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General Terms & Conditions

General Terms & Conditions

Definitions in these conditions:

  • Festival means Babinda Harvest Festival. Babinda Harvest Fest INC, ABN 36 959 749 952.
  • BHF means Babinda Harvest Festival.
  • Princess Quest is the quest associated with becoming Babinda Harvest Festival Queen and / or Miss Community Spirit.
  • High Tea means the fundraising event held at Babinda RSL in the lead up to the Festival.
  • Ball / Masquerade Ball / Cabaret means the fundraising event held at Babinda RSL hall in the lead up to the Festival.
  • Grounds means Bill Wakeham Park and all associated grounds, buildings, fields and structures.
  • CRC means Cairns Regional Council.
  • Committee refers to the Babinda Harvest Festival Volunteer Committee.
  • Event means any event in the lead up to, including, and after the Festival, conducted at any venue in the CRC region, under authorisation from the BHF Committee.
  • Patrons / Visitors / Guests are any persons attending the festival or any event.
  • You means the individual ticket holder or purchaser.
  • Event Coordinator means the committee member in charge of the event.
  • Executive Committee means those key members of the volunteer committee, in accordance with the constitution – President, Treasurer, Vice President, Secretary.
  1. Tickets to an Event are issued by BHF. By entering an Event or receiving a ticket for entry to an Event you are deemed to have accepted and understood these conditions and any accompanying risks, obligations and responsibilities and that these conditions are binding on you. It is your responsibility to read and inform yourself of these conditions. Certain areas at an Event may have further specifications.
  2. All prices are in Australian Dollars (AUD) and are inclusive of GST. Prices listed are per head and are subject to availability. If you require further information in relation to ticketing please contact the BHF Committee on 0458 496 077 or email info@babindaharvestfest.org.
    Please use the relevant booking link for each particular event on the Website to specify your ticket requirements for the Event (website babindaharvestfest.org or by contacting the BHF Commitee as above).
  3. No refunds will be made on group bookings and final numbers for group bookings must be provided together with payment in full at the time of booking. Payment in full at the time of booking, is the only guaranteed confirmation. No refunds will be issued. Individual payments for group bookings are accepted through the booking platform. Please note: no tickets and no confirmation will be offered or issued prior to payment.
  4. If you enter an Event there is a possibility of an accident causing injury, death or property damage or loss. Entry to the Event is at your own risk. The risks associated with entry to an Event include but are not limited to the risk of suffering injury, harm or loss as a result of;
    1. temporary structures (including without limitation umbrellas, marquees and gazebos), parts thereof or other debris being dislodged by wind and coming into contact with persons, vehicles or structures;
    2. incidents involving the movement of equipment (including without limitation items being moved by any persons within the grounds – and come into contact with persons, vehicles or structures) or vehicles; or
    3. harmful acts (whether intentional or inadvertent) committed by persons (including, without limitation, intoxicated persons) present at the Event.
  5. Some areas of the Event are exposed to the weather, including direct sunlight and heat, rain and wind. BHF does not guarantee that there will be sufficient space for you to obtain shelter from such weather.
  6. Whilst at the Event you are responsible for your own property. You must not leave your bags or possessions unattended at any time. There are no cloaking facilities at the Event.
  7. If you breach these conditions, or BHF (with reasonable cause) so directs, you may, without limitation:
    1. be refused entry to the Event;
    2. be evicted from the Event;
    3. be required to surrender articles in your possession;
    4. have your ticket confiscated or cancelled without refund; or
    5. be reported to an appropriate law enforcement body.
  8. You must comply with any reasonable directions given to you by BHF. BHF or a person authorised by BHF may, at any time, inspect any vehicle, bag, basket or other receptacle or require you to turn out your pockets.
  9. If you become aware of any incidents, matters or circumstances in contravention of these conditions, or if you have any issues that you wish to bring to BHF’s attention, then for matters involving the Grounds you should contact the Committee on 0458 496 077. For matters arising during the course of the Ball, please alert a Committee Member or the Bar Staff. For all other matters you may call the Committee on 0458 496 077. You should do this as soon as possible so as to assist BHF to provide you with a helpful response.
