Website Terms and Conditions

These terms and conditions govern your use of this website (Website), the use and sale of tickets, merchandise, and donations (Services). By using the Website or purchasing Services you acknowledge that you have read, understood and are bound by these terms and conditions (Agreement). If you do not understand the Agreement, or do not accept any part of it, then you may not use the Website or Services.

We”, “us” or “our” means the Blue Mountains Festival of Resilience.

The Festival of Resilience is a not-for-profit project developed in conjunction with Resilient Blue Mountains and the Blue Mountains City Council. Resilient Blue Mountains is an un-incorporated not-for-profit community organisation auspiced by the Mountains Community Resource Network. The Festival is being coordinated by a small working group of volunteers and a BMCC representative. You can contact us by email at [email protected]

You” means the person using the Website, event Organiser, or visitor seeking to attend or view an Event.

Organiser” means the organisation or sole trader organising and hosting an event listed in the Festival of Resilience event calendar.

Event” means an event, tour, workshop, or performance that is arranged by The Festival of Resilience, unless stated otherwise throughout this Agreement.

Intellectual Property Rights

The material on this Website is protected by copyright. You may use it for your personal and non-commercial purposes only. You must not otherwise use, copy, modify, transmit, store, publish or distribute this material without written permission from us and, if applicable, the respective rights holders.

You must not use any logos or other trademarks displayed on the Website, whether registered or not, or modify them in any way without written permission from us or the lawful owner.

Content & Service

While we aim to ensure all information on the Website is up-to-date, details may change from time to time.

You are not allowed to and agree not to circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Website or Services (or attempt to do any of these things).

We do not guarantee uninterrupted, fault-free or error-free service.

The Website may contain links to other websites, content or services. We do not guarantee that the links, or any content to which they link, will be functional, accurate, secure or up-to-date and you use any other website or content at your own risk.

Fees

As The Festival of Resilience, we neither deduct nor retain any fees. If a paid event is hosted by another event Organiser, some booking fees may be charged or deducted automatically by the Organiser’s event booking platform.

Refunds – Events

Many events promoted through the Festival of Resilience events calendar are free, however some are paid with payment occurring directly between the ticket purchaser and the event Organiser. The information below regarding fees and refunds relate to those events.

Because all financial transactions are between an event Organiser and its respective attendees, the Festival of Resilience asks that all Consumers contact the applicable Organiser of their event with any refund requests. We recommend that Organisers follow Live Performance Australia (LPA) Ticketing Code of Practice.

Latecomers may not be admitted. Venue and event staff hold the right to refuse entry to patrons who arrive at the venue after the start time of the event. In these circumstances, patrons are not entitled to a refund.

If an Event is cancelled, your ticket will be refunded.

In the event that you are entitled to a refund due to a major change (in accordance with LPA guidelines), the refund must be actioned prior to the time of the event. If you attend the event, or do not contact the Event Organiser prior to the Event, you are not entitled to a refund. No refunds will be issued at the time of, or after the event takes place.

Dissatisfaction of an Event does not entitle you to an exchange or refund, as per the Live Performance Australia (LPA) Ticketing Code of Practice.

Exchanges

Most events only run once, so exchanges are generally not possible. Because all transactions are between an event Organiser and its respective attendees, the Festival of Resilience asks that all Consumers contact the applicable Organiser of their event with any exchange requests.

Event Terms and Conditions

If an Event is cancelled, The Festival of Resilience assumes no obligation for arranging a substitute Event or performance.

The Festival of Resilience and the event organisers reserve the right to alter ticket prices, audience capacity or seating arrangements.

The venue’s management reserves the right to refuse admission.

No drugs, weapons, food, or lasers may be taken to an Event.

Some venues have no alcohol or non-smoking restrictions. Refer to conditions of entry at venue.

The Event organiser reserves the right to film, video, record, photograph, broadcast or telecast the event and you consent to the use of any image or recording taken of you, and anyone for whom you are responsible, while at an Event. We are not obliged to use, broadcast or provide to you any such recording.

The Festival of Resilience collects your personal information such as a mobile number and email address in case of an Event cancellation or change. If you do not supply sufficient and appropriate contact information The Festival of Resilience is not responsible for not contacting you.

The Festival of Resilience collects your personal information including mobile number and email address in case of a public health emergency. As compelled by law, we will provide this information to health authorities to support contact tracing efforts.

There are laws that govern the reselling of tickets. The Festival of Resilience tickets not sold in accordance with law may attract criminal penalties.

