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Terms & Conditions

Terms & Conditions

The terms and conditions set out below (Terms and Conditions) constitute a binding contract between The Palace Motel.  (ABN 21 662 453 527) Level 4/15 Ogilvie Rd, Mount Pleasant WA 6153 (together the Promoter) and the person holding or using a ticket to the event THE PALACE MOTEL (Event) irrespective of whether the ticket was purchased by the person holding or using the ticket and applies to any subsequent holders or recipients of the ticket (you or your).

Terms and Conditions are binding

Tickets to the Event (Event Tickets) are sold or given and admission to the Event is granted on the express condition that you agree to be bound by these Terms and Conditions, the Privacy Policy available on www.thepalacemotel.com.au/privacy (Privacy Policy) and any other rules and regulations issued by the Promoter available on wwwthepalacemotel.com.au applicable to the Event, displayed at the Event, communicated by the Promoter from time to time in any other format in connection with the Event, the terms and conditions of any ticket merchant through which tickets to the Event are sold or distributed and any terms and conditions imposed by the Venue (Event Terms).

Compliance with Laws and Directions

You must follow all reasonable directions of the Promoter and any of its employees, personnel, agents, contractors and sub-contractors (Event Staff), including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event Site, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws and regulations and complying with total fire ban requirements).

 

The Promoter may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of the Promoter in connection with the Event.

In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Promoter, security staff and emergency services personnel.

Refusal of entry or eviction from Event

You must be aged 18 years or over to attend the Event. You must provide current photographic identification documents being either an Australian driver’s licence, an Australian learner’s permit, a foreign driver’s licence (in English), a West Australian Photo Identification Card or an Australian or foreign passport to the satisfaction of the Promoter and/or Event Staff to verify that you are aged 18 years or over and may be required to provide photographic identification documents at various times during the Event.

 

The Promoter reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Event Site that: fails to comply with the Event Terms; is under the age of 18; is unable to provide valid and current photographic identification that is sufficient, in the Promoter’s absolute discretion, to prove that the person is aged 18 or over; engages in any illegal activity or behaviour or any activity or behaviour deemed in the Promoter’s absolute discretion to be unsafe, disorderly or antisocial, including, but not limited to being intoxicated or affected by alcohol or drugs; crowd surfing, moshing or stage diving; entering non-public or designated no access areas of the Event Site or areas of the Event Site to which your Event Ticket does not permit access; climbing the staging, rigging or other structures at the Event Site; causing damage to property or goods at the Event Site; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner or for any other reason in the Promoter’s absolute discretion.

Event Tickets

Entry to the Event Site will be granted upon presentation of a bar-coded Event Ticket. Your Event Ticket must be presented upon arriving at the Event Site where it will be exchanged for a wristband. The wristband must be worn at all times while you are at the Event Site.

 

Event Tickets and wristbands must be treated like cash. Event Tickets or wristbands that are lost, stolen, destroyed or damaged will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Wristbands that have been removed, tampered with, damaged or defaced will be rendered invalid and will not be replaced. Any person found without a wristband may be evicted from the Event Site by the Promoter or Event Staff.

 

You are responsible for checking all Event information and ensuring you have purchased the correct Event Ticket for the Event.

 

Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event Site, Event Staff will check to ensure the name on your photographic identification documents matches the name on, or registered to, your Event Ticket. If the name on, or registered to, your Event Ticket does not match the name on your photographic identification documents, your Event Ticket will be invalid and you will be refused entry to the Event. The name on your Event Ticket, or the name to which your Event Ticket is registered, may be changed by contacting the Promoter’s ticket resale merchant Tixel via www.tixel.com.au subject to payment by you of any applicable fees charged by the ticket resale merchant.

 

Any complimentary Event Tickets provided by the Promoter may not, without the prior written consent of the Promoter, be sold, transferred or used by anyone other than the person whose name is on the Event Ticket or to which the Event Ticket is registered.

Ticket Restrictions

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 but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket is sold or offered for re-sale or used in breach of this condition, the Event Ticket may be cancelled without a refund and the holder of the Event Ticket may be refused admission to or evicted from the Event.

