The terms and conditions set out below constitute a binding agreement between Venues Ōtautahi Ltd of 81 Jack Hinton Drive, Addington, Christchurch, New Zealand (“Promoter”) and the person holding or using a ticket (“Event Ticket”) to the event ‘The Midwinter Session’ (“Event”) at Christchurch Arena, Christchurch (“Venue”) on 1.00pm - 7.00pm, Saturday 22 July 2023 (“Event Date”) irrespective of whether the ticket was purchased by the person holding or using the Event Ticket (“you” or “your”).

These terms and conditions should be read in conjunction with all statements and directives shown or displayed on your ticket, onsite at the Event, on the Promoter’s website and social media pages, or otherwise communicated by the Promoter from time to time (together, the “Event Terms”).

“Event Staff” includes the Promoter’s directors, partners, officers, employees, contractors, agents, volunteers, as well as any Venue staff.

1. Purchase of Tickets

1.1 The Promoter uses the third-party ticketing platform ‘ticketek.co.nz’ as an intermediary to sell Event Tickets (“Ticket Merchant”). No other ticketing company is authorised to sell Event Tickets. Ticket sales may be subject to the terms and conditions of third party payment platforms, and you are solely responsible for paying any and all booking fees and charges in connection with the sale, including but not limited to transaction and processing fees (which for the avoidance of doubt are additional to the advertised ticket price).

1.2 Event Tickets may not, without the prior written consent of Promoter, be re-sold or offered for resale at a premium (including via online auction sites) or used for advertising, promotion or other commercial purposes (including but not limited to competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If an Event Ticket is sold or offered for re-sale or used in breach of this condition, the Event Ticket will be invalid and the holder of the Event Ticket may be refused admission or evicted from the Event.

1.3 The Promoter reserves the right to enforce any published limit on the number of Event Tickets that can be purchased by any one person, and any Event Tickets obtained above such limit by any one person will be invalid.

2. Conditions of Entry To Event

Tickets

2.1 Entry to the Event will be granted upon presentation of a valid Event Ticket at the Venue until 4.00pm on the Event Date. Entry will be refused to any person (including persons holding valid Event Tickets) attempting to enter the Venue after 4.00pm. There are strictly no passouts/re-entry to the Venue at any time during the Event.

2.2 Event Tickets, or any other entry pass provided by the Promoter in exchange for Event Tickets (e.g. wristbands) must be treated like cash. Event Tickets and/or entry passes that are lost, stolen, destroyed, tampered with, defaced, or damaged will be rendered invalid and will not be refunded or replaced, except as required by law or where the Event Terms provide otherwise. Any person found without a valid Event Ticket or entry pass may be evicted from the Event by the Promoter or Event Staff.

2.3 You are responsible for checking all information provided at the time of purchase. Event Tickets will have your name printed on them or will be otherwise registered to your name. Upon entry to the Event, Event Staff will check your photographic identification documents, being either a valid Hospitality New Zealand 18+ Card (HANZ Card), New Zealand driver’s licence, or a New Zealand or foreign passport (“Photo ID”), to ensure the name on your Photo ID matches the name on, or registered to, your Event Ticket. If the name on, or registered to, your Event Ticket does not match the name on your Photo ID, your Event Ticket will be invalid and you will be refused entry to the Event. The name on your Event Ticket, or the name to which your Event Ticket is registered, may be changed by contacting the Promoter only. Please note changes may be subject to payment by you of any applicable fees charged by the Promoter or their Ticket Merchant.

2.4 Any complimentary Event Tickets provided by the Promoter may not, without the prior written consent of the Promoter in each instance, be sold, transferred or used by anyone other than the person whose name is on the Event Ticket or to which the Event Ticket is registered.

2.5 Unless otherwise provided for in these Event Terms or required by law, Event Tickets are not exchangeable or redeemable for any other event, or any other consideration, monetary or otherwise.

Minimum Age

2.6 The Midwinter Session is a R18 Event. You must provide photo ID to the satisfaction of the Promoter and/ or Event Staff to verify that you are the Minimum Age. You may be required to provide Photo ID at various times during the Event.

