Last updated: November 2018
FOMO FESTIVAL PTY LTD Pty Ltd trading as FOMO FESTIVAL (“FOMO FESTIVAL” or “we”, “us” and “our”) runs a variety of business activities, including live music events (“Events”). We sell tickets to Events, either directly or through third party ticketing agencies.
The terms and conditions for the purchase of tickets to Events are explained below (“Terms”).
By purchasing a ticket to an Event, you agree to be bound by the Terms.
We reserve the right to cancel any ticket purchased by any person who breaches these Terms.
Purpose of ticket purchase
You must only use tickets for personal use. You must not sell, promote or use the ticket for any commercial purpose (including as a competition prize) except with our express written consent, or where specifically permitted under relevant laws.
We do not guarantee any purchase that is not made through us or through our authorised ticketing agents. It is your responsibility to ensure that you are buying tickets from an authorised source.
Changes and cancellation
We reserve the right to change the lineup without prior notice. This includes adding additional artists, withdrawing announced artists, substituting support artists, or making other similar changes. You acknowledge that the nature of live music events is based around the changing circumstances of performing artists, and while we do not like to make changes to our program, sometimes they are necessary. You agree that in purchasing a ticket, there is a chance that some of the artists we have announced may not appear.
We reserve the right to make other changes to the Events, such as timetables, seating arrangements, staging set-up, audience capacity, venue, prices, times, age restrictions, food and beverage service arrangements and other things.
If we need to reschedule an Event, your ticket will remain valid (or we will issue you a new one). You may also choose to take a full refund of the ticket price if you cannot attend the rescheduled Event (a third party ticketing agent may withhold a transaction fee). However you will need to request the refund within the timeframe that we set out. You should contact the ticketing agent that you purchased it from for further information.
If we need to cancel an Event, you will be entitled to a full fund of the ticket price (a third party ticketing agent may withhold a transaction fee). As we set out above, the nature of live music events is based around many changing circumstances related to the performing artists, venues, ticket sales, weather conditions, commercial partners, sponsors, suppliers many other factors. Again, we do not like to make unexpected changes to our Events or to cancel them. However sometimes cancellation is necessary. You agree that in purchasing a ticket, there is a chance that for various reasons, the Event may not go ahead and it is your risk in deciding to make travel plans, book accommodation or incur other costs related to your attendance at the Event. We accept no liability for any consequences resulting from a cancelled, varied or postponed Event, except to refund you the full value of the ticket price.
If an Event is terminated early, that is not considered to be a cancellation.
Attending our Events
You will need your ticket with you to attend an Event. If you lose your ticket and present a damaged ticket, you may not be allowed into the Event. If we are able to replace your ticket, we may charge a fee for the replacement ticket, however there is no guarantee that a replacement will be able to be made.
You must also present valid identification if age restrictions are imposed for the relevant Event (or category of ticket). Age restrictions will be published at the time of purchase.
You must also comply with any specific terms imposed by us, the venue, vendors or other authorised third parties at an Event. To the extent of any inconsistency between these terms and any specific term publicised at an Event, the latter will prevail.
We may refuse entry if you are found to be in breach of any of these Terms.
Our standard terms of entry can be found here fomofestival.com.au/terms-of-use, which are incorporated into these Terms by reference, however these terms of entry are subject to any further conditions of entry that may be imposed on the day. As such, you agree to comply with all rules around photography, filming, security, safety, bag checks, behavioural policies, dress codes and any other matters we deem appropriate.
As is the case with most live music events, we typically photograph and film our Events. By purchasing a ticket, you agree that we or our authorised third parties, may photograph, film or record you. We, and our authorised third parties may broadcast, publish, license and use any photographs, likeness, video, recordings or other materials containing you without any further payment or restriction for any purpose and in any media. To the full extent permitted by law, you agree that you have no claim against us or any third party using this content.
Loss and Injury
To the extent permitted by the law you release us (including our directors, officers, employees, consultants, contractors, agents and volunteers) from any liability for any damage, loss, liability or injury you may suffer in relation to your attendance at an Event.
Your personal information
Variation to Terms
We reserve the right to vary these Terms after you have purchased a ticket. It is your responsibility to check these Terms before attending the Event, as some changes that we make may affect your attendance, and we will not be liable to you for any consequences you claim to have incurred as a result of these changes.
Except where stated otherwise, these Terms contain all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing.
Ticketing agencies may also impose their own terms of sale, which you should review.
We will not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control (or by any damage caused by any of such events).
If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms will not be affected.
These Terms will be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.
If you would like to contact us in relation to these Terms please contact us at:
Post: 24 Strickland Street, Rose Bay, NSW 2029
We may update these Terms from time to time. Amendments will be published on our web page at fomofestival.com.au.