  10. The schedule for an Event (whether published or otherwise) and its proposed format are only provisional and subject to change if necessary due to adverse weather conditions or other reasons. BHF reserves the right to cancel, withdraw, postpone, relocate or reschedule an Event or change the participants in an Event. There is no guarantee of viewing any planned participant in an Event or of viewing any particular Event, and BHF is not liable to you for any loss or damage you suffer as a result of any change to, or cancellation of, an Event where the circumstances giving rise to such cancellation are beyond BHF’s reasonable control. You also agree that you have no right to claim a refund or exchange ticket in such circumstances and no obligation is assumed by BHF to schedule a substitute Event.
  11. The High Tea and BHF Ball venue will serve alcohol. Persons under 18 years of age, must be in the care of a parent or guardian. The Grounds will allow alcohol to be consumed in common areas, with the exception of Children’s Rides area.  Persons under the age of 18 are not permitted to receive or wear an entry wristband. BHF reserves the right to require proof of age of any person entering, seeking bar tickets, or for bar service.  This could be at the Grounds or at any venue.
  12. Persons under the age of 18 years are permitted to be within the bar area, provided they are under the supervision, care and conduct of a parent or guardian at all times. Parents and/or Guardians are responsible for the care and control of their children, and will indemnify BHF against all and any loss or damage caused by or to such children.
  13. In respect of all tickets you receive, you must comply and ensure that each subsequent holder of the tickets complies with these conditions and all relevant laws and regulations.
  14. BHF makes no representation or guarantee that there is space available in any particular viewing area within the Grounds, or that there will be space in any viewing area so as to allow you to view any particular Event.
  15. Tickets to an Event must not, without the prior written consent of BHF, be offered for resale (by any means), resold or packaged or used for advertising, promotion or other commercial purposes (including competitions, giveaways or trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of these conditions, the bearer of the ticket may be denied admission, and other action may be taken, without refund.
  16. If you obtained your ticket other than from BHF or authorised ticket sellers, your ticket may be counterfeit or have been reported lost or stolen. If you are in possession of a ticket which is counterfeit, or which has been reported lost or stolen, you will be refused entry or removed from the Event at BHF’s sole discretion. BHF is not obligated to replace tickets under any circumstances, including but not limited to, loss or theft. BHF reserves the right, however, to replace a ticket which has been lost or stolen and charge a fee for that replacement, at its sole discretion.
  17. If you are requested by BHF, or a person authorised by BHF, you must produce your email ticket purchsase confirmation for inspection. Tickets/emails which are unreadable due to mutilation of any kind will not be accepted. Should you fail to produce your confirmation email, BHF retains the right to remove you from the Event.
  18. Reserved gazebos are for bookings made with the Committee, prior to the event. Entry and use of reserved gazebos is for the paying party only. Confirmation may be sought by BHF at anytime during use of the gazebos.  
  19. You must not, without express authorisation of BHF, enter the reserved space and marquees beside the stage, on the stage, behind the stage, or behind the bar, fireworks zone, tractor pull zone, lolly drop zone before allowed.
    1. For the comfort and safety of persons at an Event, you are not permitted to bring into the Event (or have in your possession at the Event) any of the following without the consent of BHF:
    2. alcoholic beverages;
    3. any structure or item that may be used to erect a structure (including without limitation ‘market’ or ‘beach’ umbrellas or similar large umbrellas, portable shade structures or gazebos), chairs are allowable.