Consent to Search

2.7 It is a condition of entry to the Event that a search of you and/or your possessions be conducted at the time of entry to the Venue and at other times if requested by the Promoter or Event Staff. This may include, but is not limited to, bag checks, pat downs, metal detector tests and drug detection tests. If you do not consent to such searches, you may be denied entry to the Venue, or evicted from the Event.

Special Entry Condition: COVID-19

2.8 You acknowledge that there is currently a respiratory illness outbreak caused by a novel coronavirus (“COVID-19”) that is impacting various regions globally. By entering the Event, you warrant that:
- You do not have COVID-19, and are not awaiting test results for COVID-19 or otherwise have reason to suspect that you have contracted COVID-19;
- You are not experiencing cold or flu-like symptoms, including: a cough, fever, shortness of breath, sore throat, sneezing and runny nose, temporary loss of smell.If you cannot make the warranties above, you must not attend the Event.

3. Compliance with Laws and Directions

3.1 You must follow all reasonable directions of the Promoter and Event Staff, including but not limited to security, bar and traffic management personnel and directions conveyed on signage at the Event, and comply with all applicable laws (including regulations) at all times during the Event (including but not limited to liquor licensing, smoking laws and any physical distancing orders in force at the time of the Event).

3.2 The Promoter may authorise or instruct, in its absolute discretion, Event Staff to carry out or perform any of the obligations or functions of the Promoter in connection with the

Event

3.3 In the case of an emergency or serious injury, you must follow all official directions of or authorised by the Promoter, security staff and emergency services personnel.

4. Refusal of entry or eviction from Event

4.1 The Promoter reserves the right to, and to authorise or instruct Event Staff to, refuse entry or evict any person from the Event Site that: fails to comply with the Event Terms; is not over the Minimum Age; is unable to provide valid and current Photo ID; appears to be unwell or is showing symptoms of a contagious disease; engages in any illegal activity or behaviour or any activity or behaviour deemed in the Promoter’s absolute discretion to be unsafe, disorderly or antisocial, including without limitation being intoxicated or affected by alcohol or drugs; crowd surfing, moshing or stage diving; entering non-public or designated no access areas of the Venue or areas of the Venue to which your Event Ticket does not permit access; climbing the staging, rigging or other structures at the Venue; causing damage to property or goods at the Venue; or acting in a violent, threatening, inappropriate, abusive, aggressive, sexist, racist or discriminatory manner, or for any other reason in the Promoter’s absolute discretion.

5. Prohibited Items

5.1 The Promoter and Event Staff may confiscate any Prohibited Items or any other items which the Promoter, in its absolute discretion, considers may be used in an illegal, unsafe, antisocial or offensive manner. Confiscated items will not be returned, replaced or reimbursed, and proceeds from confiscated items (if any) will be donated to a charity or charities of the Promoter’s choice.

5.2 “Prohibited Items” include, without limitation; alcohol; illicit drugs; knives; weapons; fireworks; explosives; glass; cans; bottles; portable BBQs; compressed gas containers; fires or open flames or any kind; political, religious, offensive or race-related banners, signs, slogans or materials; flares; air horns; sound amplifiers including loudhailers; toy guns or water pistols; smoke bombs and flag sticks; commercial standard recording devices; drones; dogs or other pets; laser pointers; skateboards, roller blades, scooters or bicycles; or items that may interfere with the enjoyment, comfort or safety of other persons or security at the Venue.

5.3 Mobility or Health exemptions: If you have any medical or mobility equipment necessary for your health that may otherwise be considered a Prohibited Item, please bring this to the attention of the Promoter or Event Staff prior to entry to the Event.

5.4 Outside Food and Drink Prohibited: No person is permitted to bring into the Event Venue any food or beverage items which have been purchased, prepared or otherwise obtained outside of the Event Venue. The Promoter operates and allows to operate a significant number of food and beverage outlets within the event venue from which any person may purchase a broad range of food and beverage products that cater to a wide range of food intolerances, allergies and dietary preferences. The Promoter reserves the right to, and to authorise or instruct Event Staff to, confiscate and/or dispose of any homemade, store-bought or commercial food items carried by any patron at any time in the Event Venue. The Promoter shall accept no responsibility for, or loss associated with the confiscation of unauthorised food and/or beverage items for any person.

