Terms & Conditions
ENCOUNTER YOUTH – Schoolies Festival™ Terms and Conditions
1. The following Terms and Conditions apply to all patrons purchasing a ticket to or entering the Schoolies Festival™ (Festival).
2. In these Terms and Conditions:
a. “EY’’ means Encounter Youth and its staff, officers, approved agents, media agents, volunteers, security, contractors and/or sponsors;
b. ‘Festival’ means the Schoolies Festival™ event hosted by Encounter Youth Incorporated located at Victor Harbor, South Australia, between 19 November 2021 and 21 November 2021 (inclusive);
c. ‘Partner Accommodation Provider’ is an accommodation provider who has partnered with Encounter Youth to deliver Festival and accommodation packages to be sold by EY;
d. ‘patron’ is defined as a person who purchases a ticket to the Festival, permits another person to purchase a ticket to the Festival on their behalf, and/or enters the Festival.
3. Patrons who do not comply with these Terms and Conditions will not be permitted entry to the Festival.
4. Patrons who have been admitted but fail to comply with these Terms and Conditions may be removed from the Festival without refund of any entry fee(s).
5. EY, its staff, volunteers, agents, security and contractors have an absolute right to enforce these Terms and Conditions.
Conditions of Entry
6. Patrons must provide photo ID in the form of either a current (2021) secondary school student card/ID, a current driver’s license, or a state issued proof of age card, with the authentic Festival ticket to retrieve a Festival Wristband at the Festival Ticket Booth (Victor Harbor) or at the appropriate Partner Accommodation Provider.
7. If a patron cannot provide sufficient photo ID they will be refused entry.
8. The purchase of the Festival Wristband does not guarantee the patron entrance into the Festival. The Festival venues have a limited capacity.
9. The Festival Wristband is either valid for the 3 nights of the Festival (19-21 November 2021, inclusive) or one night of the Festival (depending on the ticket purchased by the patron).
10. The Festival Wristband is the sole responsibility of the patron. If a Festival Wristband has been cut, removed, stretched, or tampered with, it will be deemed invalid and no replacement will be issued for any reason.
11. Lost or stolen wristbands will not be replaced or reissued.
12. If a Festival Wristband is damaged but still attached to a patron’s wrist, a replacement band may be issued at the Festival Ticket Booth. Issuing a replacement band is at the sole discretion of EY.
13. Proof of identity, age and secondary student status must be produced by the patron for EY staff and security on demand.
14. Patrons are required to take reasonable steps to prevent and control infection from COVID-19. This includes but is not limited to:
a. If you and/or the members of your group are unwell, or have experienced cold or flu-like symptoms within the last 14 days, and/or you or any members of your group have been in contact with someone with Coronavirus (COVID-19) and/or have returned from interstate or overseas and have been advised to isolate, you must not attend the Festival or a Partner Accommodation Provider until you are well again and/or have been released from isolation and cleared by Coronavirus (COVID-19) testing.
b. If you are attending the Festival as part of a group, as the primary ticket purchaser, you are responsible for knowing the contact details of all attendees in your group. In the event you are contacted directly by the Government, including SA Health for the purpose of contact tracing, you must: a) make the contact details of you and your group available and b) contact each member of your group, and request that they provide their contact details directly to the relevant health authorities.
c. EY has the right to evict patrons who are displaying Coronavirus (COVID-19) symptoms. If an eviction from the Festival occurs, the ticket holder and/or accompanying group will not be entitled to a refund or exchange.
Refusal of Entry and/or Removal
15. EY may refuse entry to or remove any person from the Festival if that person:-
a. possesses or appears to be affected by a prohibited drug; or
b. displays signs of alcohol intoxication; or
c. is disruptive, disorderly or offensive; or
d. engages in dangerous behaviour including but not limited to crowd surfing, stage diving, moshing or violent dancing; or
e. possesses any item that has the potential to cause injury or nuisance; or
f. fails to comply with government-mandated Coronavirus (COVID-19) requirements or Coronavirus (COVID-19) management plan requirements; or
g. fails to comply with these Terms and Conditions; or
h. fails to comply with any other reasonable instruction from EY.
16. If any patron is refused entry or is removed from the Festival due to any of the above, EY has the right to confiscate that patron’s Festival Wristband indefinitely. If the Festival Wristband includes accommodation at a Partner Accommodation Provider, that Partner Accommodation Provider reserves the right to replace wristband with an accommodation only wristband at their discretion.
17. There will be no refund of any unused portion of the Festival if a patron is refused entry to or removed from the Festival.
