworks and performances may only occur within the “Event” site. Participants shall not cause any persisting disturbance or modification to soil, land or vegetation outside the “Event” site boundaries. Leaving the “Event” site will cause participants to no longer be covered by Blazing Swan’s Public Liability Insurance.
- Vehicle and pedestrian entry and egress to the Event site must only occur through designated Event Gates.
- Participants should note that the surrounding farmland is strictly out of bounds and the owners of surrounding farmland may pursue the most vigorous possible penalties against anyone illegally entering onto or remaining upon their private property, or doing anything to threaten or harm livestock, crops, or any fixed or moveable assets on those farms.
CARERS AND ASSISTANCE ANIMALS
- Participants at the “Event” who require the assistance of an approved carer (being a person who provides personal care, support and assistance to another individual who needs it because that other individual is a person with disability, who holds a WA Companion Card or equivalent) or a registered assistance animal may be accompanied by their bona fide carer or assistance animal as required.
- Every person at the “Event” is required to hold a valid ticket and comply with all terms and conditions and policies, whether they are a volunteer, carer or otherwise. If you require the assistance of an approved carer in order to attend the “Event”, please contact firstname.lastname@example.org to make inquiries about carer tickets.
- Because pets are not permitted, if you require your assistance animal with you in order to attend Blazing Swan, we require that you pre-register your assistance animal by sending an email to email@example.com in order for us to plan with you for your arrival and notify Gate staff of your attendance with an assistance animal.
- We warn all participants that the “Event” venue may present a difficult physical environment for humans and animals alike. Inclement weather, fire, loud noises, crowds and flashing lights are all common, and if any of these would be too uncomfortable or pose a risk for either you or your service animal we ask that you carefully consider these factors as you decide whether to participate, with or without your assistance animal.
- If you bring an assistance animal to the “Event”, you are required to ensure:
- the animal does not pose a risk or threat to any other person or assistance animals at the “Event”;
- the health and safety of that animal at all times;
- the animal is in your control, or the control of a person known to you, at all times, which generally requires that the animal be on a leash or harness or in an appropriate enclosure.
ACKNOWLEDGEMENT AND ACCEPTANCE OF RISKS
- Your purchase of an Event ticket and/or entrance to the “Event” indicates acceptance of the following warnings and the limited waiver of liability at Clause 48: The property you will enter (i.e. Event venue) is a place where recreational services and activities are provided, where you are further warned and advised that the “Event” and/or the land it is staged on is an inherently dangerous place that may contain obstacles, risks and dangers, both known and unknown, natural and man-made which may result in loss or damage to your property, personal injury or even death. Knowing this to be the case you voluntarily assume the risk of serious injury or death if you choose to come onto the property and do so at your own risk.
- You knowingly and voluntarily assume all risk of property loss, personal injury, serious injury or death, which may occur by attending and participating in the “event” and hereby forever release, discharge and hold harmless Blazing Swan Incorporated, its committee, officers, volunteers, agents and assignees from any claim arising from any such risk that Blazing Swan Incorporated could not have reasonably foreseen and reasonably mitigated.
- You understand that during the “Event”, art installations, theme camps, vehicles (including but not limited to ‘mutant vehicles’ and ‘art cars’), events and performances will be held and/or on display and you understand that most of these activities are not owned or operated by Blazing Swan Incorporated, and you assume all risks of injury or death arising from their operation and from participation in any of these activities.
- You understand that some participants at the “Event” may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. You agree that such expressive activity and dress is not indecent nor offensive to you, and that you have decided to attend the “Event” with full knowledge that such expressive activity and dress may occur. If you are accompanied by minors at the “Event”, you acknowledge that you have made a choice that the minors may be exposed to the expressive activities and dress that take place at the “Event”, and that you have exercised parental responsibility and control in bringing the minors to the “Event”. Should you find that any activity at the “Event” is offensive to you, or to any minors accompanying you, then you acknowledge that you can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the “Event”.
- You understand and acknowledge that people are using film, video, and photographic cameras at the “Event”, and that your image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without your consent or payment of compensation to you, and you release Blazing Swan Incorporated from any liability due to such capturing, display, or dissemination.
MY OBLIGATION TO INFORM MYSELF ABOUT THE EVENT AND THE EVENT CULTURE
- Reading the Participant Survival Guide is mandatory for all first time attendees, and we strongly recommend previous participants familiarise themselves with the current Survival Guide prior to attending the Event. The Participant Survival Guide includes information that may be crucial to ensuring your safety and the safety of others at the Event.
- In purchasing a ticket to and participating in Our Event you should be aware that all aspects of our Event and Our community are shaped by Our 11 Principles and Five Core Values. At the Event You are expected to be aware of these Principles and Core Values and model yourself and your expectations of others upon them.
BLAZING SWAN INCORPORATED STATEMENT OF VALUES
- Blazing Swan Incorporated is an equal opportunity employer and is committed to the safety of our workers, contractors and our event participants. We believe in the inherent dignity, worth, unique attributes and human rights of all individuals. We respect people of all ethnicities, ages, abilities, appearances and gender identities and orientations – and all beliefs that share this respectful outlook
- We require our employees, contractors and event participants to show this respect to everyone in this community at all times, in person and online. We expect all members of our community to support and defend people who are being discriminated against or persecuted for reasons of their ethnicity, age, abilities, appearance, gender identity or orientation, or for their respectful beliefs.
BINDING AGREEMENT AND CHANGES TO THESE TERMS & CONDITIONS
- You understand that Your use of a ticket or other entry credential for entry to the “Event” signifies Your binding agreement to the Terms and Conditions in effect at the time of Your entry to the Event site.
- These Terms & Conditions may be varied at any time by Blazing Swan and it is your responsibility to ensure that you are aware of any such changes by checking Our website. We will make reasonable endeavours to contact anyone who might already hold a ticket and who might be affected by a change to our Terms & Conditions, and We will post the most up to date version of these Terms & Conditions at our Event Gate.
- If you become aware of a change to Our Terms & Conditions that was subsequent to you purchasing your Event Ticket We will offer a full refund of Your ticket if the change to the Terms & Conditions is unacceptable to you and you make the application for the refund prior to noon on the Wednesday prior to the 2023 Easter Weekend in the Western Australian calendar. In that case We will not accept any claims against Us for costs or losses associated with your preparation for the Event or for any costs or losses associated with your travel to and from the Event site.
- Wherever We offer a refund for an Event ticket the ticket is immediately voided and may not be transferred or sold by anyone other than Blazing Swan Incorporated.