6. Cashless Event

6.1 The Event is a cashless event. At all participating food, beverage and other vendor outlets, all items must be purchased using only Eftpos or Credit Cards in New Zealand Dollars.

7. Photographing and/or recording of the Event

7.1 Personal digital cameras (including smartphones) are permitted at the Event, but professional photography equipment (including, but not limited to telephoto lenses, any lens over 20cm or any detachable lens) is not permitted at the Event without media accreditation issued by the Promoter. The Promoter shall determine in its absolute discretion, whether photography equipment is considered to be professional photography equipment. Photos of artists, musicians and/or the Event are permitted only on the basis that images are only used for private and personal use; and are not made available for sale and/or public display.

8. Recording and Photographing of the Event by Promoter

8.1 You consent to being included in any audio recordings, audio-visual recordings and photographs of the Event created by, at the direction of, or with the authority of the Promoter (“Materials”). In the event that you hold any rights in the Materials, without any fee or compensation payable to you, you irrevocably assign to the Promoter any and all benefit, right, title and interest in and to the Materials owned, controlled or created by you for the Promoter to hold and exploit in any context in any and all media now known or later devised absolutely, in perpetuity, throughout the world (including for advertising, marketing and promotional purposes whether in respect of the Promoter or third parties), free from any claims whatsoever from you. You waive all moral or other similar rights in respect of your performance or participation in the Materials that you may be entitled to under the laws of any jurisdiction throughout the world in perpetuity. To the extent that the foregoing waiver is not enforceable in any such jurisdiction, you unconditionally and irrevocably consent, for the benefit of everyone throughout the world, to the Promoter, its licensees and assignees doing or authorising the doing of any act or making or authorising the making of any omission which may infringe your moral rights in respect of the Materials.

9. Restricted Capacity Areas

9.1 You acknowledge that the Promoter may set restrictions on the number of people that can attend certain areas of the Venue, such as within buildings or structures, within enclosed areas or at stages (“Restricted Capacity Areas”). Once the maximum capacity, as determined by the Promoter, at any Restricted Capacity Area has been reached, the Promoter or Event Staff may prevent further admissions to the Restricted Capacity Areas. Your purchase of an Event Ticket does not guarantee admission to Restricted Capacity Areas where the maximum capacity has been reached.

10. Alcohol, Smoking, Drugs and Illicit Substances

10.1 The Event is fully licensed. You must not bring alcohol into the Venue. Only alcohol purchased from beverage outlets at the Event may be consumed at the Venue. You must be aged 18 years or over to purchase and/or consume alcohol and you must provide Photo ID to verify that you are aged 18 years or over in order to purchase alcohol. If you are found supplying or buying alcohol for any person under 18 years of age you will be evicted from the Event and the Promoter may report your conduct to the police.

10.2 The Promoter may make available designated smoking areas in their sole discretion. Smoking is only permitted in designated smoking areas. Any person found smoking at the Event (other than in a designated smoking area) may be evicted from the Event.

10.3 If you are found supplying, consuming or in possession of illicit drugs or illegal substances by the Promoter or Event Staff, you will be evicted from the Event and the Promoter may notify the police.

11. Clothing, footwear, and signage

11.1 Appropriate clothing and closed footwear must be worn at all times at the Venue. Any person wearing clothing items which pose a safety threat or may otherwise cause offence, in the Promoter’s sole discretion, may be refused entry or evicted from the Event.

11.2 You are not permitted to display any trading signs at the Event Site without prior written consent of Promoter.

11.3 If required by legislation, regulations and health orders, you may be directed to wear a mask as a condition of entry to the Event.

12. Conduct during the Event

Movement around the Venue

12.1 You must take reasonable care when moving around, or traversing, the Venue. You must move (whether on foot, in a wheelchair or otherwise) in an orderly fashion, in accordance with the directions of the Promoter and Event Staff, and you must not do anything that may hinder, or prevent, the safe passage of other patrons or Event Staff at the Venue or the surrounding areas (including entering and exiting the Venue). Where maps of the Venue are made available by the Promoter, you should familiarise yourself with the layout of the Venue, including the location of any emergency exits, to assist with moving around the Venue safely in the event of an emergency.

