Event background

1. ‘Festival of Fun’ (Event) is being held on 18 November 2023 at Gold Coast Sports and Leisure Centre 296 Nerang Broadbeach Rd, Carrara QLD 4211 Australia (venue).  The Event is being organised by registered not-for-profit charity, ARHG Foundation Ltd, with the support of its Partners, Ambassadors.  
2. The Event is a multifaceted family friendly event that aims to bring people of all abilities together for an inclusive, accessible and socially welcoming experience.  The Event is open to all, however, is specifically intended to create an environment for people with a disability, their families, friends, carers and guardians to come together and enjoy a day out and explore new things in an inclusive environment.  The Event encourages people with disabilities, their families, friends, carers and guardians to explore, try new things, interact with service providers, have fun and enjoy entertainment from artists and performers.
3. ‘Customer’ means the ticket holder, or the guardian or carer responsible for the Customer.

Risk Warning

4. The Event will include a myriad of opportunities and activities for people with a disability and their families, friends, carers and guardians to enjoy. 
5. The Event is an inclusive event for people of all abilities.  However, people with varying abilities and any disabilities may be impacted differently by different stimuli, and all activities offered at the Event may not be suitable for all people.  Some activities at the Event may present potential risks, dangers and hazards to different Customers.
6. The Event will include:
   1. 1. Physical and recreational activities such as a variety of sporting demonstrations and ‘come and try’ experiences enabling Customers to try a sport or recreational activity, which may involve a significant degree of physical exertion or physical risk and is undertaken for the purposes of recreation, enjoyment or leisure; and 
      2. Sensory experiences involving various sensory stimulation which may include loud sounds and visual stimuli including flashing lights (eg. music, dancing, performances, fireworks), and other experiences relating to smell, taste and touch (eg. art and creative activities), food experiences, animal experiences (eg. mini petting farm), face painting and balloon artists.
7. The Event Organisers do not have knowledge or understanding of individual Customers’ abilities or any disabilities, and as such are not reasonably capable of determining, and do not accept responsibility for determining, whether it is safe for an individual Customer to participate in a particular activity at the Event.
8. The Customer and/or their guardians or carers have the best knowledge and understanding of their abilities or any disabilities and should use their own judgment to determine whether it is safe for them to participate in a particular activity at the Event.  
9. As attendees at the Event will include people of varying abilities and with different disabilities, there is the potential for the risk of injury that may be caused or contributed to by other attendees at the Event.
10. Not all risks, dangers and hazards can be completely eliminated, particular for people of varying abilities or with any disabilities.
11. For the above reasons, the activities offered at the Event:
    1. 1. may present a significant risk, danger or hazard of physical or mental harm for some Customers with varying abilities or any disabilities;
       2. may present an obvious and/or inherent risk or danger or hazard of physical or mental harm for some Customers with varying abilities or any disabilities;
       3. may be a ‘dangerous recreational activity’ within the meaning of the Civil Liability Act 2003 (Qld) for some Customers with varying abilities or any disabilities.

COVID-19 Notice and Agreement

12. COVID-19 is a contagious virus that can lead to serious illness and death.  COVID-19 is still present in the community.  There is an inherent risk of exposure to COVID-19 in any public place and where people gather.
13. Certain members of the community including younger people, those aged 65 and over, and those with underlying medical conditions may be more vulnerable.  
14. Event Organisers will have in place safety measures for persons present at the event to reduce the risk of the spread of COVID-19.  However, attendees at the Event may still be exposed to COVID-19 and are at risk of infection.
15. Customers agree to follow all government and health recommendations, restrictions or requirements that exist at the time of the Event (which may include social distancing measures, capacity restrictions and a requirement to wear masks) to be able to attend the Event.
16. Customers agree to follow instructions and signage outlining any COVID-19 preventative safety measures or government recommendations or requirements while present at the Event venue.
17. Customers agree that they will not attend the Event if at the time they are required to quarantine in accordance with current government COVID-19 quarantine requirements.