 

The Promoter reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person and may cancel any Event Tickets obtained above such limit by any one person.

Search on entry to Event Site

It is a condition of entry to the Event Site that a search of you and/or your possessions be conducted at the time of entry to the Event Site and at other times if requested by the Promoter or Event Staff. This may include, but is not limited to, bag checks, vehicle searches, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Event Site, or evicted from the Event Site.

Prohibited Items

The Promoter and Event Staff may confiscate any Prohibited Items or any other items which the Promoter, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed and proceeds from confiscated items (if any) will be donated to a charity or charities of the Promoter’s choice.

 

The following items are prohibited and must not be brought into the Event Site:

 

  • Illicit drugs and illegal substances

  • Alcohol – Multiple bars will be situated throughout the event site.

  • Weapons or explosives of any kind including potential missiles

  • Flares, fireworks, sparklers, explosives or any fire twirling equipment.

  • Fires and open flames, flammable liquids.

  • Lasers or laser pointers

  • Animals or pets (excluding service dogs such as guide dogs and police or emergency service dogs).

  • Professional recording or broadcast devices

  • 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).

  • Drones or other remote controlled devices

  • Air horns, instruments or large sound systems. Small UE Booms / Portable systems are ok for the campsite.

  • Unauthorised solicitation materials including handbills, flyers, stickers, beach balls, give-aways, samples, or other promotional items.

  • Protest paraphernalia and banners

  • Any item that you intend (or such quantities of the item from which management can reasonably infer that you intend) to distribute, hawk, sell, offer, expose for sale or display for marketing or promotional purposes.

  • Any dangerous goods

  • Any other items as determined by Security or Management that may cause injury or public nuisance.

  • Any prohibited items found will be confiscated. Alcohol will be disposed of, illegal substances, weapons or items considered dangerous or offensive will be handed over to the police.

Photographing and/or recording of the Event

Personal digital cameras are permitted at the Event. Single-lens reflex (SLR) and digital single-lens reflex (DSLR) cameras are permitted at the Event Site, but professional photography equipment (including, but not limited to telephoto lenses, any lens over 20cm or any detachable lens) is not permitted at the Event without media accreditation issued by the Promoter. The Promoter shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment. Photos of artists, musicians and/or the Event are permitted only on the basis that:

 

Images are only used for private and personal use; and

 

Images cannot be made available for sale and/or public display

 

Recording or filming the Event is strictly prohibited. The Promoter reserves the right to confiscate and/or delete any footage, recordings and/or photographs created by unauthorised or prohibited recording, filming or photography.

Recording and Photographing of the Event by Promoter

 

You consent to be included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of the Promoter (Materials). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to the Promoter any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for the Promoter to hold and exploit in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of the Promoter or third parties), free from any claims whatsoever from you. You waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to the Promoter, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.

Restricted Capacity Areas

 

You acknowledge that the Promoter may set restrictions on the number of people that can attend certain areas of the Event Site, such as within buildings or structures, within enclosed areas or at stages (Restricted Capacity Areas). Once the maximum capacity, as determined by the Promoter, at any Restricted Capacity Area has been reached, the Promoter or Event Staff may prevent further admissions to the Restricted Capacity Areas. Your purchase of an Event Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached.

Alcohol

 

The Event is fully licensed. You must not bring alcohol into the Event Site. Only alcohol purchased from bars at the Event may be consumed at the Event Site. You must be aged 18 years or over to purchase and/or consume alcohol on the Event Site and you must provide current photographic identification documents, being either an Australian driver’s licence, an Australian learner’s permit, a foreign driver’s licence (in English), a WA Photo Identification Card or an Australian or foreign passport to the satisfaction of the Promoter or Event Staff to verify that you are aged 18 years or over in order to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Event Site and the Promoter may report your conduct to the police.

Food and Drinks

The event site is fully licenced premises. No alcohol or glass is to be brought into the event site.

Drugs and illegal substances

 

If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Promoter or Event Staff, you shall be evicted from the Event Site and the Promoter may notify the Police.