12.2 The Promoter will endeavour to make the Venue accessible for those using wheelchairs, mobility scooters or with a disability; however you acknowledge that the Venue has pre-existing natural terrain and pre-existing structures and facilities, and in some cases it may be impossible, impractical, unsafe or contrary to building laws or regulations to make all areas of the Venue accessible for all patrons. By purchasing an Event Ticket, you acknowledge and understand that some public areas of the Venue may not be accessible by all patrons. If you have any concerns about the accessibility of the Venue, please contract the Promoter prior to the Event for more information.

Injury or illness

12.3 In the event of injury or illness the Promoter or Event Staff may, at your expense, arrange medical treatment and/or emergency evacuation as deemed necessary or advisable (in the opinion of the Promoter or Event Staff) for your health and safety, or for the health and safety of other persons at the Event.

Facilities

12.4 Please be respectful of the Venue and place any litter in the recycle or other bins provided around the Venue. You must not damage, improperly use or tamper with any property or facility at the Venue.

13. Leaving the Event Site

13.1 At the conclusion of the Event, you must remove all of your belongings, rubbish, recycling and vehicles. The Promoter will not be responsible for any of your property left at the Venue and the Promoter may discard, sell or donate to charity any property left at the Venue following the conclusion of the Event.

14. Alterations or amendments

14.1 You acknowledge that you are purchasing a ticket to attend the Event, and not to see a specific act or acts. The Promoter reserves the right to change, add, withdraw or substitute artists in the Event line­-up, vary the advertised program, the entry and exit times, the amenities, the facilities, the attractions, and the entertainment at its discretion without prior notification. You acknowledge that the Promoter does not make any representations or warranties in respect of the aforementioned factors, and you have not relied on any representations or warranties by the Promoter regarding the above in connection with your purchase of an Event Ticket.

14.2 Without limiting the foregoing, you agree and acknowledge that the Promoter may need to make significant changes to the Event in response to COVID-19 and to comply with any legislation, regulation, health order or other government direction or recommendation in place to prevent the spread of COVID-19 and that these changes may occur after you purchase your Event Ticket, at any time prior to the Event. These restrictions may include seating or dancing arrangements, format of the event (including location and visibility of the stages or screens), creation of restricted zones within the Venue. You agree and acknowledge that except where required by law, you will not be entitled to a refund in these circumstances. Please regularly check the website for updates and additional terms that may apply to the Event.

14.3 If the Promoter determines that a reduction to the capacity of the Event is necessary or desirable, the first purchased Event Tickets will remain valid up to the revised Event capacity. Any other Event Tickets will automatically be transferred to the next event, noting those ticket holders may request a refund in line with further information provided by the Promoter at such time.

14.4 The Promoter may deny admission to the Venue (including admission to a particular performance at the Venue) in accordance with the Event Terms or otherwise in its absolute discretion.

15. Refunds and Reschedules

15.1 Except where required by law, there will be no refund of any Event Tickets or for any unused portion of an Event Ticket. This includes but is not limited to where there has been a variation to the Event, if you are refused entry to or evicted from the Venue by the Promoter or Event Staff in accordance with the Event Terms, if you fail to attend the Event, if you arrive after the commencement of the Event, or if you leave the Venue prior to the conclusion of the Event.

15.2 If the Event cannot take place (in whole or in part) due to an event, circumstance, or situation outside of the Promoter’s reasonable control (including but not limited to any act of God, epidemic or pandemic, natural disaster, fire, flood, council or government sanction or order, actions or decisions of police or other authorities, act of terrorism, war or industrial action, or cancellation by the Venue owner, lessee or controller) (“Force Majeure Event”) then the Promoter may, at their sole discretion:

(a) Postpone the Event. Provided that the Event is postponed within twelve (12) months of the original advertised Event Date, the Promoter may continue to hold payment for the Event Ticket and you shall not be entitled to a refund. Instead, you shall have the right to use the Event Ticket to attend the postponed Event. If the Event is not postponed within the specified period above, it will be considered a cancellation in accordance with clause 15.2(b) below.

