PARTICIPANT TERMS AND CONDITIONS
THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE ACCEPTING IT. UPON ACCEPTING THIS FORM AND DECLARATION, YOU ACKNOWLEDGE THAT YOUR LEGAL RIGHTS ARE AFFECTED AND THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS.
The following terms and conditions must be read carefully:
ID will be checked on entry and if you are not within the required age, you will not be allowed to enter.
You hereby agree to be bound by the terms of this contract with the Providers in the definitions at clause (a). The Providers agree to permit You to participate in the Relevant Activities upon and subject to the following terms and conditions:
(a) Definitions: in these terms and conditions:
Associated Entity has the meaning given to that term in section 50AAA of the Corporations Act.
Claim means and includes any action, suit, proceeding, claim, demand, damage, penalty, cost or expense however arising from or in connection with any Relevant Activities, but does not include:
(i) a claim against the Providers by any person expressly entitled to make a claim under a Provider insurance policy; or
(ii) a claim against the Providers under any right expressly conferred by their Constitution.
Clinic means the Coaching Clinic administered by the Providers.
COVID-19 means SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), coronavirus disease 2019 or COVID-19, including any future resurgence or evolutions or mutations thereof or any related or associated epidemic, pandemic or disease outbreak.
Relevant Activities means performing or participating in any capacity, in any authorised or recognised Relevant Activities, including but not limited to, travelling to and participating in the Clinic and otherwise playing, coaching, umpiring, competing or training in the sport of basketball and other related activities, as administered by the Providers.
Participant means You (or, if the participant is under the age of 18, Your child) who wishes to attend the Clinic.
Providers means jointly and severally the following providers:
(i) Indigenous Basketball Australia Limited (ACN 644 882 164)
(ii) DJ Sackmann Training LLC;
(iii) Donald Sackman;
(iv) Patrick Mills;
(v) any Associated Entities of those mentioned in (a) to (d); and
each of their applicable directors, officers, members, servants or agents.
You/Your/Yourself means the Participant, or if the Participant is under the age of 18 years, each of the Participant and their parent or legal guardian.
(b) Agreement: Your participation in the Relevant Activities is conditional on You checking the box below acknowledging that You make the declaration contained in this document. You acknowledge and agree to these terms and conditions and confirm the acknowledgements made by You, and will carry out Your obligations under these terms and conditions.
(c) Participant Acknowledgements:
You undertake, acknowledge and agree that You:
(i) will, at Your own cost, travel to and depart from the Clinic upon the dates and in the manner determined by the Providers;
(ii) will conduct Yourself in a proper manner to the absolute satisfaction of the Providers;
(iii) will be subject to, observe and comply with, the policies, procedures and jurisdiction of the Providers, including these terms and conditions;
(iv) have chosen to travel to and participate in the Clinic and the Providers have not mandated You to do so;
(v) will adhere to all public health and other COVID-19 directions or restrictions imposed by the Providers, the Australian government or a State/Territory government (or any other government, including the place of the Clinic) at all times for the period of the Clinic;
(vi) if You develop any cold and flu like symptoms (or other symptoms commonly associated with COVID-19), will temporarily or permanently withdraw from the Clinic until such time as:
(A) You have returned a negative COVID-19 test; and
(B) it is otherwise safe for You to participate in the Clinic in accordance with the public health advice in place at the relevant time;
(vii) if You return a positive COVID-19 test, You will bear all costs incurred by You in connection with Your positive COVID-19 test, including (but not limited to) accommodation costs for self-isolation purposes, quarantine costs charged by the Australian government or a State/Territory government (or any other government) and any other costs resulting from travel delays or restrictions. The Providers will not in any circumstances be responsible for such costs.
(d) Instructions: You agree that the Participant must at all times comply with the instructions and safety procedures of the Providers and each of their authorised representatives.