    4. prohibited weapons or controlled weapons within the meaning of the Weapons Act 1990 (QLD) whose possession would constitute an offence under that Act or articles capable of being used as weapons or anything which may be used in a way which adversely affects the safety of persons at the Event, damages property or interferes with the comfort of persons at the Event or with their enjoyment of the Event;
    5. any object that could be used to distract, hinder or interfere any animal or person taking part in an Event, or disrupt or interrupt any Event, whether intentionally or otherwise including (without limitation) a laser pointer device (or a device incorporating a laser pointer);
    6. any animals (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dog);
    7. any flags larger than 1 metre x 0.60metre or with handles longer than one (1) metre or any banner;
    8. any whistle, loud hailer, public address system, electronic or other broadcast device or any device which may interfere with electronic or radio communications or broadcasting signals or equipment used by BHF or other persons authorised by BHF in connection with the Event;
    9. any fireworks, flares or distress signals;
    10. any item that you intend (or such quantities of the item from which BHF can reasonably infer that you intend) to distribute, hawk, sell, offer or expose for sale;
    11. any dangerous goods (as determined by BHF) (as that term is defined in Part 1, Division 4 , Section 9 of the Dangerous Goods Safety Management Act 2001(QLD) as amended;
    12. any object, device or substance that may be used to deface or damage any part of the Event including (without limitation) any spray paint or permanent markers;
    13. any torn up or shredded paper, confetti, rice, streamers or similar items;
    14. save for any designated public car parking area at the Event, any vehicle or transportation device including without limitation, any motorcar, motorcycle, motor scooter, bicycle, scooter, skateboard, roller skates or roller blades, but not including any wheelchair or similar apparatus which you require as a result of a disability or impairment;
    15. any item (including without limitation any article of clothing, poster or sign) bearing any image, slogan or text which is indecent, discriminatory, obscene, insulting or threatening or which may be offensive to other persons present at the Event or is in competition with any of the Sponsors of the Event (as determined by BHF in its sole discretion);
    16. private security providers;
    17. generators; or
    18. any form of lighting or illumination device. Any consent given by BHF may be revoked by BHF. If such consent is withdrawn, or if no consent was obtained, you must immediately remove or hand to BHF the offending article or immediately leave the Event through the nearest exit.
  20. Unless authorised beforehand by BHF in writing you must not, while at an Event:
    1. pick any flower or injure or uproot any tree, shrub, flower or other plant or disturb or interfere with any fauna;
    2. climb or attempt to climb or remain on any tree or structure;
    3. post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence;
    4. distribute any printed or visual matter or distribute, display or promote any advertising or promotional material or samples of goods or services;
    5. distribute, hawk, sell, offer or expose for sale any goods or services or solicit or collect subscriptions, donations, money or orders from persons present at the Event;
    6. misuse, deface, damage, remove from the Event or tamper with or attempt to misuse, deface, damage, remove from the Event or tamper with any building, seat, chair, table, table decoration, table setting, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring, or sign or excavate or cause to be excavated any part of the Event;
    7. block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, underpass, pontoon, bridge, passage, entry or exit;
    8. deposit litter, except in a receptacle provided for that purpose;
    9. throw or attempt to throw any stone, bottle or other projectile;
    10. disrupt, interrupt or behave in any manner that may disrupt or interrupt the Event, distract, hinder or interfere with a participant in an Event or interfere with the comfort of other persons at the Event;
    11. use offensive, indecent or obscene language or threatening or insulting words or otherwise behave in an offensive, threatening, abusive, riotous, indecent or insulting manner;
    12. urinate or defecate otherwise than into a receptacle specifically provided for that purpose by BHF;
    13. interfere with, obstruct or hinder BHF, or persons authorised by BHF, in the exercise of their powers, functions or duties;
    14. operate or use a loud hailer, public address system or other broadcast device;
    15. conduct public surveys or opinion polls without the written consent of BHF;
    16. conduct entertainment without a licence from BHF;
    17. smoke in a licensed venue; or
    18. BHF or persons authorised by BHF may, in their sole discretion, prevent you from entering an Event or evict you from an Event, if BHF or persons authorised by BHF reasonably believe that you are under the influence of alcohol or drugs. You agree that this paragraph does not obligate BHF to undertake any monitoring or compliance methods to ensure that persons present at the Event are not intoxicated, and BHF will not be responsible for the conduct of intoxicated persons who are present at the Event, or persons who became intoxicated at the Event, and any damage or injury caused by such persons. This paragraph does not seek to exclude any legal responsibilities that BHF or persons authorised by BHF may have in relation to the responsible service of alcohol at the Event.
