launch party Terms & Conditions for Ticket Holders
Please read these Terms and Conditions carefully and ensure that you understand them.
Effective date: 13th August 2023
For reference, the following definitions apply to these Terms & Conditions:
Contractors - Including but not limited to any persons paid by Management to provide a service at the Event.
Event - the event named "welly ball launch 2023” which is due to take place on the 3rd September 2023 and primarily organised by the Welly Ball Committee.
Management ("We"/"Us"/"Our") - Including but not limited to the Welly Ball Committee, Security, Law Enforcement, Medical Personnel, Vendors, and owners/management team of the Venue.
Ticket Provider - FIXR ticketing platform. The FIXR mobile application and website (fixr.co) are owned and operated by VIPR Digital Limited trading as "FIXR". VIPR Digital Limited is a private limited company, registered in England (company number: 8184813, registered office: 35 Catherine Place, London SW1E 6DY).
Ticket - Including but not limited to the ticket(s) sold by the Committee through the Ticket Provider platform under the description of "Early Bird Ticket" or "General Ticket" or any other ticket description sold for the Event. Tickets are revocable at Management's discretion.
Ticket Holder - Including but not limited to any person who has brought or obtained a ticket(s) to the Event under their legal name on the Ticket Provider's platform or otherwise with the intention of entering the Venue.
Venue - The site of the event: The VIC, 1 St Mary’s Place, St Andrews KY16 9XB. Including but not limited to all structures, both permanent and temporary.
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By purchasing and/or being a holder of a Ticket(s) to the Event, you agree to the following Terms & Conditions where applicable. In addition, all ballotees agree to the following Terms & Conditions where applicable. All Ticket Holders will have been made aware of these Terms & Conditions prior to purchasing/obtaining a Ticket(s) or entering the Ballot respectively.
The following is referred to as the "Terms & Conditions":
1. Release of Liability for Ticket Holders
The Ticket Holder expressly assumes all risk and danger arising from or incidental by attending the Event and entering the Venue, whether such risks occur prior to, during, or subsequent to the actual Event, including specifically (but not exclusively) the dangers (1) that the event crowd or individual attendees may be inadequately monitored, managed, or controlled by Security, and as a result may cause personal harm or property damage to the Ticket Holder, and (2) that the Ticket Holder may be exposed to drugs, alcohol, fighting, or other reasonably foreseeable dangerous conditions or activities prior to, during, or subsequent to the Event. The Ticket Holder expressly releases the Venue, Management, and Contractors along with their representatives and agents from any and all claims that the Ticket Holder has or may have that arise from or are incidental to the Event, including any claims arising out of the negligence of the Venue, Management, and Contractors along with their representatives and agents.
2.1 Refund Policy for Ticket Holders
If the Event is rescheduled or cancelled, the Ticket Holder shall not be entitled to a refund except as otherwise required by law. Instead, the Ticket Holder shall have the right, except as otherwise provided, if the Event is rescheduled to a date and time within ten months of the date and time originally scheduled, to use this ticket to attend the Event at the rescheduled date and time.
All Tickets are not subject to any refund, bear no cash value, and is not redeemable for cash. All Tickets are not subject to exchange except as expressly provided above. Tickets obtained from sources other than the Ticket Provider may be counterfeit and worthless.
2.2 Force Majeure for Ticket Holders
In the circumstance where an act(s) of God (including but not limited to fires, explosions, earthquakes, drought, tidal waves, floods, infectious disease and radioactive contamination) or any other external detrimental event that is outside the control of Management is about to occurred, continues to occur, or has occurred at the date, time and location of the Event that results in the cancellation of the Event, Management will not be responsible for refunding any Ticket, rescheduling the Event or reimburse any Ticket Holder for any losses.