(e) Risk Warning: Your participation in the Relevant Activities is inherently dangerous and may involve risk. There are risks specifically associated with participation in the Relevant Activities and accidents can and often do happen which may result in personal injury, death or property damage. These risks include, but are not limited to, falling on the ground, being hit by a basketball, colliding with another player, umpire, official or spectator, crashing into or making contact with a physical structure or piece of equipment in or around the playing area, illegal rough play, slipping or falling as a result of uneven or slippery playing surfaces or courts, exposure to an outdoor environment and uncontrolled forces of nature. Prior to undertaking the Relevant Activities, You should ensure You are aware of all of the risks involved, including those risks associated with any health condition You may have. By accepting these terms and conditions, You acknowledge, agree, and understand that participation in the Relevant Activities provided by the Providers may involve risk. You agree and undertake any such risk voluntarily and at Your own risk. You acknowledge that the assumption of risk and warning above constitutes a 'risk warning' provided by the Providers in accordance with and for the purposes of the relevant legislation.
(f) Waiver: A supplier of recreational services or recreational activities can ask You to agree that statutory guarantees under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)) do not apply to You (or a person for whom or on whose behalf You are acquiring the services or activities, or to whom the services or activities are supplied).
If You accept these terms conditions, You will be agreeing that Your rights (or the rights of a person for whom or on whose behalf You are acquiring the services, or to whom the services are supplied) to sue the supplier because the services or recreational activities provided were not in accordance with the guarantees are excluded, restricted or modified as set out below.
(g) For recreational services or recreational activities to which the Australian Consumer Law (Commonwealth) applies: By accepting these terms and conditions, You agree that the liability of the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth)) for any:
(i) death;
(ii) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(iii) the contraction, aggravation or acceleration of a disease;
(iv) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(A) that is or may be harmful or disadvantageous to You or the community;
(B) that may result in harm or disadvantage to You or the community, that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) resulting from the supply of recreational services or recreational activities,
is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.
(h) Physical Fitness: You declare and warrant that the Participant is medically and physically fit and able to undertake and participate in the Clinic and the Participant is not a danger to themselves or to the health and safety of others. You acknowledge that You must, and You agree that You will, disclose any pre-existing medical or other condition that may affect the risk that the Participant will suffer injury, loss or damage. You acknowledge that the Providers rely on information provided by You and that all such information is accurate and complete.
(i) Consent to Medical Treatment: If the Participant suffers any injury or illness, You agree that the Providers may provide evacuation, first aid and/or medical treatment (including ambulance transportation) for the Participant at Your expense and that Your acceptance of these terms and conditions constitutes Your consent to such evacuation, first aid and/or medical treatment. You agree to reimburse the Providers for any cost or expenses incurred in providing such medical treatment. You authorise and consent to any treatment of the Participant deemed necessary being taken by the Providers.
(j) Release & Indemnity: In consideration of the Providers permitting the Participant to attend the Clinic, You, to the extent permitted by law:
(i) release and forever discharge the Providers from all Claims that You may have or may have had but for this release, but only where such Claims result from Your death or personal injury, arising from or in connection with the Participant undertaking the Relevant Activities, whether caused by the negligence or breach of contract by the Providers or in any other manner whatsoever; and
(ii) release and indemnify the Providers against any Claim which may be made by You or on Your behalf for or in respect of or arising out of Your death or personal injury whether caused by:
(A) the negligence or breach of contract by the Providers or in any other manner whatsoever; or
(B) any breach by You of the warranties given in clauses (l)i-iv,
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Providers.