Signage

 

You are not permitted to display any trading signs at the Event Site without prior written consent of Promoter.

Clothing, footwear and ear plugs

Appropriate clothing and footwear must be worn at all times at the Event Site. Due to the noise levels at the Event Site, you should wear ear plugs at all appropriate times during the Event.

Movement around the Event Site

You must take reasonable care when moving around, or traversing, the Event Site. You must move (whether on foot or in a vehicle) in an orderly fashion, in accordance with the directions of the Promoter and Event Staff, and you must not do anything that may hinder, or prevent, the safe passage of other patrons or Event Staff at the Event Site or the surrounding areas (including entering and exiting the Event Site). Where maps of the Event Site are made available by the Promoter, you should familiarise yourself with the layout of the Event Site, including the location of any emergency exits, to assist with moving around the Event Site safely in the event of an emergency.

Injury or illness

In the event of injury or illness the Promoter or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or desirable (in the opinion of the Promoter or Event Staff) for your health or safety or for the health and safety of other persons at the Event.

Environment and facilities

Please be respectful of the environment and place any litter in the recycle or other bins provided around the Event Site. When you need to use the toilet, you must only use the public toilet facilities provided at the Event Site. You must not damage, improperly use or tamper with any public facility or infrastructure at the Event Site, or intentionally or recklessly cause any damage or interference to plants or animals at the Event Site or in the area surrounding the Event Site.

Your belongings

You enter the Event Site at your own risk and shall be responsible for the safety and security of all your belongings brought into the Event Site. The Promoter accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event

Event Site access

There shall be no entry into the Event Site prior to 5:00pm December 31st, 2022 local time or 12:00pm January 1st, 2023.

Weather conditions

The Event is an all weather event and will take place rain, hail or shine (unless the Promoter determines otherwise in its absolute discretion). You should be prepared for all weather conditions. The geographical area in which the Event is situated may be subject to extremes of temperatures.

Leaving the Event Site

At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. The Promoter will not be responsible for any of your property left at the Event Site and the Promoter may discard, sell or donate to charity any property left at the Event Site following the conclusion of the Event.

Refund and Cancellation Policy

The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line-up, vary the advertised program, the date, the entry and exit times, the amenities, the facilities, the attractions, the entertainment, the Event Site and/or the VIP Areas for the Event at its discretion without prior notification.

 

The Promoter may deny admission to the Event Site and/or VIP Areas (including admission to a particular performance at the Event Site) in accordance with the Event Terms or otherwise in its absolute discretion.

 

Except where required by law or in accordance with Live Performance Australia’s Ticketing Code Of Practice, there will be no refund of any Event Tickets or for any unused portion of an Event Ticket. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or evicted from the Event Site or VIP Areas by the Promoter or Event Staff in accordance with the Event Terms, if you fail to attend the Event, if you arrive after the commencement of the Event, if you leave the Event Site prior to the conclusion of the Event, or if you purchase the incorrect type of Event Ticket.

 

If the Event is cancelled (in whole or in part) by the Promoter as a result of any act of God; extreme weather; bushfires; war; council or governmental rulings or decisions; actions or decisions of the police or other authorities; cancellation by the Venue owner, lessee or controller; or for any reason outside of the Promoter’s reasonable control, refunds shall be in the Promoter’s sole and absolute discretion.

Release

To the extent permitted by law (including the Australian Consumer Law), the Released Parties will not be liable or responsible for any loss, damage, injury, delays, additional expenses or inconvenience suffered or incurred by you or any person in or entering or exiting the Event Site, participating in the Event or otherwise in connection with the Event whether caused by the negligence of Promoter or any of the Released Parties and whether arising in tort, contract, bailment or otherwise. Where liability cannot be excluded or modified by law, including pursuant to the Australian Consumer Law, the liability of the Released Parties is limited to the minimum permitted by law.

Voluntary Assumption of Risk

Entry to the Event Site is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury and damage to you and your property. By attending the Event and entering the Event Site, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Event.

Your Personal Information

Your personal information will be collected and handled in accordance with the Privacy Policy.

Variations to Event Terms

These Terms and Conditions and/or any of the Event Terms may varied at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.