18. Patrons enter the Festival at their own risk.
19. Each patron waives, releases and discharges EY, involved in organising or conducting the Festival from all claims or causes of action the patron may have (including for negligence) arising from any injury, loss or damage of any kind suffered including personal injury, illness or death and/or loss or damage to any property (to the extent permitted by law) arising either directly or indirectly out of attendance at, or participation in, the Festival.
20. Each patron indemnifies and will keep indemnified EY against all costs, losses or damages arising from or in relation to the patron’s attendance at, or participation in, the Festival.
21. To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on EY are excluded under these Terms and Conditions. If a supply under these Terms and Conditions is a supply of goods or services to a consumer within the meaning of the Australian Consumer Law, nothing contained in these Terms and Conditions excludes, restricts or modifies the application of any provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law, provided that, to the extent that the Australian Consumer Law permits EY to limit its liability then EY’s liability shall be limited to:
a. in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
b. in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.
22. Each patron acknowledges and agrees that:
a. he or she may be photographed, videotaped or otherwise recorded by EY in connection with the Festival to produce photographic images, film recordings, sound recordings and other material incorporating a patron’s appearance, likeness, voice, quotations, comments and name (Images);
b. EY may use, reproduce, publish, broadcast, distribute, commercialise, adapt, modify, edit, sell, exhibit, store, dispose of, deal with or otherwise exploit in any media such comments or Images (or any part of the Images) (Materials) for the purpose of EY’s future promotional and marketing purposes throughout the world (including without limitation, on the internet, such as EY’s website) without further reference or compensation to them;
c. he or she consents to the Images being taken by or on behalf of EY and understands that the patron may be identifiable in the Materials
d. he or she waives all rights (if any) to inspect or approve the Materials or their use by EY in exercising the rights granted under this paragraph or control the use or disclosure of the Materials; and
23. Patrons irrevocably consent to EY, at any time, inspecting their bags, clothes or possessions. Any prohibited items will be confiscated by EY and may not be returned to the patron.
24. Prohibited items include, but are not limited to, the following:-
a. Alcohol or cigarettes (including hipflasks, unsealed drinks, lighters)
b. steel cap boots;
c. illegal substances;
d. flares, fireworks or sparklers;
e. offensive and dangerous weapons;
f. animals (excluding service dogs such as guide dogs or emergency service dogs);
g. commercial-grade filming/photography equipment;
h. all backpacks.
25. EY may not be held responsible for any confiscated items.
26. Any vomiting which in the opinion of EY is caused by alcohol or other drug intoxication will be reported to staff and the patron may be required to pay a cleaning fee/charge.
27. No food or drink is permitted in the seating areas of the buses. Any alcohol located in the seating areas of the coaches will be confiscated by EY and will not be returned to the patron.
28. Each patron authorizes EY to obtain medical attention of any type for the patron at his or her cost if an incident occurs and the patron is unwilling or unable to procure treatment.
29. EY reserves the right to abandon, cancel or reschedule the Festival. If the Festival is cancelled, rescheduled or significantly relocated (and you cannot or do not wish to attend the rescheduled or relocated Festival), EY will retain $49 of the Festival ticket price as an Administration fee or to the extent otherwise required by law (including the Australian Consumer Law). Patrons must apply for a refund within 30-days of the Festival cancellation, reschedule or abandonment announcement. If patrons make contact within the 30-day period, but do not take reasonable action to receive their refund in the following 30-day period, they will forfeit their right to receive a refund. EY does not offer refunds as a result of a change in a patron’s personal circumstances.
30. To the extent permitted by law, Festival tickets are not refundable. Under these terms and conditions, EY is not required to provide a refund or remedy if:
a. A ticket holder is well and does not wish to attend the Festival due to fears of exposure to Coronavirus (COVID-19); or
b. A ticket holder is unwell and does not attend the Festival (other than due to Coronavirus (COVID-19) illness or symptoms); or
c. A ticket holder is from a group at a higher risk of Coronavirus (COVID-19); or
d. A ticket holder is denied entry into the Festival or removed from the Festival for reasons which were disclosed to the ticket holder in these terms and conditions. For example, these reasons may include (but not be limited to) non-compliance with mandatory mask wearing or unwillingness to provide personal contact information when requested; or
e. The ticket holder attends the Festival and subsequently leaves or is removed partway through due to feeling unwell.
31. If any provision of these Terms and Conditions is invalid or unenforceable, those provisions can be severed and such severance will not affect or invalidate the other provisions.
32. These Terms and Conditions are governed by the laws of South Australia. By participating in the Festival, each patron submits to the exclusive jurisdiction of the Courts of South Australia.
33. EY reserve the right to vary these conditions at any stage. Should you require an up-to-date version of the Terms and Conditions, please contact EY on (08) 8179 0300 or firstname.lastname@example.org.
Updated February 2021