Release and Indemnity: In consideration of the Providers permitting the Participant to attend the Clinic, You, to the extent permitted by law, release and forever discharge, and indemnify and will keep indemnified and hold harmless the Providers in respect of any Claim by any person:
(i) arising as a result of or in connection with the Participant attending or participating in the Clinic or undertaking the Relevant Activities (including without limitation any Claims associated with the postponement or cancellation of the Clinic, or the withdrawal of the Participant from the Clinic, for reasons directly or indirectly related to COVID-19), whether caused by the negligence or breach of contract by the Providers or in any other manner whatsoever; and
(ii) against the Providers in respect of any injury, loss or damage arising out of or in connection with your failure to comply with the Providers' rules and/or directions or with any applicable public health or other COVID-19 directions or restrictions imposed by the Providers, the Australian government or a State/Territory government or other relevant health authority, including at the place of the Clinic, whether caused by the negligence or breach of contract by the Providers or in any other manner whatsoever;
(iii) arising out of or connected with any breach by you of the warranties given in clause (l)i-iv,
save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of the Providers.
(k) Insurance: You agree that You are responsible for the Participant's own personal accident, medical and/or life insurance and any and all expenses in the event of injury or death. If You consider it appropriate to take out such personal accident insurance, You acknowledge that before doing so You have taken into account such personal accident insurance cover and the Participant's own circumstances.
(l) Disclosure of Medical Conditions: You warrant that the Participant:
(i) is and must continue to be medically and physically fit and able to undertake and participate in the Relevant Activities;
(ii) is not a danger to themselves or to the health and safety of others;
(iii) has not at any time suffered any blackout, seizure, convulsion, fainting or dizzy spells; and
(iv) is not presently receiving treatment for any condition, illness, disorder or injury which would render it unsafe for them to take part in the Relevant Activities.
You acknowledge that You must and will disclose any pre-existing medical or other condition that may affect the risk that either the Participant or any other person will suffer injury, loss or damage. You acknowledge that the Providers rely on information provided by the Participant and that all such information is accurate and complete. You must inform the Providers if any such medical or other condition arises after You agree to these terms and conditions and prior to undertaking the Relevant Activities. You agree to report any accidents, injuries, loss or damage the Participant suffers during any Relevant Activities to the Providers before the Participant leaves any relevant venue. You acknowledge that if any of the warranties You make under this clause (l), including those in subclauses (i)-(iv), can no longer be made by You on the date You undertake the Relevant Activities, You must inform the Providers on arrival and before the Participant participates in any Relevant Activities.
(m) Safety: You understand and acknowledge the dangers associated with the consumption of alcohol or any mind-altering substance before or during the Participant's involvement in the Relevant Activities, and You accept full responsibility for injury, loss or damage associated with the consumption of alcohol or any other mind-altering substance. You agree that the Participant will follow any rules set by the Providers in connection with any Relevant Activities. If the Participant fails to comply with the Provider's rules and/or directions, the Participant will not be permitted to participate or to continue to participate in the Relevant Activities.
(n) Relevant Activities done at the Participant's own Risk: The Participant undertaking the Relevant Activities may only occur on the distinct understanding that they do so entirely at Your own and their own risk.
(o) Bar to proceedings: The Providers may plead this contract as a bar to proceedings now or in the future commenced by or on behalf of You or by any person claiming through You. Where You seek to commence proceedings against the Providers, You:
(i) will commence those proceedings in the courts of New South Wales;
(ii) waive any right to object to the exercise of such jurisdiction;
(iii) will, where You seek to commence proceedings in another jurisdiction other than New South Wales, consent (if required by the Providers) to move those proceedings to New South Wales including consenting to any application made by the Providers or any of them to remove the proceedings to New South Wales;
(iv) will pay the costs of any application made by the Providers or any of them under paragraph (iii) and will consent to any application for security of costs made at any time by the Providers; and
(v) consent to paying the Providers legal defence costs of the proceedings (on a solicitor client basis) where the Providers successfully defend the proceedings.
(p) Use of Image: You acknowledge and consent to photographs and electronic images being taken of the Participant while undertaking the Relevant Activities. You acknowledge and agree that such photographs and electronic images are owned by the Providers and the Providers may use the photographs for promotional or other purposes without Your acknowledgement, or the You being entitled to any remuneration or compensation or Your further consent being necessary.
