The terms and conditions set out below shall constitute a binding contract between OpenRoads Group PTY LTD trading as OpenRoads Rally, ABN 32660507951, 32 Rennison Street Parkdale VIC 3195 (“OpenRoads Rally”) and the individual holding or using a ticket (“Ticket Holder”, “Patron”, “You”) in relation to the event known as OpenRoads Rally held in Myrtleford, Victoria, Dimboola, Victoria and Lithgow, New South Wales (collectively referred to as the “Event”).
All terms and conditions set out below (the “Event Terms”) are to be read together with the Supplementary Regulations as made available on www.tickets.openroadsrally.com
Before proceeding with your purchase, please read these Terms and Conditions carefully. You must not complete your purchase unless you agree with these Terms and Conditions.
1. Conditions of Entry
(a) Entry to and attendance at the Event is in accordance with these Event Terms, the Supplementary Regulations, the Website Terms and any other Event rules viewable at www.tickets.openroadsrally.com, displayed at the Event or communicated by OpenRoads Rally from time to time in any other format.
(b) Attendance at the event and the right of admission is reserved by OpenRoads Rally.
(c) By attending an event, You agree to OpenRoads Rally conditions of entry.
(d) You must have a valid Event ticket to enter the Event site.
(e) Tickets must be exchanged for a wristband once arriving at the Event site. Wristbands that are removed from wrists or tampered with will be rendered invalid and will not be replaced.
(f) You may be refused entry or required to leave the Venue or event for any valid reason, including:
(i) Where You cannot produce a ticket for the event.
(ii) Where You produce a ticket that has been handled or dealt with in a way that is contrary to these Terms and Conditions.
(iii) Where You produce a ticket that is identified by OpenRoads Rally as having been sold by an unauthorised seller.
(iv) Where You refuse to remain in the areas designated on arrival at the venue for camping or riding
(v) Where You have in your possession and/or refuse to surrender to the OpenRoads Rally any prohibited object or article including but not limited to dangerous items.
(vi) Where You engage in an illegal activity or activity deemed in OpenRoads Rally’s sole discretion to be antisocial (including without limitation, being affected by alcohol or drugs).
(vii) Where You behave in a manner which causes or may cause property damage or that threatens or may threaten the safety of staff and other people, including as a result of intoxication.
(viii) If, in the opinion of OpenRoads Rally, You behave or act in a threatening or inappropriate manner, including without limitation, any aggressive, riotous, abusive, offensive, racist, sexist or insulting actions towards other patrons, Event staff or any other persons working at or attending the Event.
(ix) Where You behave in a manner that unreasonably interferes with other people’s enjoyment of the event.
(x) Where You are riding a motorcycle without appropriate or required protective gear such as helmet, boots, gloves and pants.
(xi) Where You are unwell or intoxicated.
(xii) Where OpenRoads Rally considers that there may be a health and safety risk to yourself or to others in your attendance at the Venue or the event, including as a result of illness, personal hygiene, your support needs or other relevant factors. Where you have support needs to attend the Venue or the event, we encourage you to contact us in advance of the event, so we can discuss these with you.
(xiii) Where Your ticket appears to be tampered with, counterfeited or duplicated.
(xiv) If You are found on-site without a valid wristband or accreditation
(xv) Where you otherwise do not comply with these Event Terms, the Supplementary Regulations, the Event rules or fail to follow the reasonable directions of OpenRoads Rally staff.
(g) In these circumstances, Tickets will not be exchanged or refunded unless required by law (including the Australian Consumer Law).
(h) This event will run under any Government requirements and restrictions at the time of the event
2. Event Changes and Information
(a) OpenRoads Rally reserves the right to change the Event program and presenter line-up and vary the Event date or venue at its discretion without prior notification. OpenRoads Rally is not liable for any loss, injury, damage or compensation, as a result of the Event being cancelled, postponed, relocated or changed for whatever reason. If the Event is cancelled in whole or in part by act of God, extreme weather, act of war, industrial dispute or for any event outside of the control of OpenRoads Rally then refunds shall be at OpenRoads Rally’s absolute and sole discretion.