Novation or Assignment

The Promoter may novate or assign its rights and/or obligations under these Terms and Conditions. Where the assignee or novatee assumes the rights and/or obligations of the Promoter under these Terms and Conditions, the Promoter shall be released from all such rights or obligations.

Severability

If any provision or part of a provision of these Terms and Conditions is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of voidability, invalidity or unenforceability, but the remainder of that provision will remain in full force and effect.

Governing law

These Terms and Conditions shall be governed by and construed in accordance with the laws of Western Australia and the parties irrevocably and unconditionally submit to the jurisdiction of the courts there.

Conditions of Ticket Purchase & Entry to the Event

The Palace Motel (the “Event”) is presented by Pink Flamingo Motel Pty Ltd (ABN 21 662 453 527) (the “Promoter”). These conditions apply to all tickets issued by the Promoter, the authorised ticket seller Megatix, and any other reseller of authorised tickets to the Event, including complimentary tickets and door list attendees. Authorised tickets will gain the holder access to the venue at which the event is held (the “Venue”), and by doing so the ticketholder agrees to these conditions, conditions imposed by the Venue and conditions imposed by the ticketing provider, Megatix. All conditions are to be read in conjunction with other statements and directives made by the

Promoter.

Age Restrictions

At the Event all attendees will be asked to present a legal and approved form of photo identification, after which you will be provided with a tamperproof 18+ wristband . The only acceptable forms of identification are a current Australian driver’s license (international driver’s licenses won’t be

accepted), state approved ‘Proof of Age’ card or a valid Passport.

Identification

At the point of entry, you are required to present your ticket and matching legal form of identification such as a current Australian driver’s license, “Proof of Age” card or valid Passport. If you are unable to print your ticket(s), you can present the electronic version of the ticket which can be scanned on your mobile or tablet device, or displayed on iPhones using the Passbook

application. The name on your ticket must match the name on your photographic identification. A wristband will be fitted to all approved ticket holders at the event entry, and this wristband remains the property of the Promoter at all times. Any wristbands removed or tampered with will be deemed invalid. Any patron inside the Venue and not displaying a wristband will be deemed trespassing

and removed from the Venue. If lost or misplaced, tickets will not be reissued, and hence should be treated like cash.

Drugs & Alcohol Warning

The Palace Motel holds patron safety in the highest regard, and has a strict no tolerance approach to drugs and other illicit substances at or near the Event or Venue. We cannot express highly enough how dangerous drug use is, so please don’t take the risk at this Event, or ever. Police and trained sniffer dogs may be present at the events, and any patron found in position of illicit

substances will be reported to the police. Alcohol is available for purchase and your enjoyment at the Event, however we ask you to be aware of your limits and consume responsibly. Don’t drink and drive.

Intoxication

A patron deemed by event staff to be intoxicated will be ejected from the Event and Venue, and/or refused entry to the Event and Venue. Alcohol must not be brought in to or removed from the Venue under any circumstances.

Safety

Whilst at the event your safety and the safety of others is our primary concern, so please stay hydrated, protected from the sun and consume alcohol responsibly. We engage qualified first aid officers who are there to help in a medical situation or emergency, and by attending the Event you consent to the qualified first aid providers accessing medical information and treating

you as required.

Bag & Personal Search

A condition of entry to the Event is that all bags will be searched at security checkpoints prior to entry. If deemed appropriate we reserve the right to conduct a physical search of persons, their clothing and/or other possessions. Prohibited items as outlined below may be confiscated at the Event entry.

Prohibited Items

The following items are strictly prohibited from entering the Event and Venue;

  • Drugs and other illicit substances.

  • Alcohol.

  • Food and beverages of any kind, excluding those required for medical reasons.

  • Glass, including bottles.

  • Animals, unless required for visual assistance or by police.

  • Firearms, knives, or any other object that could be classified as a weapon.

  • Sporting equipment.

  • Chairs, umbrellas or any other temporary shelter.

  • Unauthorised promotional material.

  • Unauthorised photography and filming equipment.

  • Unauthorised political, religious or offensive items, including clothing.