(q) Privacy: You understand that the personal information You have provided in the form to which these terms and conditions apply is necessary for the conduct, management and operation of the Clinic and Relevant Activities and that it is collected in accordance with the IBA Privacy Policy (available from https://indigenousbasketballaustralia.com/privacy-policy/). You acknowledge that the Providers may use or disclose Your personal information for the purposes of facilitating the Clinic or conducting the Relevant Activities, or providing You with information and promotional material or otherwise in accordance with IBA's Privacy Policy. IBA may share Your personal information with third parties such as NBA, NACCHO, Government bodies and/or sponsors and program partners to carry out functions and activities on its behalf; however the personal information is not generally disclosed to anyone outside Australia. You understand that the IBA Privacy Policy contains information about how You may access and request correction of Your personal information held by IBA or make a complaint about the handling of the Participant's personal information and provides information about how a complaint will be dealt with. You acknowledge that the Participant being permitted to attend the Clinic and/or participate in the Relevant Activities may be revoked if the information is not provided. If You do not wish to receive material from IBA and third parties, You must advise IBA in writing or via the opt-out procedures provided in the relevant communication.
(r) Entire Agreement: These terms and conditions constitute the entire agreement between the parties in respect to the Clinic and Relevant Activities and supersede all other agreements, understandings and representations and negotiations with the Providers in relation to the Clinic and Relevant Activities. To the extent that any clause of these terms and conditions is void or unenforceable it is severable and does not affect the remaining provisions of these terms and conditions.
(s) Governing Law: The governing law of these terms and conditions is the law of the State of New South Wales and You submit to the exclusive jurisdiction of the courts of New South Wales.
(t) Statement of Understanding: You have read, or have had read to You the above terms and conditions and having understood the same, You consent to the activities proposed.
PLEASE NOTE THE FOLLOWING:
If the Competition and Consumer Act 2010 or similar State laws operates so as to prevent the exclusion, restriction or modification of warranties otherwise implied by those laws, or the liability of the Providers for failing to comply with a statutory guarantee under the Australian Consumer Law that services will be provided with due care and skill, then the liability of the Providers for breach of the warranties or for the failure to comply is limited to:
(i) the re-supply of the Relevant Activities and related activities; or
(ii) the payment of the cost of having the Relevant Activities and related activities supplied again.
DECLARATION
By puchasing this ticket, I acknowledge that I have read, understood, acknowledge and agree to the above including the exclusion of implied terms, the exclusion of the operation of the Australian Consumer Law, the exclusion of liability in respect of the Relevant Activities, the risk warning, assumption of risk, release and indemnity:
***Where the applicant is under 18 years of age, this declaration must also be accepted by the Participant's parent or legal guardian:
I am the parent or guardian of the Participant. I authorise and consent to the Participant undertaking the Relevant Activities. In consideration of the Participant participating in the Relevant Activities, I expressly agree to be responsible for the Participant’s behaviour and agree to accept in my capacity as parent or guardian, the terms set out in these terms and conditions and declaration. In addition, I agree to be bound by and to comply with the IBA Constitution and any rules, policies and procedures of the Providers, and I have read, understood, acknowledge and agree to the above including the exclusion of implied terms, the exclusion of the operation of the Australian Consumer Law, the exclusion of liability in respect of the Relevant Activities, the risk warning, assumption of risk, release and indemnity.
NOTES: This form is necessary for attendance at the Clinic. Following the submission of this form, participation of the Participant will be confirmed for the Clinic.
SCHEDULE 1
EXCLUSION OF LIABILITY AND EXPRESS AND IMPLIED CONSUMER LAW TERMS
(1) For recreational services or recreational activities to which the Australian Consumer Law (New South Wales) applies: By accepting these terms and conditions, You agree that the liability of the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW)) for any:
(1) death;
(2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(3) the contraction, aggravation or acceleration of a disease;
(4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(1) that is or may be harmful or disadvantageous to the Participant or the community;
(2) that may result in harm or disadvantage to the Participant or the community, that may be suffered by the Participant (or a person for whom or on whose behalf the Participant is acquiring the services) resulting from the supply of recreational services or recreational activities,
is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.