(b) The event organiser reserves the right to withdraw, reschedule or substitute activities, tracks, presenters and/or vary advertised prices, event times and inclusions without notice. The event organiser reserves the right of admission and to enforce the venue entry conditions set by the venue.
(c) No ticket refunds or compensation will be made in circumstances where the Event program varies due to the non-appearance of an advertised presenter or activity.
3. Pricing and Payment
(a) All prices are quoted in Australian dollars and are inclusive of GST.
(b) Tickets advertised at a particular price will be available at that price for a reasonable period of time and in reasonable quantities.
(c) Prices are subject to change without notice
(d) A booking fee may apply to each purchase and you will be notified of the applicable fee prior to purchase. This fee may vary depending on the payment method You select.
(e) You warrant that you have the authority to make payment for your purchase and that you own/hold or have express permission of the owner/holder of the credit card or other payment facility used to make the purchase.
(f) If the amount paid by you for your purchase is incorrect for any reason (including ticket price and fee amount where the error was due to an error in a price posted on OpenRoads Rally website or otherwise communicated to you or human error or technical malfunction), OpenRoads Rally may cancel the order or the purchase and refund you the amount paid. Where the purchase was a ticket, OpenRoads Rally may offer you a replacement ticket to you at the correct price.
(g) OpenRoads Rally reserves the right to enforce published ticket purchase limits and cancel any tickets obtained above said limits by any one customer.
4. Exchanges and Refunds – Ticketed Events
(a) Should the event be cancelled or rescheduled, OpenRoads Rally will contact the original ticket purchaser via the email address provided at time of sale
(b) Provided that you purchased your ticket through the OpenRoads Rally or from an authorised sales channel, you will be entitled to a refund (less a booking fee):
(i) For any reason, provided that:
1. You notify us more than 60 days before the advertised event date
2. The service is not operated by a third party (such as training)
3. In the case of services, the services have not already been performed.
(c) We reserve the right to offer an exchange (meaning that we will transfer your ticket to any Event of your choosing) where:
(i) The event is cancelled or rescheduled due to reasons beyond our control
(ii) The event is significantly relocated, and the nature of the experience and/or geographic location of the event is fundamentally altered by the relocation.
(iii) The event is cancelled due to unforeseen circumstances that arise during the event, leaving the event uncompleted. (Note however that if a substantial proportion of the event is completed then, depending on the circumstances, OpenRoads Rally may determine that an exchange is not warranted in which case an exchange right will not apply.
(d) You must apply for an exchange within ten (10) working days of the announcement of the change of event
(e) Exchanges are valid for 14 months, from the date they are supplied
(f) Exchanges are not redeemable for money, transferable or able to be sold
(g) You will not be entitled to a refund or exchange in the following circumstances
(i) Your ticket was free or complimentary
(ii) Change of mind or buyers remorse
(iii) You choose not to attend the event
(iv) You arrive late to an event and are refused entry on the grounds that latecomers will not be admitted
(v) You have been refused entry to or evicted from the event or Venue
(vi) The advertised ticket price is changed in response to varying levels of consumer demand.
(vii) Tickets are lost or stolen.
(viii) You apply for a refund less than 60 days prior to the event
(x) For any other reason including but not limited to personal injury, financial hardship, or changes in personal circumstances, which prevent you from attending the event.
(h) Refunds will be paid to the original ticket purchaser. Proof of identity and and/or proof of purchase (including the original ticket) may be requested.
(i) Refunds will be processed using the original method of payment.
(j) Refunds may not necessarily be available at the time the refund is requested.
(k) Refunds will be limited to the face value of the ticket plus any service charges applied to the specific ticket purchase.
(l) Unless required by law, OpenRoads Rally will not reimburse you for auxiliary expenses incurred in connection with your attendance or non-attendance at an event, including a cancelled, rescheduled or relocated event. Auxiliary expenses include, but are not limited to, the cost of travel, meals, car-parking, child-care and accommodation. You may wish to take out ticket and/or travel insurance for those expenses.