  1. You agree not to hold yourself out or otherwise promote yourself or any good or service as being associated with an Event or BHF.
  2. Unless authorised by BHF in writing, you must not bring into or use within the Event any photographic or video cameras or equipment that BHF, in its absolute discretion, deems unacceptable for the purpose of paragraph below, which may include (without limitation) camera tripods, monopods or professional photographic or video cameras or equipment.
  3. Unless authorised by BHF in writing, you must not take or make any video recordings, films, still pictures, photographs or any other images within the Event nor use, publish or distribute any images, for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person taking or making the images. On request by BHF you must assign to BHF in writing on a royalty free basis all intellectual property in the images and irrevocably consent to BHF (and any other person authorised by BHF) doing anything which, but for the consent, would or might infringe moral rights in the images.
  4. Unless authorised by BHF in writing you must not, while present at the Event, make, record or distribute any broadcasts, telecasts, commentary, interviews, news reports or statistics (by any means in any format or media including any such commentary made by mobile phone or other wireless communications device) pertaining to the Event.
  5. You agree and acknowledge that, to the extent permitted by law, BHF will not be liable for any loss or damage suffered by you or caused by any acts or omissions of BHF or employees, agents or contractors of BHF, or any other persons present at the Event. Nothing in this paragraph or these conditions affects any liability that BHF may have for any:
    1. breach by BHF of any express term of these conditions;
    2. breach by BHF of any term implied into these conditions under the general law; or
    3. tort committed by BHF.  Any liability of BHF to you under these conditions or otherwise will not extend to loss of chance, profits, revenue, income, dividends or winnings or indirect or consequential loss.
  1. You indemnify BHF against liability for or in respect of any claims, demands, actions, suits or proceedings, costs, expenses, loss, damage, injury or death of any person arising out of or in connection with any of your acts or omissions while at the Event.
  2. Nothing in these conditions of entry affects your rights under the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 (QLD) or similar legislation regarding implied conditions or warranties.
  1. You acknowledge that BHF and third parties authorised by BHF may make or record film, photographs or other forms of moving picture, still picture or any of them of an Event (including, without limitation, of persons attending or viewing the Event). Unless you otherwise reach an agreement with BHF, you hereby grant BHF and third parties authorised by BHF permission to use photographs, film, tape, or other images or likenesses of yourself, in any media (including publication within and outside Queensland, Australia) and for any purpose (including promotional purposes) without identification or compensation or payment of any kind.
  2. BHF may collect personal information about you to the extent necessary for it to operate an Event and to help promote the Festival. In particular, BHF may collect your name, postal address, email address and phone number for the purpose of coordinating ticketing, seating and/or viewing arrangements at an Event and of conducting research, marketing and promotional activities in relation to the Festival.
  3. BHF may disclose the personal information held by BHF to contractors and service providers engaged by BHF to help the administration process, provide its services and conduct research, marketing and promotional activities on behalf of BHF.
  4. In order to enhance security and protect the safety of persons present at an Event, the BHF (and contractors engaged by BHF) may operate surveillance equipment within the Event, including security cameras. By entering an Event you consent to information about yourself (including images) being recorded by such surveillance equipment and to the BHF disclosing the information recorded to anyone (including without limitation law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that BHF deems such disclosure to be necessary so as to protect BHF’s lawful interests, the public interest or the safety of persons or property present at the Event.
  5. Patrons have certain rights to access their personal information held by BHF and can request access by contacting the BHF office at PO Box 45, Babinda QLD 4861 or by email info@babindaharvestfest.org.
  6. You may access these conditions (and other conditions pertaining to an Event) at babindaharvestfest.org or by contacting the BHF office as per paragraph 35.
  7. You acknowledge and agree that any part of these conditions which contravenes the law of the relevant jurisdiction will not be enforceable, however such conditions (or part or parts thereof) are severable and do not invalidate the remaining conditions.
  8. Complaints and concerns are to be put in writing to the Babinda Harvest Festival Committee via contacting the BHF office as per paragraph 35.  Complaints or concerns at the festival can be addressed with Security who will then consult with a member of the BHF management committee.