(2) For recreational services to which the Australian Consumer Law (Queensland) applies: By accepting these terms and conditions, You acknowledge that where the Participant is a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of the Providers will, at the discretion of the Providers, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.
(3) For recreational services to which the Australian Consumer Law (Northern Territory) applies: By accepting these terms and conditions, You agree that the provisions of Part 3.2, Division 1, sub-division B of the Australian Consumer Law (NT) do not apply to the services provided to the Participant, and the Providers incur no liability with respect to death or personal injury for a failure to comply with a guarantee under that sub-division in relation to supply of these recreational services. By accepting these terms and conditions, You acknowledge that You have been made aware of the general effect of this exclusion, restriction or modification, have had a reasonable opportunity to consider whether or not to enter into this contract on that basis and have decided to enter into the contract.
(4) For recreational services to which the Australian Consumer Law (Australian Capital Territory) applies: By accepting these terms and conditions, You acknowledge that where the Participant is a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of the Providers will, at the discretion of the Providers, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.
(5) For recreational services or recreational activities to which the Australian Consumer Law (Western Australia) applies: By accepting these terms and conditions, You agree that the liability of the Providers in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and recreational activities (as that term is defined in the Civil Liability Act 2002 (WA)) for any:
(1) death;
(2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
(3) the contraction, aggravation or acceleration of a disease;
(4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
(1) that is or may be harmful or disadvantageous to the Participant or the community;
(2) that may result in harm or disadvantage to the Participant or the community, that may be suffered by the Participant (or a person for whom or on whose behalf the Participant is acquiring the services) resulting from the supply of recreational services or recreational activities;
is excluded and the application of any express or implied term or any guarantee under the Australian Consumer Law that any services will be provided with due care and skill is hereby excluded.
(6) For recreational services to which the Australian Consumer Law (Victoria) applies: Warning under the Australian Consumer Law and Fair Trading Act 2012: Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on these terms and conditions, the Providers, are required to ensure that the recreational services it supplies to the Participant:
(1) are rendered with due care and skill; and
(2) are reasonably fit for any purpose which You either expressly or by implication, make known to the supplier; and
(3) might reasonably be expected to achieve any result You have made known to the supplier.
Under section 22 of the Australian Consumer Law and Fair Trading Act 2012 (Vic), the supplier is entitled to ask You to agree that these conditions do not apply to the Participant. If You accept these terms and conditions, You will be agreeing that Your or the Participant's rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if the Participant is killed or injured because the services were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in these terms and conditions.
Note: The change to Your or the Participant's rights, as set out in these terms and conditions, does not apply if the Participant's death or injury is due to gross negligence on the supplier’s part. “Gross negligence” in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).
Exclusion of rights under the Australian Consumer Law (Victoria): By accepting these terms and conditions, You agree that the liability of the Providers for any death or personal injury (as defined in the Australian Consumer Law and Fair Trading Act 2012) that may be suffered by the Participant (or a person from whom or on whose behalf the Participant is acquiring the services) resulting from the supply of recreational services is excluded.
(7) For recreational services to which the Australian Consumer Law (Tasmania) applies: By accepting these terms and conditions, You acknowledge that where the Participant is a consumer of recreational services, as defined by any relevant law, certain terms and rights usually implied into a contract for the supply of goods or services may be excluded. You acknowledge that these implied terms and rights and any liability of the Providers flowing from them, are expressly excluded to the extent possible by law, by these terms and conditions. To the extent of any liability arising, the liability of the Providers will, at the discretion of the Providers, be limited in the case of goods, to the replacement, repair or payment of the cost of replacing the goods and in the case of services, the resupply of the services or payment of the cost of having the services supplied again. For the avoidance of doubt, this exclusion does not exclude liability for recklessness as defined by any relevant law.