If you have bought a The Festival of Resilience ticket and can no longer attend the Event, you can pass on your ticket or sell it to a friend in accordance with reselling laws. You will be liable for all refunds in the event of a cancellation. If there’s a change to the Event you will be responsible for passing this information onto the ticket holder.

Tickets

Your order confirmation will be sent to you via the email you provided at the time of booking. Please read all information on your order confirmation carefully, as this will inform you how your Event Organiser will admit you.

Your order confirmation or Ticket can be presented at the venue on a smartphone or tablet. Alternatively, you can print your Ticket/s and present them for scanning to gain access to the event.  Please read all information on your order confirmation carefully.

Latecomers

Event Organisers reserve the right to deny entry to an Event if you arrive late. Latecomer policies are in place to prevent disruption for the Event Organisers and other audience members. Events will endeavour to commence at the advertised time, please ensure you are at the Event in advance of the start time.

Ratings or Content Warnings

The Festival of Resilience is an open access festival and does not see or curate any of the works prior to the festival. All Events are self-rated by the event Organisers associated with an Event. The Festival of Resilience does not take any responsibility for an incorrect rating, or unsuitability of an Event.

Unless an Event is categorised as a children’s event, event content may not be suitable for all ages. It is your responsibility to check the suitability of an event for any children for whom you are purchasing tickets. The venue which you are attending reserves the right to request proof of age identification before permitting entry into an Event, and may deny entry if the event is not deemed suitable for children.

Please note, some venues may have liquor licensing in place that does not allow under 18’s entrance past a certain time, even if accompanied by an adult. If unsure, you are advised to contact the venue.

The rating 18+ is strictly restricted to patrons 18 or older. This could be due to content of the Event or liquor licensing regulations at the venue. If you purchase a ticket that is for an 18+ performance and you are denied admittance, you will not be refunded the ticket price.

Dissatisfaction with the content or rating of an Event does not entitle the customer to a refund.

Every effort has been made to ensure the accuracy of the program and its details however event details, prices and ratings are subject to change wherever necessary and without notice.

Complaints and Questions?

Please send through your complaints or questions to [email protected]

Security & Privacy

You are responsible for the security of your username and password.

We do not guarantee that this Website or any third party website linked to this Website is free from viruses or other material that could affect your device. You should take your own precautions against these risks.

For more information visit our Privacy Policy here.

Cookies

Our website uses cookies. Cookies are small text files that are stored on your device. They are created when you visit a website, to help the website owner to manage how their site is used, including tracking users’ movements between pages or visits, keeping information voluntarily given by the user and matching a user’s historical preferences with content and advertising that may be of greater relevance to them, to make the user’s experience more personal.

Please refer to our full Privacy Policy linked above for more information about how we use cookies.

Disclaimers and Liability

Your access to and use of this Website and Services is at your own risk and we will not accept any liability in relation to it, other than liability that cannot be excluded under applicable laws.

Australian Consumer Law provides certain statutory guarantees for consumers which cannot be excluded. Nothing in these terms and conditions modifies or excludes those guarantees.

To the extent permitted by law, The Festival of Resilience will not be responsible or liable for any loss, damage or injury to the extent arising under or in connection with this Agreement or the Services, including from:

  • your access to and use of the Website or any related content or information;
  • your attendance at or viewing of any Event;
  • your purchase of tickets;
  • your negligent acts or omissions;
  • any pre-existing medical condition;
  • your breach of this Agreement; or

You should make your own further enquiries before deciding whether an Event is suitable.

You are responsible for your personal possessions such as bags, mobile phones and other items you carry with you to venues.

The Festival of Resilience does not promise that the Website, or any content, service or feature of the Website will be uninterrupted or error-free, or that any defects will be corrected. The Website and any content, service or feature are provided on an “as-is” basis and “available” basis without any warranty of any kind whether express or implied.

The Festival of Resilience reserves the right, without notice, to do any of the following at any time:

  • to modify, interrupt, suspend or terminate operation of or access to the Website, or any portion of the Website; and
  • to modify or change the Website, and any policies or terms.

Termination

The Festival of Resilience has the right to terminate your access to the Website or any or all of the Services at any time, without notice, for any reasons, including without limitation, breach of this Agreement.

Updates

These terms and conditions may be updated from time to time. Please refer to the website for the latest version of the terms and conditions.

Last updated: 7 August 2022

Contact Our Team

The Festival of Resilience