Terms and Conditions

Last updated: 15 September 2022

Tumbafest Website Terms of Use

This website is owned and operated by Tumbafest Inc.

1. Accepting Terms of Use

The use of this website is governed by these terms and our Privacy Policy. By entering and using this website, you accept and agree to comply with our Terms of Use.

We reserve the right to change any or all of these terms and conditions, and/or add new terms and conditions at any time. When we do so, we will make a new copy of these Terms of Use available on our website. Your continued use of our website a will be deemed to constitute your acceptance of such changes.

2. Intellectual Property

You acknowledge and agree that all copyright, trade marks and all other intellectual property rights in all material or content contained within the website shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorised by us under these conditions.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only. Any other use of the material and content of the website is strictly prohibited.

You agree not to copy, reproduce, transmit, publish, broadcast, sell, license, display, distribute, commercially exploit or create derivative works of such material and content.

We reserve all rights not expressly granted in and to the website and the content in the website.

3. Links To Other Websites

The website may provide links to other websites. You acknowledge and agree that we are not responsible for the availability of such external sites and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resource.

4. Limitation of Liability

Whilst we will use reasonable avenues to verify the accuracy of any information we place on the website, to the extent permitted by law, we make no warranties, whether express or implied in relation to its accuracy.

We will not be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, loss of data, loss of use, claims of third parties, or other losses of any kind which result from any use or access of, or any inability to use or access our website.

5. Indemnity

You agree to be fully responsible for and fully indemnify us against all claims, losses, damages or costs (including legal costs on a full indemnity basis) arising from or in connection with any breach or alleged breach by you of these Terms of Use or any other legal obligation.

6. Miscellaneous

If any term or condition of this agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable.

7. Applicable Law

These Terms of Use are governed and interpreted in accordance with the laws of New South Wales, Australia and the parties submit to the non-exclusive jurisdiction of the courts of that State.

Tumbafest Festival Entry Terms & Conditions

1.      Entry

Organisers reserve the right to refuse entry to any person who: -Cannot produce a valid e-ticket or hard ticket with matching ID. - Produces an e-ticket that has been duplicated. Entry may be refused if tickets are defaced, damaged or not purchased from an authorised outlet. Alcohol, glass, illegal substances and items that may be used as a weapon are strictly forbidden. All bags will be inspected on entry by our friendly security staff. Persons attending the festival do so at their own risk. No warranty is given, nor representation made regarding the view of the stage. Tumbafest has a “strictly no pets policy”.

2.      Refunds

Refunds will not be provided under any circumstances unless the festival is cancelled, which is at the organisers discretion. Organisers will not refund or provide an exchange where: The ticket holder chooses not to attend the event, the ticket is lost or stolen, the ticket has been duplicated, the ticket holder has been refused entry or evicted from the premises, the event doesn’t meet expectation.

3.      Changes

While every attempt is made to present the program as advertised, the program is subject to change due to circumstances beyond the organisers control.

4.      Festival Ticket Conditions

Tickets are not transferable. Not included in the ticket are amusement rides, food and drink (available for purchase), competition entry. Entry to all events is at own risk. Tumbafest and the venue accept no responsibility for any injuries, losses or damage sustained in or around the venue.

5.      Wristbands

Festival wristbands will be issued in exchange for tickets; they must be worn at all times.

6.      Security

The organisers reserve the right to evict any person who: Is not wearing a festival wristband, does not comply with the terms and conditions, is involved in any illegal activity, is behaving in a manner that reasonably interferes with other people’s enjoyment or safety at the festival.

7.      Alcohol

Tumbafest is a licensed event. BYO alcohol is not permitted.

8.      Copyright

Sound/video recordings of performances cannot be made without prior consent from the organisers.

9.      Creek

Access to the Creek is strictly prohibited during the event, other than for the purposes of the duck race.

COVIDSafe Event Terms & Conditions

Bendigo Bank Tumbafest has developed a COVID-19 safe plan in line with the Government guidelines. The event team and volunteers will monitor the movements, attendance numbers, compliance, and comfort levels of the public.

Attendees acknowledge that while the Event has taken all reasonable health and safety precautions to keep the audience, staff and performers safe, attendees enter the Event at their own risk without recourse to claim against the Event regarding health outcomes.

Please read the following terms and conditions, which are in addition to the regular Terms and Conditions, prior to purchasing your tickets.

• If you are unwell, please stay at home.

At the Event

• The customer is responsible for having their ticket/s available on their phone or printed out, clearly visible, for checking at the entry gate. Tickets will not be reprinted at the Event

• Refunds or exchange of tickets will be available to any customer who has developed any COVID-19 symptoms after the purchase of tickets, or who has come into contact with anyone who is symptomatic or is a confirmed case. A request for refund or exchange must be provided in writing with supporting evidence (to hello@tumbafest.com.au) prior to the commencement of Tumbafest - by 9am on Saturday 24 February 2024.

• Customers may be asked health screening questions on arrival to the Event

• Customers agree to abide by all physical distancing, health protocols and the Event’s COVIDSafe plan

• Customers agree to follow the instructions of Event staff at all times

• If customers do not comply with protocols, or authorised requests, they will be asked to leave immediately without refund or further recourse