Please make updates/ changes to the Terms and conditions for Blazing Swan Tickets on this document and then request the Comms Team to copy and paste these into the website –
- Blazing Swan website here – https://blazingswan.com.au/terms-conditions/
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 937300352 (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:
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 federal laws apply.
Tickets and Refunds
- It is a condition of entry that each Ticket Holder in attendance at the Event hold a valid ticket. Failure by You to produce Your ticket upon demand shall result in You being denied entry or being evicted from the Event.
- You are required to follow any state government health mandates to attend events over 1000 patrons, which may include being fully Vaccinated against COVID19. If required to comply with WA Health mandates, Blazing Swan will check your vaccination status at the gate, as per below: https://www.wa.gov.au/organisation/covid-communications/covid-19-coronavirus-proof-of-covid-19-vaccinations
- You understand that Blazing Swan is required to deny you entry to the event if you do not follow the state government health mandates at the time of the event, and that Blazing Swan will be unable to issue a refund in an instance you are denied entry due to not following state government health mandates.
- Subject to any requirements of the Australian Consumer Law with which We will abide, We will not provide a refund for Your ticket should the Event proceed and You do not attend the Event.
- You agree and acknowledge that in respect of obtaining a refund:
- We are a not for profit organisation, do not maintain significant cash reserves and use proceeds of tickets sales to pay for goods and services for the Event in advance of the Event;
- You have rights and consumer guarantees under the Australian Consumer Law which cannot be supplanted by these Terms and Conditions including guarantees that we provide the Event with due skill and care and that the Event is timely and fit for any specified purpose(s); and
- 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.
- You acknowledge and agree that the following occurrences do not constitute a major change to the Event and that in those circumstances a refund of Your ticket price is not appropriate where:
- any particular group that You expected at the Event does not appear at the Event;
- there is a change to the advertised venue of the Event provided that a comparable venue is found within 500km of the Perth General Post Office; or
- there are adverse weather conditions which are not causative of the Event being cancelled.
- Except where the event is cancelled due to government legislation, If the Event is delayed, prevented, postponed, rendered impractical or abandoned (collectively “Cancelled”) by reason of fire, flood, storm, lightning, weather conditions, national emergency, actions taken by government agencies, industrial dispute, explosion, riot, civil disturbance, failure to obtain relevant permits, inevitable accident or any similar cause not within Our control, We agree to refund to You a proportion of the face value of Your Ticket as per clause 9
- If the event is cancelled due to COVID19 government legislation, you are eligible for a full refund subject to government authorities rejecting Blazing Swan event approvals due to COVID19 before the opening of gates to theme camp participants on Saturday 9th April 2022. If the event is cancelled due to COVID19 government legislation after opening of gates for theme camp participants on Saturday 9th April 2022, we agree to refund to you a proportion of the face value of your ticket as per clause 9.
- In the event the ticket is proportionally refunded, the proportion is calculated as follows:
Proportion refundable = (T – E)/T
Where T is the total amount realised from the sale of all tickets (exclusive of GST); and E is the total sum of all expenses We have paid, and all liabilities we have incurred, to third parties in connection with, and in preparation for, the Event up to the time that the Event is Cancelled.
- Notwithstanding clause 6, 7, 8 and 9, Blazing Swan will use its best endeavours to provide a larger refund to Ticket Holders should the Event be Cancelled, subject to a successful claim on any cancellation insurance held by Blazing Swan. You acknowledge and agree that the timing of such further refund will be after all necessary processes have been followed which may take several months. Blazing Swan makes no assurances on the timing or existence of such additional refund.
- You may be asked to show photo identification along with Your ticket upon entry to, or during, the Event. Your name must be on Your ticket and must match Your current photographic ID.
- General entry tickets may not be resold above face value. If a ticket is resold then ownership must be transferred to the new purchaser using the ticket transfer system provided by Us or any ticketing vendor We engage. Once the transfer is complete the original ticket will not be valid for entry to the Event. We reserve the right to cancel any ticket which has been sold above face value.