5. Ticket reissues
(a) The ability to reissue (change the name on your ticket) or offer your ticket for resale (sell your ticket onto an anonymous buyer) is available for a nominated fee of $25 per ticket, however these services are at the discretion of the event organiser and may be subject to change. Please contact email@example.com to reissue tickets.
(b) Ticket reissues will conclude prior to the door/gate opening time unless otherwise specified by the event organiser.
(c) Should tickets be available to be offered for resale these cannot be guaranteed to be resold.
(d) Use of tickets for or in conjunction with any advertising, promotion, marketing, exchange or competition is strictly prohibited.
6. Health and Safety
(a) Entry to the Event is at the Ticket Holder’s own risk. Without limiting the generality of the foregoing, appropriate footwear, clothing and riding equipment must be worn at all times at the Event.
(b) Riders are expected to have suitable safety gear, including helmets compliant with Australian Standards. Body armour, gloves, full-length boots, riding pants, knee protection (soft or hard) and jackets should be worn. OpenRoads Rally reserves the right to refuse entry to activities to participants who are not wearing suitable protective riding gear.
(c) OpenRoads Rally recommends that due to noise levels, ear plugs should be worn by Patrons whilst operating a motorcycle. To the extent permitted by law, OpenRoads Rally takes no responsibility for any hearing damage or loss caused by excessive noise or any injury caused by the Ticket Holder’s failure to follow OpenRoads Rally’s directions or Event rules.
(d) In the event of Patron injury or illness, OpenRoads Rally may at its discretion, and at the cost of the Patron, arrange medical treatment and/or emergency evacuation as deemed essential or necessary for the safety of the Patron (and/or other Patrons at the Event).
(e) In the case of an emergency or serious injury, Patrons must follow all official directives of OpenRoads Rally or Promoter’s authorised staff and personnel.
(f) Patrons acknowledge that due to safety reasons there may be restricted capacities on some tracks and activities, and ticket purchase does not guarantee entry to these activities in such circumstances. Once it is determined by OpenRoads Rally (at its sole discretion) that the maximum capacity has been reached in these activities, there will be no further admissions until capacity allows.
(g) OpenRoads Rally promotes safe and legal riding. Police have the right to enter the forest and conduct police/traffic operations without notice. All event participants must observe all applicable laws.
7. Prohibited items
(a) The following items (without limitation and unless our event FAQ states otherwise) are prohibited and cannot be brought on to the Event site: animals (with the exception of registered guide dogs and service animals), glass, illegal substances, lasers, flares, fireworks, sparklers, flammable items, explosives, BBQs, gas bottles and butane cylinders, large furniture items, protest and political paraphernalia and banners, professional sound systems, clothing, jewellery or accessory displaying the name of any gang, club affiliated or similar organisations or any “declared organisation” within the meaning of the Crimes (Criminal Organisation Control) Act 2009 is not permitted, or any other item deemed by OpenRoads Rally or Event staff (in their discretion) to be dangerous or offensive or potentially dangerous.
(b) Ticket Holders and their property may be searched for prohibited items upon entry to or during the Event. Ticket Holders found with prohibited items or who refuse to make their clothes, bags, containers, vehicles or other possessions available for search by OpenRoads Rally, may be refused entry to the Event, ejected and/or have the prohibited items confiscated. Confiscated items will not be returned, replaced or reimbursed.
8. Images, Photography and Press
Ticket Holders consent to their inclusion in official photographic, film and other visual and audio recordings of the Event by OpenRoads Rally and/or any of its authorised representatives and contractors and grant OpenRoads Rally the right to use such photos and recordings for promotion, marketing and any other purpose without restriction.
9. Merchandise and other products
Merchandise and other products (including food and beverage products) will not be refunded or exchanged except as required by law (including the Australian Consumer Law).
10. Promotions and Competitions
If you received your ticket or other product as a prize, gift, donation or otherwise at no cost, these Terms and Conditions and the terms and conditions of the relevant promotion or competition apply to your use of the ticket.