(b) Cancel the Event. If the Event is cancelled by the Promoter due to a Force Majeure Event, then the Promoter will grant a refund (less any service fees) in accordance with terms advised to you by the Promoter at such time.

15.3 The parties agree that where it is impossible or unreasonably impractical for the Event to take place due to any cause or event in connection with the COVID-19, it shall be treated as a Force Majeure Event in accordance with clause 15.3, regardless of whether the parties could have reasonably foreseen the risk of such Force Majeure Event at the time of purchase of the Event Ticket.

16. Voluntary Assumption of Risk

16.1 Entry to the Venue is at your own risk. You understand that your attendance at the Event may carry with it certain dangers, including the risk of injury and damage to you and your property. By attending the Event and entering the Venue, you accept the risk of damage and loss (including property damage, personal injury, economic and consequential loss) however arising (including by negligence) at the Event.

16.2 You shall be responsible for the safety and security of all your belongings brought into the Venue. The Promoter accepts no responsibility for any loss, damage or theft of or to your possessions or property at the Event.

17 Release and Indemnity

17.1 The Event is provided ‘as is’ and to the extent permittable by law, the Promoter makes no warranties or representations regarding the suitability of the Event, and any photos of past events used in connection with the promotion and marketing of the Event are illustrative only and should not be relied upon as an accurate description of the Event. Notwithstanding, if any person claims that the Promoter has breached a term, condition, warranty, statement, or assurance which cannot be excluded by these Event Terms, to the maximum extent permitted by law, the Promoter’s entire liability and that person’s exclusive remedy is limited to a refund of the advertised retail price of the Event Ticket (less fees charged by any Ticket Merchant).

17.2 Subject to the preceding clause and to the maximum extent permitted by law, the Promoter; Event Staff; the owners, lessees and controllers of the Venue; and the respective members, directors, officers, employees, volunteers, contractors, agents or related entities of the aforementioned (“Released Parties”) are not responsible for and exclude all liability for any loss, damage, personal injury, death (even if the Promoter has been advised of the possibility of such loss or damage, or the possibility of such loss or damage was otherwise foreseeable); whether direct, indirect, special or consequential; and whether or not under the Promoter’s reasonable control; arising in any way out of A) the performance or non-performance by the Promoter of any part or whole of these Event Terms (including any liability under contract or tort) or B) your purchase of an Event Ticket and/or attendance at the Event; including but not limited to (i) damage to your or any other person’s computer or device resulting from purchase of an Event Ticket (ii) any theft, loss or damage to your property (including motor vehicles) at the Event (iii) =any variation to the Event as stated in these Event Terms; (iv) your choice to consume any alcoholic beverages or participate in any activities at the Event; (v) any other loss or damage caused by your negligence or the unforeseeable actions of other patrons.

17.3 Notwithstanding anything else in these Event Terms, if any of the exclusions or limitations set out above are declared illegal or void, then to the extent permitted by law, the Promoter’s liability for breach of a condition or warranty implied into these Event Terms is limited to the retail value of the Event Ticket.

17.4 By purchasing an Event Ticket, you indemnify the Released Parties from and against any loss or damage, including without limitation all legal costs and expenses or liability incurred by any of the Released Parties arising from any claim, demand, suit, action or proceeding against any of the Indemnified where such loss or liability arose out of or in connection with your wilful, negligent or reckless acts or omissions at the Event, or as a result of your breach of the Event Terms.

18. Variations to Event Terms

18.1 The Event Terms may vary at any time. Any variations become effective immediately once the variation is published, displayed or otherwise communicated.

19. Novation or Assignment

19.1 The Promoter may novate or assign its rights and/or obligations under these Event Terms. Where the assignee or novatee assumes the rights and/or obligations of the Promoter under these Event Terms, the Promoter shall be released from all such rights or obligations.

20. Severability

20.1 If any provision or part of a provision of these Event Terms is held or found to be void, invalid or otherwise unenforceable, it will be deemed to be severed to the extent that it is void or to the extent of void-ability, invalidity or un-enforceability, but the remainder of that provision will remain in full force and effect.

21. Governing law

21.1 The Event Terms shall be governed by and construed in accordance with the laws of New Zealand and the parties irrevocably and unconditionally submit to the jurisdiction of the courts in New Zealand.