3. Reservation of Management's Rights for Ticket Holders
Management reserves the right to refuse admission to or eject any person from the Venue and Event whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or Venue rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate their Ticket, admittance and all rights of the Ticket Holder. The exercise of Management’s ejection rights hereunder does not entitle the Ticket Holder to a refund of their Ticket(s) or any part thereof. Unlawful resale or attempted resale is grounds for seizure and cancellation of the Ticket, without compensation, at Management’s discretion.
4. Transmission or Reproduction Prohibition for Ticket Holders
The Ticket Holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the Event, performance, exhibition or game for which the Ticket is issued. The Ticket Holder acknowledges that the Event may be broadcast or otherwise publicised, and grants permission for holder’s image or likeness to be used in any live or recorded transmission or reproduction of such Event, performance, exhibition or game.
5. Compliance with Venue rules for Ticket Holders
The Ticket Holder agrees to comply with Venue rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the Venue. Violation of any rules outlined in these Terms & Conditions may result in expulsion from the Event, and removal from Venue without refund or compensation.
6. Ticket Price for Ticket Holders
Unless indicated otherwise, the price of Tickets include all applicable taxes. The Ticket price is non-refundable except as specifically provided in these Terms & Conditions.
7. Inability to Attend Event for Ticket Holders
Should a Ticket Holder be unable to attend the Event, for any reason including government requirements to self-isolate under coronavirus regulations, no refund shall be granted.
8. Terms of Sale for Ticket Holders
The Ticket Holder assumes all risk or danger incidental to the Event, whether occurring prior to, during, or subsequent to, the actual Event. The terms of sale of each Ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by Management. In order to be admitted to the Event, each Ticket Holder must present their FIXR ticket either printed or on the FIXR app in order to be scanned as well as any documentation (such as ID) required by Management. Entry to the Venue may be refused for reasons including but not limited to misconduct, intoxication, or violence, at the discretion of the Management.
8.1 Ticket Holder's Property for Ticket Holders
A Ticket Holder's property is brought to the Venue at your own risk. Management does not accept responsibility for any loss, damage or theft of any item. Management will not be held responsible for any damage or loss of Ticket Holder's property howsoever caused.
9. Publicity Release for Ticket Holders
Photography, webcasting, and audio/video recording takes place at and during the Event. The Ticket Holder consents to being webcast, broadcast, filmed, videotaped, and/or recorded as a member of the audience and a Ticket Holder. You release Management from any liability for loss or damage to persons or property arising from those actions. The Ticket Holder expressly authorises the use of your image, likeness, name, voice, and all reproductions in any media (even if invented later), forever, in any location in the world, by Management, and waives any rights of privacy or publicity related to such uses.
9.1 Communication with Ticket Holders for Ticket Holders
The Ticket Holders acknowledges that communication from Management about any aspect of the Event may be achieved through any of the following means with Management being waived of any negligence if the Ticket Holder fails to regularly check these communication sources:
- Welly Ball Facebook Page
- Welly Ball Instagram Page
- Email (the email address provided to Management by the Ticket Provider)
10. Failure to Agree to Terms & Conditions for Ticket Holders
If the Ticket Holder fails to agree to the Terms & Conditions outlined above, their Ticket is invalidated, with no right to refund, and may be redistributed at the discretion of Management.
10.1 Amendments to Terms for Ticket Holders
Management reserves the right, at any moment before, during or after the Event, to change these Terms & Conditions. Ticket Holders will be notified of any change to any updated Terms & Conditions with the option of not agreeing to them without penalty.
10.2 Data Protection for Ticket Holders
Please refer to our Privacy Policy at www.wellyball.com/privacy
11. Severance for Ticket Holders
If one or more of the provisions of these Terms & Conditions is found to be unlawful, invalid or otherwise unenforceable, those provision(s), or part of, shall be deemed severed from the remainder of these Terms & Conditions and shall remain enforceable.
12. Jurisdiction & Governing Law for Ticket Holders
These Terms & Conditions and all disputes, whether contractual or otherwise, arising out of or in connection with them are governed by and shall be construed in accordance with the laws of Scotland and each party submits to the exclusive jurisdiction of the Scottish courts.