Conditions of Entry

1. Notice to All Patrons

1.1 These Conditions of Entry (Conditions) form part of the agreement between Mildura Tourism and Economic Development Pty Ltd (MRD) and any person who:

1. has a ticket to the Trail of Lights or FOSO (the Event);
2. has a right to attend the Event; and/orenters the location at which the Event is taking place (Venue).

1.2 Each such person (You) agrees to these Conditions and must ensure that any person under the age of 18 years of age (or otherwise incapable of giving consent) for whom You buy or provide a ticket or who accompanies You to the Event will also comply.

2. General Conditions of Entry

You agree as follows

2.1 not to bring into the Venue any

1. photographic, video or audio recording equipment for any purpose other than private non-commercial purposes, which includes, without limitation, video and/or audio recorders, camera tripods, monopods or lenses with a total focal length of greater than 200mm or any other commercial digital video equipment;
2. animal (other than a guide/aid dog for medical reasons as documented in a medical certificate provided by a trained medical specialist);
3. musical instruments or other similar device;
4. chair or stool;
5. alcohol, glass, cans, firearms, weapons, fireworks or any other items deemed to be or which may be considered to be dangerous, hazardous and/or illegal;
6. item prohibited by MRD, as published on MRD’s website

without the prior written consent of MRD.

2.2 while present in the Venue not to:

1. make any recording or take any photograph for any purpose other than private on-commercial purposes;
2. make any recording or take any photograph of any person without the authorisation of that person; or
3. sell, license or otherwise publish, disseminate or reproduce (or permit such), whether in whole or in part, any recordings taken or made inside the Venue (including, without limitation, photographs, video recordings, data recordings or sound recordings),

without the prior written consent of MRD.

2.3 while present in the Venue not to:

1. wear or otherwise display commercial, political, religious or offensive signage or logos of any kind;
2. engage in ambush marketing or any kind;
3. sell or distribute any goods or services or any other matter or thing;
4. collect money or orders from other patrons for goods or services or any other matter or thing;
5. inflate, or cause to inflate, any balloon, beach ball, receptacle, device or structure;
6. open any umbrella if it has the effect of obstructing the view of any other patron or attendee;
7. conduct public surveys or opinion polls, solicit money, donations or subscriptions from members of the public; or

without the prior written consent of MRD.

2.4 to abide by all lawful and reasonable directions and procedures of Venue personnel and security staff while at the Venue;

2.5 that entry to the Venue is only permitted to patrons who agree to be searched (including, without limitation, their bags, clothes or other possessions) on entry, and continued presence in the Venue is only permitted to patrons who agree to be searched (including, without limitation, their bags, clothes or other possessions) while in the Venue.  MRD reserves the right to inspect and search Your bags regardless of size.  This may include visually or physically inspecting the bag and/or seeking Your assistance to remove items from the bag.  It also reserves the right to conduct ‘pat down’, ‘wanding’ or other reasonably personal checks of You as You enter or exit the Venue;

2.6 that in connection with your presence in the Venue You consent to:

1. the recording of Your likeness and/or voice by any means (including but not limited to audio and visual recordings by television cameras and photographers) (together Images); and
2. the commercial exploitation, throughout the world, of the Images by any means by MRD and its respective commercial partners without compensation

on a perpetual, irrevocable and worldwide basis;

2.7 that You are required to take appropriate care for Your safety while present in the Venue including but not limited to sun protection, hydration and responsible consumption of alcohol;

2.8 that if You are deemed to be, or potentially be, affected by the consumption of alcohol or drugs while present in the Venue You may, at MRD’s discretion, be refused entry to, or ejected from, the Venue by an authorised official;

2.9 not to do any of the following in or around the Venue

1. post, stick, place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any other advertising material on any building structure, fence, tree, cordon or other thing without the prior written consent of MRD;
2. misuse, deface, damage, remove from the Venue or tamper with or attempt to misuse, deface, damage, remove from the Venue or tamper with any building, seat, chair, toilet, sink, table, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring, sign or other thing or excavate or cause to be excavated any part of the area used for any of the Events at the Venue;
3. deposit litter, except in a receptacle provided for that purpose;
4. throw or attempt to throw any stone, bottle, projectile or other object;
5. engage in any conduct, act towards or speak to any official, or other patron or attendee in a manner, or engage in any conduct, which threatens, offends, insults, humiliates, intimidates, disparages or vilifies that other person on any basis including, but not limited to, that other person’s race, religion, colour, descent or national or ethnic origin, special ability/disability or sexual orientation, preference or identity;
6. use indecent or obscene language or threatening or insulting words, or otherwise behave in a threatening, abusive, riotous, indecent
7. smoke or vape in areas within the Venue.

3. Assumption of Risk, Release & Indemnity

3.1 You acknowledge and agree that your attendance at the Event is not without risk and You accept and voluntarily assume all of the risks, including inherent and obvious risks, arising from Your attendance at the Venue.  Such risks include but are not limited to suffering injury (including serious injury) or property damage as a result of unfenced bodies of water, falling or slipping due to the surface being wet, damaged or having rubbish or other items lying on them and the triggering of pre-existing medical conditions by thematic and/or flashing lights and sounds.

3.2 You agree that Your attendance at the Event may cause You personal injury or property damage for which You may suffer injury, loss or damage (including economic loss) and You agree to release MRD for any liability (including liability in negligence) and for any injury, loss or damage that You may incur.

3.3 You agree that you are responsible for any injury, loss or damage You may cause to Yourself or others and that You agree to indemnify MRD and keep MRH indemnified against any claim or liability in respect of such loss, damage or injury.

3.4 MRD acknowledges that each release, indemnity and exclusion of liability in these Conditions is subject to, and operates only to the extent permitted by, any applicable Australian laws including under the Australian Consumer Law.