1. General

1. These terms & conditions (Terms) are issued by Berry Writers Incorporated (Festival) trading as Berry Writers Festival (ABN 63 903 506 341) and registered with the Australian Charities and Not-for-profits Commission (ACNC).  
2. These Terms apply to any event, function or activity organised by the Festival at any time (Event) including to the event known as the Berry Writers Festival 2024.
3. These terms apply to the entry or attendance of any person at an Event, no matter whether the Event is ticketed or non-ticketed, paid or unpaid.
4. The Festival may amend or vary these Terms at any time. Any amendment will take effect from the later of the time the amended term is placed on the website operated by the Festival (currently www.berrywritersfestival.com.au) (Website) or the date if any specified by the Festival.

2. Program changes

The Festival may amend the program or content of an Event at any time without notice.  This includes adding, withdrawing or substituting artists, performers or authors at an Event or varying advertised programs, performance times, venue, seating arrangements or audience capacity for an Event.  The Festival may but is not obliged to notify changes on the Website or at a place where an Event is to be held (Venue). The Festival will have no liability or responsibility if it fails to notify any changes or if any notice if gives is delayed or incomplete.

3. Ticket purchases

1. By purchasing or accepting a ticket to an Event (whether paid or unpaid)(Ticket) the purchaser or ticket holder (Attendee) acknowledges and agrees to comply with these Terms and with any other laws or regulations which apply to the Event.
2. Attendees acknowledge all prices quoted by the Festival are in Australian dollars and are GST free as the Festival is not registered for GST.   Attendees also acknowledge a transaction fee may apply to any to Ticket.
3. Attendees represent and warrant that they have authority to pay for a Ticket and either own or have express permission of the owner of the credit card or other payment facility used to purchase a Ticket.

4. Ticket refunds and transfers

1. Attendees acknowledge Tickets are transferable to third parties but no person can sell or transfer any Ticket at a value or price which is higher than the original price of that Ticket.
2. The Festival will not refund Tickets except in accordance with the Live Performance Australia Ticketing Code of Practice (“the Code of Practice”).
3. If an Event is unable to proceed on the advertised date or time or at the intended location due to one the following intervening circumstances:

1. an act of God or state of emergency (e.g. bushfires or floods);
2. public health emergency (e.g. pandemics);
3. travel warning (e.g. travel restrictions or advice to not travel); and/or
4. government directives (e.g. forced venue closures or mass gatherings restrictions)

the Festival may in its sole discretion reschedule or cancel the Event (and offer a credit note or exchange for the rescheduled date) or refund the Ticket price (less any transaction costs) in accordance with a refund system determined by the Festival in its discretion (including any time limit for requesting refunds).

5. Attendance

1. Each Attendee acknowledges they attend each Event and enter any Venue entirely at their own risk. To the maximum extent permissible at law, each Attendee releases the Festival, each of its officers and Committee members and its volunteers, employees, contractors and agents from any liability whatsoever arising from an Event or a Venue or any act or failure to act. 
2. In its discretion, the Festivalmay refuse admission of any person to an Event and remove any person from an Event for any reason.
3. Attendees may be required to present a valid Ticket or identification in a form required by the Festival for entry to an Event or Venue.
4. If an Attendee arrives late for an Event, the Festival may, in its discretion, refuse to admit that Attendee to that Event.
5. The Festival may take photographs or record video at an Event which may include images of  or performances by Attendees (Material). The Festival will own all Material and may use it for marketing and promotional purposes in its discretion or authorise others to do so.
6. No person may use use a camera, mobile phone or other recording device at an Event without the express prior written permission of the Festival.
7. No person may conduct or authorise any commercial activity at an Event nor distribute any written material or goods at an Event without the prior written permission of the Festival.
8. Attendees must supervise any child for whom they are responsible while at an Event. 
9. The Festival reserves the right to examine and search all bags (including handbags), parcels and packages at a Venue and to effect such other security measures as it considers are reasonably necessary.

6.  Intellectual property

All material used by or created for an Event or for use by the Festival (including any trademarks, logos, domain names, trading names, photographs, video and designs) will be owned exclusively by or licensed exclusively for use by the Festival.

7. Privacy

The Festival may collect, use and hold personal information about Attendees or any other person, including but not limited to name, address and email details and use it to:

1. process Ticket purchases
2. provide information about an Event
3. provide promotional material including newsletters and e-bulletins
4. conduct surveys
5. facilitate internal business processes.