(a) Prizes are open to Event Attendees only
(b) Participation for some prizes have specific entry requirements. And these requirements may be changed at any time at our sole discretion.
(c) We reserve the right to substitute advertised prizes for replacements of equal value.
(d) Prizes may vary from those advertised
12. Waiver & Indemnities
(a) OpenRoads Rally will not be liable for or in respect of any proceeding, claim, loss, damage, cost, penalty or fine arising from any death or personal injury and/or property damage occurring or suffered at any time as a result of or in connection with your use of the motorcycle or attendance at, or participation in, the event whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally. So far as this clause operates to exclude conditions that would otherwise be implied in this agreement by the Australian Consumer Law and Fair Trading Act 2012 (Vic), the following particulars are applicable:
(b) Except to the extent that the Australian Consumer Law and Fair Trading Act 2012 (Vic) applies such that liability cannot be excluded or limited, OpenRoads Rally will not be liable for or in respect of any proceeding, claim, loss, damage, cost, penalty or fine suffered, incurred or arising at any time by You or in your favour as a result of or in connection with your use of a motorcycle or attendance at, or participation in the Rally whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally
(c) You agree to indemnify OpenRoads Rally and it’s partners to the extent permitted by law in respect of any proceedings, claims, losses, damages, injuries (including death), costs, penalties or fines arising as a result of or in connection with your use of a motorcycle or attendance at, or participation in the event whether caused or contributed to, directly or indirectly, by any act or omission (including negligence) on the part of OpenRoads Rally or another of the entities.
(d) To the fullest extent permitted by law, Ticket Holders waive all legal rights of action against and fully release OpenRoads Rally, its directors, officers, agents, employees, contractors and volunteers from and against all claims for compensation, expense, loss, damage, injury or death suffered or incurred howsoever arising out of or in relation to the Ticket Holder’s use of a motorcycle or attendance and participation in the Event including without limitation, liability for any negligent or tortious act or omission on the part of the persons released or under statute or for breach of these Event Terms. Patrons agree to indemnify OpenRoads Rally, its directors, officers, agents, employees against any loss, damage or expense suffered or incurred by OpenRoads Rally as a result of any negligence or breach of these Event Terms by the Patron.
13. Voluntary Assumption of Risk
(a) You enter the Venue at your own risk.
(b) You understand that attendance at OpenRoads Rally may carry with it certain dangers, including the risk of death, injury and theft and damage to you or your property.
(c) By attending the event and/or the Venue, you accept the risk of damage and loss (including property damage, death, personal injury, economic and consequential loss) howsoever arising (including by negligence) at the Venue. This includes damage or loss caused by the acts or omissions of other ticket holders, visitors, guests, and the employees and agents of OpenRoads Rally.
14. Amendments to terms and conditions
(a) OpenRoads Rally may update, replace or vary these Terms and Conditions at any time. Changes will be made effective by posting them on www.openroadsrally.com and www.tickets.openroadsrally.com. It is your duty to keep yourself apprised about the recent version of our Terms and Conditions.
(b) By making a purchase through OpenRoads Rally or an authorised sales channel, you agree to be bound by the Terms and Conditions that apply at the time of purchase.
(a) You will be asked to provide personal information (including email address, postal address and other contact information) when making a purchase. Please ensure that you provide current, complete, and accurate information. If you do not provide personal information when requested, we may not be able to fulfil your order and may not be able to contact you to give you information about the event or to advise you of changes to the event including cancellation
(b) If You are booking for other Patrons, please add their unique email addresses in so that we can email them their tickets, contact them with event information and assist with their enquiries
(c) In order to ride in our events You will need to provide personal information not limited to health history, licensing and motorcycle registration details and emergency contact details.
16. Victorian law and jurisdiction
These Terms shall be created, performed, interpreted and enforced in accordance with the laws applicable in Victoria, Australia and the parties submit to the exclusive jurisdiction of the courts of that place.