(8) For recreational services to which the Australian Consumer Law (South Australia) applies:
Your rights: Under sections 60 and 61 of the Australian Consumer Law (SA), if a person in trade or commerce supplies the Participant with services including recreational services1), there is:
(1) statutory guarantee that those services will be rendered with due care and skill; and
(2) 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
(3) 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 (SA), 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 (a third party consumer). If You accept these terms and conditions, 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 injury2.
Important: You do not have to agree to exclude, restrict or modify Your rights by accepting these terms and conditions. The supplier may refuse to provide You or the Participant with the services if You do not agree to exclude, restrict or modify Your rights by accepting these terms and conditions. Even if You accept these terms and conditions, 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: You agree that the liability of the Provider for any personal injury that may result from the supply of the recreational services that may be suffered by You (or a person for whom or on whose behalf You are acquiring the services) is excluded.
Definitions:
(4) Recreational services are services that consist of participation in -
(1) sporting activity or similar leisure-time pursuit; or
(2) any other activity that involves a significant degree of physical exertion or risk and is undertaken for the purposes of recreation, enjoyment or leisure.
(5) 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.
Covid-19: The parties acknowledge that, as at the time of purchase, there is a respiratory outbreak caused by Covid-19 that is impacting New Zealand. The parties agree that where it is impossible or impractical for the performances to take place due to any cause or event in connection with Covid-19 pandemic that is not reasonably within the control of the promoter, then the Performance will be cancelled and the parties will have no further liability to each other, the ticket purchaser will be refunded any monies paid to the promoter less any booking fees paid to the ticket agent and credit card fees paid to the ticket purchasers bank.
Events company: This is event is run by IBA Ltd
Terms and Conditions are Binding: Tickets to the Event are sold or given and admission to the Event is granted on the express condition that you are bound by these Event Terms and Conditions and any other rules and regulations issued by the Promoter (Event T+Cs). By purchasing an Event ticket you agree to be bound to the Event T+Cs.
Directions of Event Staff: You must follow the reasonable directions of Event staff as required and comply with the law at all times during the Event.
Proof of Age: You must have valid proof of age photo ID to gain entry into the Event Site.
Event Tickets:
Entry to the Event Site will be granted with presentation of:
- a valid bar-coded ticket; or
- a valid bar-coded print-at-home PDF ticket; or
- a valid bar-coded Passbook ticket (electronic ticket on mobile device),
issued by an Authorised Ticketing Agency, to be exchanged for a wristband upon entry.
Your Event wristband must be worn at all times during the Event – failure to do so may result in your eviction from the Event Site without refund.
Event wristbands removed from wrists or tampered with will be rendered invalid and will not be replaced. Damaged or defaced Event tickets or wristbands will not be accepted.
An Authorised Ticketing Agency means each of: (1) Flicket Ltd (Flicket); and (2) any independent ticketing outlet as authorised and approved by the Promoter.
Lost Tickets or Wristbands: replacement is not available for lost, destroyed or stolen Event tickets unless proof of purchase is presented.
Ticket Restrictions: You agree not to re-sell Event tickets contrary to applicable laws. Event tickets may not, without the prior written consent of Promoter;
- be re-sold or offered for resale at a premium (including via online auction sites) or;
- used for advertising, promotion or other commercial purposes (including competitions and trade promotions)
or;
- used to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer.
If an Event ticket is used in breach of this condition, the Event ticket may be cancelled without a refund and the bearer
of the Event ticket may be refused admission. The Promoter will use reasonable efforts to notify you of such action.
Ticket Purchase Limits: The Promoter reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits in any one transaction or by any one customer. If you exceed the stated ticket limit, you may have all or any of your order and tickets cancelled without notice by Promoter in its discretion. This includes orders associated with the same name, email address, billing address, credit card number or other information.