- On arrival at the Event, You will be given a wristband which must be secured to Your wrist for the duration of the Event. If Your wristband becomes damaged or unwearable, a replacement wristband will be issued from Event HQ upon presentation of the damaged or unwearable wristband and Your ticket. Any person at the Event without a secured wristband, including a Ticket Holder, will be presumed not to hold a valid ticket and may be asked to leave the Event.
- Lost, stolen or damaged tickets will not be replaced unless the affected Ticket Holder can provide, to Our reasonable satisfaction, proof of purchase of the original ticket, upon which a new ticket will be issued to them through the ticket transfer system provided for in clause 8.
- Tickets are revocable licenses that may be revoked by Blazing Swan 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 the Event, breach of these Terms and Conditions, or conduct deemed by Blazing Swan to be unacceptable which includes but is not limited to conduct likely to threaten or cause harm to any other individual or disrupt the safe or compliant operation of the Event.If you are unable to attend the event due to self isolation in response to COVID 19 symptoms, you are eligible for a full refund subject to presenting evidence of your COVID19 test, positive or negative, to Blazing Swan, In such a case Blazing Swan will issue a refund upon receipt of the test notification.
- Subject to clause 5 and 6, Blazing Swan reserves the right to add, withdraw or substitute any elements of the program or vary the Event ticket prices or enlarge patron capacity at any time.
Access to areas
- Tickets only provide access to areas which are indicated by signage at the “Event”.
- Children under the age of 18 must be accompanied by their parent or legal guardian at all times.
- Children under the age of 18 remain the responsibility of their parents or legal guardian at all times.
- Participants must observe Blazing Swan’s arrival and departure times from the site. General Admission will be no earlier than midday on the Wednesday immediately prior to the Western Australia Easter Weekend and must be vacated by midday on the Tuesday immediately preceding the Western Australia Easter Weekend. Check online closer to the “Event” date for any updates or changes to these times.
- Participants must follow the direction of all appointed Blazing Swan Event staff at all times.
- Community standards of behaviour are expected and persons deemed to be behaving in a manner that is dangerous or unacceptable by the “Event” Manager may be refused admission and/or removed from the site.
- 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.
- Participants must not swim, bathe in or enter any dams, creeks or waterways in or in the vicinity of the “Event” site.
- The following items are prohibited on the Event site without prior approval and pre-event registration by Blazing Swan: firearms, weapons, pyrotechnics, unregistered lasers, drones, unapproved vehicles, dogs or pets (assistance animals excepted).
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 often presents unforgiving physical environments 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.
Acceptance of risk and waiver of liability
- Purchase of ticket and/or entrance to the “Event” indicates acceptance of the following warning and waiver of liability: 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 all manner of 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, waiving and foregoing any rights to make claims for losses and injuries.
- 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 such risk, even if arising from the negligence of blazing swan incorporated, or by third parties, and you assume full responsibility and liability for your participation.
- 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, and the release in paragraph 32applies to any injury you might sustain relating to your 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.
- Participants are expected to comply with applicable local, state and commonwealth laws, the Blazing Swan Principles and Blazing Swan Event policies, and to conduct themselves in a manner that does not threaten the health and safety of other participants, or cause damage to the “Event” venue, or damage/relocate the “Event” artworks or any other participants property.
- If your conduct is deemed by the Event Manager to be unacceptable or dangerous and you are refused access or asked to leave the “Event”, then you must leave the site immediately.
- The laws of Western Australia and Australia apply at all times, and Police have access to the site at their own discretion. The Police may be called by Blazing Swan Event staff if it is deemed necessary to deal with any participant whose conduct is unacceptable or dangerous.
- Blazing Swan Incorporated reserves the right to take whatever measures it considers reasonable and necessary to protect its interests and the safety of participants at the “Event”.
- Reading the Survival Guide is mandatory for all first time attendees, and we recommend previous participants familiarise themselves with the current Survival Guide prior to attending the “Event”.
- I understand that my use of a ticket or other entry credential for entry to the “Event” signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to Blazing Swan.