  • Glow sticks, flares and fireworks.

  • Clothing, jewellery or any other accessory associated with outlawed criminal

  • gang.

Prohibited items will be confiscated by the Promoter, and reported to police

if unlawful. The Promoter takes no responsibility for the safekeeping of

confiscated items.

No Pass Outs

There is a strict ‘No Pass Out’ policy at the Event, unless in the case of an emergency whereby security and event staff will assist.

Refunds & Reissues (Name Changes)

Name changes are not required – your ID will not be checked against the name on the ticket.

Scalping

It is a condition of sale that tickets may not be offered for unauthorised resale, on 3rd party websites such as Ebay or Gumtree. Tickets may not be resold or offered for resale at a premium (including online auction sites) or used for advertising, promotion or other commercial purposes. If a ticket is used in breach of these conditions, it may be cancelled without refund and the bearer of the ticket may be refused admission.

Filming & Photography

Filming or photography by unauthorised personnel is strictly prohibited and doing so will result in the unauthorised person being evicted from the event. The use of smart phone or small handheld cameras is permissible and encouraged. By entering the Event you agree and consent to filming and photography by approved personnel, the content of which may later be used commercially for adverting, marketing or promotional purposes in Australia and abroad.

Stage Diving, Climbing & Moshing

Stage diving, moshing, climbing and crowd surfing is dangerous and strictly prohibited. Any patron in breach of these conditions will likely be ejected from the event.

Accessibility

Dedicated entry lanes and toilets will be available for those in need, please contact the Promoters for more information.

Associated Risk

Entry to the Event and Venue is at your own risk, and by entering you acknowledge that there may be certain risks by attending the Event, including but not limited to, large crowds, amusement rides and loud music. The Promoter will not be responsible with any loss or injury associated with attendance to the event, unless in the case of negligence by the Promoter. The Promoter takes no responsibility for any loss or injury associated with amusement rides operated by a third party contractor at the Event.

Restricted Areas

Gaining access to back of house and other unauthorised areas is strictly prohibited, and doing so will result in eviction from the event. Access to these areas is restricted for safety reasons, including, but not limited to, machinery movements, storage of dangerous substances and trip hazards. Some areas within the venue have set capacities (i.e. Silent Disco), and purchase of your ticket to the Event does not guarantee entry to all of these areas if at capacity.

Code of Conduct

By entering the Event and Venue, you agree not do the following at the Event, or in and around the Venue. Cause damage to property, whether it property of the Promoter, Promoters contractor, Event, Venue or another patron attending the Event. Throw or attempt to throw any projectile, including but not limited to, steins, cans, bottles, coasters, furniture and prizes won at the event. Use indecent, obscene or offensive language, and/or threatening or violent behaviour towards any other person attending or working at the event. Smoke in a non-smoking area. Interfere or obstruct the Promoter or its staff and contractors whilst attempting to undertake their responsibilities, both in emergency and general operational situations. Breaches of this code of conduct will generally result in the patron being evicted from the Event.

Emergency & Evacuation

In the case of an emergency situation, the Promoter reserves the right to stop or pause the Event and evacuate the Event and Venue, either temporarily or permanently. For the safety of yourself and others at the event, please cooperate with and follow instructions of the Promoter, event staff and security.

Cancellation

In the event of extreme weather and/or another force majeure event, including but not limited to, an act of God, sabotage, terrorism, national emergency, natural disaster, fire, riot, government intervention, power shortage or equipment breakdown, the Event, or sections within the Event may need to be cancelled, terminated early, delayed or changed at the Promoters discretion. In such a situation, the Promoter makes no promises that your ticket to the Event will enable you to experience any particular advertised part of the event for any particular duration. In the case of a complete cancellation, the purchaser may be entitled to a complete refund (excluding credit card fees) at the Promoters discretion. If you are entitled to a refund you must cancel the ticketing reseller within 14

days of the cancelled event and proof of purchase will be required for authenticity.

Copyright

The name ‘The Palace Motel’, associated logo, artwork and other marketing material is the sole property of the Promoter and cannot be used by an external party without prior written consent from the Promoter.

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