Search on Entry: It is a condition of entry to the Event Site that a search of you and/or your possessions be required at the time of entry to the Event Site. If you do not consent to such searches, you may be denied entry to the Event Site without refund. Prohibited Items include but are not limited to the list of items at the end of these Event T+Cs and any Prohibited Items will be confiscated. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items (if any) will be donated to a charity. Promoter reserves the right to refuse entry to any persons.
Smoking Policy: Venues and stages on and within the Event Site may operate a No Smoking policy and you must comply with any such policy.
Photographing and/or Recording of the Event by You:
No mobile phones, smart watches, cameras or recording devices will be allowed at the venue. . Cameras and other recording devices will not be allowed into the venue and should be left at home. All guests are encouraged to arrive with physical tickets in hand to ensure a smooth entry process. Anyone caught with a mobile phone in the venue will be immediately ejected. We appreciate your cooperation in creating a phone-free experience.
Recording or filming the Event is strictly prohibited.
Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photos created by unauthorised
or prohibited recording, filming or photography.
Recording and Photography of the Event by Promoter: you consent to be included in official photography, film and sound recordings of the Event and for these recordings to be used by Promoter and/or any of its authorised representatives and contractors in any medium or context without further authorisation by, or compensation to you.
Restricted Capacity: You acknowledge that there may be restricted capacities at some of the Event’s stages or venues. Once the maximum capacity is reached in these areas there will be no further admissions. Your purchase of a ticket to the Event does not guarantee admission to these areas in such cases.
No Animals: animals are not permitted at the Event Site. Service animals are permitted.
No Passouts: passouts will not be issued unless otherwise stated.
Your Behaviour: you must ensure that you and your invitees act in an orderly manner when attending the Event Site.
Promoter may refuse entry or evict you or any of your invitees if you or any of your party are behaving in a disorderly, offensive or inappropriate manner.
Alcohol: No Alcohol is permitted on site.
Food and Drink: Some food or drink will be provided
Drugs: If you are found supplying, consuming or in possession of illicit drugs you will be removed from the Event Site and may be referred to police.
Signage: You are not permitted to display trading signs on the Event Site without prior written consent of Promoter.
Your Personal Information: Pursuant to your booking, Promoter may need to collect and keep personal information about you including your name, address, credit card or payment details, telephone number and the names of all ticket allocations. Unless you tell us otherwise, Promoter may disclose your contact details to third parties if you elect to receive such information at time of ticket purchase so they can provide you with promotional material about other events and products. Promoter may also need to disclose your personal information as required by law. If you have any questions about how Promoter will handle your personal information please contact info@indigenousbasketballaustralia.com. Please note that all payment information is handled by Windcave (Payment Express) and subject to their T&C, no information on Credit Cards is collected or stored by Flicket Ltd.
Promoter’s Liability: The services provided by Promoter will be rendered with due care and skill to the extent required by Part 4 of the Consumer Guarantees Act 1993. Apart from such statutory liability, Promoter and the owner and/or lessee of the Event Site will not be liable or responsible for any injury, damage or loss suffered or incurred by you or any person entering or when you enter or are on the Event Site whether caused by the negligence of Promoter or that of the owner and/or lessee of the Event Site (or their respective employees, contractors or agents), whether arising in tort, contract, bailment or otherwise - all such injury loss or damage to person or property is at your own risk.
Indemnity: You agree to indemnify Promoter and owner and/or lessee of the Event Site against any loss or damage
Promoter and/or Event Site owner and/or lessee may suffer arising out of your negligence or breach of the Event T+Cs.
Release: To the full extent permitted by law, you waive all legal rights of action against and fully release Promoter and owner or lessee of the Event Site (and their respective executive members, directors, officers, employees, volunteers, contractors or agents) from any liability for any loss, damage, personal injury, death, economic loss or consequential loss for any default, failure or negligence (to the extent permitted by law) in relation to entry to and presence on the Event Site.