Terms & Conditions

18. By purchasing a ticket to the Event and/or entering the Event, in consideration for the issuance of a ticket to the Event and permission to enter the Event venue, attend the Event, and participate in activities at the Event, the Customer (or in event of any incapacity their guardian/carer who is responsible for the Customer):
    1. 1. Agrees that they have been sufficiently advised of the potential risks, dangers and hazards associated with attending the Event.
       2. Agrees that at all such times while attending the Event the Customer’s property and person is at their own risk.
       3. Wholly assumes and accepts all liability for the materialisation of any risks, dangers and hazards associated with their actions and the actions of any persons in their care in attending the Event.
       4. Agrees to participate and voluntarily assume the risk of injury or bodily harm to themselves or any person in their care on attending the Event and participating in any activity at the Event.
       5. Agrees to abide by any lawful instructions given by the employees, agents and volunteers of the Event Organisers, and further agrees to indemnify the Event Organisers and its employees, agents and volunteers, against all liability that may incur, including legal costs, caused or contributed by the Customer’s negligence or failure to comply with such instructions.
       6. Agrees to ask for any additional information or explanation about the Event or a particular activity at the Event should they not fully understand the Event, an activity at the Event, or any instructions about participating in an activity at the Event, prior to attending the Event or participating in any activity at the Event.
       7. Acknowledges they have read and understood the COVID-19 Notice and Agreement above, and agrees to comply with any COVID-19 related government and health recommendations, restrictions or requirements that exist at the time of the Event.
       8. Agrees to abide by Gold Coast Sports and Leisure Centre’s Conditions of Entry.
19. You (the Customer or in the event of incapacity their guardian or carer) hereby acknowledge and agree that you have received and understood the above Risk Warning and Terms and Conditions, and agree to:
    1. 1. Waive your rights to seek compensation from the Event Organisers and their employees, agents and volunteers.
       2. Release, indemnify and hold harmless the Event Organisers and their employees, agents and volunteers, for any liability for personal injury or death arising from or in connection with your attendance at the Event including your participation in any activity at the Event, which may arise:
          1. in negligence for breach of duty of care or failure to exercise reasonable care and skill;
          2. as a breach of contact or any express or implied warranty, obligation, term, condition or contractual duty of care;
          3. as a result of any representation or warranty as to the suitability of the facilities provided by the Event Organisers or the safety of the Event or activities at the Event;
          4. as a breach of any statute, statutory warranty or term implied in contract under statute (including the warranties implied by Subdiv B of Division Part 3-2 of Schedule 2 to the Competition and Consumer Act 2010 (Cth)).
       3. Acknowledges, agrees and understands that the Risk Warning above constitutes a formal ‘risk warning’ for the purpose of relevant legislation including ss13 to 19 of the Civil Liability Act 2003 (Qld).
       4. Acknowledges that the terms and conditions of this agreement are ongoing and will apply on all occasion which the Customer attends the Event or participates in any activities at the Event.
       5. Acknowledges and agrees that the terms and conditions of this agreement are binding on the Customer’s heirs, executors and assigns.
       6. Agrees that to the extent which this agreement is contrary to law or void, in whole or in part, it will be read down to the extent necessary, but will otherwise operate to the full extent permitted at law.
       7. Acknowledges and agrees that this agreement is governed by the laws of Queensland and that any claim, proceeding, or action, arising out of or in connection with the Event will be commenced in the jurisdiction of Queensland.
       8. Acknowledges that the purpose of this document is, to the maximum extent permitted at law, to exclude any liability for personal injury which may be incurred by the Event Organisers or its employees, agents or volunteers, arising out of or in connection with your attendance at the Event or participation in any activities at the Event.
       9. Acknowledges that on occasion, promotional videos or photographs may be used by the Event Organisers which may include your image while attending the Event and consents to this use unless you specifically request the Event Organisers in writing that your image not be used for this purpose
       10. Acknowledges that Event venue (Gold Coast Sport and Leisure Centre.) may have security video in or around the stadium and you consent to this use for security and safety purposes.
20. By purchasing or receiving a ticket for the Event and/or entering the Event venue, the Customer (or in event of any incapacity their guardian/carer who is responsible for the Customer):
    1. 1. acknowledges, understands and agrees to all of the above warnings, notices, statements, terms and/or conditions;
       2. accepts with full knowledge that there is a risk of injury and accident associated with attending the Event or participating in activities at the Event, and accepts that they will not have any claim of any nature against the Event Organisers or their employees, agents or volunteers, for any illness, injury or adverse change in medical condition or state of health, arising directly or indirectly from attending the Event, or participating in any activities at the Event.