Risk: Entry to the Event Site is at your own risk. Without limiting the generality of this:
- appropriate footwear and clothing must be worn at all times at the Event Site;
- you must not mosh, crowd surf or stage dive;
- ear plugs should be worn if necessary.
To the extent permitted by law, Promoter takes no responsibility for any hearing damage or loss caused by excessive noise or injury caused by your failure to follow Promoter’s directives. In the event of injury or illness Promoter may, at your cost, arrange medical treatment and/or emergency evacuation as deemed essential for your safety.
Enforceability: Any provision of these Event T+Cs which is or becomes unenforceable shall not invalidate the other provisions of these Event T+Cs.
Ticket Name Change: "For some events, Flicket facilitates the transfer/renaming of ticket(s). For facilitating this transfer/renaming there may be a fee that the new ticket owner has to pay"
"Once you have transferred/renamed your ticket(s) you will have no rights or ownership to the ticket(s) transferred"
Online Ticketing Support: If you are experiencing difficulties with purchasing a ticket or the ticketing page, please
Contact: 9:00am – 7:00pm NZT (Monday – Sunday)
Email: support@flicket.co.nz
Refund and Cancellation Policy: The Event is an all-weather event. The Event will take place rain, hail or shine. Tickets purchased for the event are for the the event, not for specific artists or acts. The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, vary the date and/or vary the Event Site without prior notification and deny admission to the Event Site (including admission to a particular performance at the Event Site) with reasonable cause. No refunds on tickets except where required by the Consumer Guarantees Act 1993. No refunds or other compensation will be given if an advertised artist or act is changed, cancelled or the length or content of their performance is changed.
Subject to this clause, the Promoter is not liable for any loss, damage or compensation as a result of the Event being cancelled, postponed, relocated or changed for any reason.
There will be no refund of any unused portion of an Event Ticket if you or your invitees are asked or forced to leave the Event for any of the reasons set out in the Event T+Cs or if you decide not to attend the Event. You are responsible for checking the age minimum for the Event. No refunds will be processed if you are denied entry due to not having valid ID for admittance to the Event Site.
Environment: Promoter cares for the environment and community. Please be respectful and place any litter in the bins provided around the Event Site. Be waste and water-wise - thank you.
Prohibited Items: Prohibited Items include but are not limited:
• Alcohol - any alcohol found at the Event Site will be confiscated and will not be returned and the offending
patron(s) ejected from Event Site for the remainder of the Event.
• Glass (jars, bottles, containers, mirrors and perfumes).
• Air horns.
• Weapons or explosives of any kind (including potential missiles).
• Illegal substances.
• Animals (excluding service dogs such as guide dogs and police or emergency service dogs).
• Nitrous oxide bulbs and canisters.
• Flares, fireworks, sparklers explosives, or any fire twirling equipment.
• Fires and open flames.
• Flammable liquids.
• Instruments.
• Advanced personal vapourizers (or modified APVs) or liquid refills for E-Cigs.
• Sound systems.
• Portable laser equipment and pens.
• Sharpies, markers, paint cans or paint pens.
• Drones or other remote control devices.
• Couches and chairs.
• Anything studded (ie belts, wristbands etc).
• Audio or video recording devices (including GoPro and similar).
• Professional photography equipment (eg telephoto lenses; any lens over 20cm; any detachable lens; stands or
other commercial equipment or anything deemed by Event staff to be professional photography equipment).
• Kites or sky lanterns.
• Toy guns, water guns or slingshots.
• Monopods, tripods or attachment sticks(selfie-sticks).
• Skateboards, scooters, wagons, carts, rollerblades, roller skates, bicycles, quad-bikes, segways, hoverboards,
self-balancing scooters or any personal motorised vehicles.
• Unauthorised solicitation materials including handbills, flyers, stickers, beach balls, give-aways, samples, or
other promotional items.
• Any other item deemed by Event staff (in their discretion) to be dangerous or offensive or potentially
dangerous by Event organisers.
• Eskies and coolers.
• Umbrellas.