These Terms govern your purchase of tickets for, and attendance at, the Event. It is your responsibility to review these Terms prior to the purchase of any tickets. By purchasing tickets, you agree to be bound by these Terms. We reserve the right to amend these Terms at any time and will provide the most recent version on our website which can be found at http://emilyosmond.com (Website).
You may purchase a ticket in accordance with the Ticket Purchasing Process and for the Price. In purchasing a ticket, you agree that:
a) your booking at the Event is confirmed once you have received an email notification and receipt from us;
b) entry to the Event will be permitted on presentation of your ticket or booking confirmation;
c) the Price covers all of the Inclusions, any further requirements not set out under the Inclusions may be at an additional cost;
d) you must pay the Price (including GST) for your ticket booking and any credit card surcharge or administration fees as specified on our Website and in accordance with the Payment Terms;
e) ticket prices may be subject to change and we will use best endeavours to inform you of any changes;
f) if you pay the Price under any agreed instalment plan we offer, all payments in the instalment plan must be made on time. If any scheduled payment is over 5 business days late (Due Date), you will forfeit your place at the Event and any proportion of the Price you have paid prior to the Due Date.
Refunds, Credits and Transfers
Subject to the below, all ticket sales and bookings are final and no exchange, credit or refund will be given. For avoidance of doubt, no refund or credit will be provided for change of mind or if you did not enjoy the Event, arrive late, or are unable to attend the Event. Tickets are non-transferrable.
Event Cancellation or Postponement
If the Event is cancelled, varied, rescheduled or postponed, then this clause will apply.
If the Event is postponed, you may notify us in writing no later than 14 days after the originally scheduled Event Date to obtain credit for the ticket price to put towards another one of our Events that occurs within 12 months of the originally scheduled date of the postponed Event (Credit Request). If we do not receive a Credit Request, your ticket will be automatically transferred to the new date for the postponed Event.
If the Event is cancelled due to a Force Majeure Event, including the Covid-19 Pandemic, you will receive credit for the ticket price to put towards another one of our Events, noting no refunds will be issued or the Event may proceed virtually at our discretion.
If the Event is cancelled for any reason other than a Force Majeure Event, you may notify us in writing no later than 14 days after the original scheduled Event Date to obtain a refund of the ticket price. If you fail to request a refund, you will receive credit for the ticket price 14 days after the scheduled date of the event to put towards another one of our Events, and no further refunds will be issued.
We will use reasonable endeavours to notify you of any cancellations, variations, rescheduling or postponements of the Event through email, however it is your responsibility to ascertain whether an Event has been cancelled, varied, rescheduled or postponed. We do not guarantee that you will be notified of the cancellation, variation, rescheduling or postponement before the date of the Event.
Any refund or credit issued to you under this clause will be your sole remedy for a postponement or cancellation of the Event and we will have no further liability to you in respect of any cancellation, variation, rescheduling or postponement of an Event for any reason. If you require travel insurance or other insurance, you are responsible for obtaining this, noting that the Event ticket does not cover any such insurance.
For the purposes of this clause, a Force Majeure Event includes any act of god, terrorism, war, civil unrest, strike or labour dispute, lack of transportation, breakdown, labour or material shortage, blockade or embargo, supplier failure, epidemic or pandemic (including the COVID-19 pandemic), government restriction or recommendation, extreme weather, earthquake, drought, fire, flood, explosion, natural disaster and/ or any other event, cause or circumstance beyond our control.
The Event may require you to comply with certain health and safety requirements (COVID Safe Policy) due to the COVID-19 Pandemic. You acknowledge and agree that you will comply with our COVID Safe Policy, including where required by then current government laws:
a) wearing a face covering or a mask;
b) maintaining any social distancing as mandated by any government authorities at the time of the Event;
c) not attending the Event if you have any symptoms of cold, sickness or flu, regardless of whether or not you have been tested for COVID-19; and
d) any other requirements we may implement to maintain the safety of us, our staff and you.
Failure to comply with our COVID Safe Policy means you may be required to leave the Event at our absolute discretion and no refund or credit will be issued under such circumstances.
If the Event is varied so that it becomes online attendance only due to the COVID-19 Pandemic, no refund or credit will be provided under these circumstances. We will use reasonable commercial endeavours to notify you as soon as reasonably possible of the details and specifications if this is to occur.
If the Event is cancelled, rescheduled or postponed due to the COVID-19 Pandemic, then the clause “Event Cancellation or Postponement” will apply. For the avoidance of doubt, only credit will be provided for any cancellations, rescheduling or postponements due to the COVID-19 Pandemic.
During the Event, you agree to behave in a professional and appropriate manner.
You acknowledge and agree that cameras, audio and video recorders may not be permitted at certain Events and hereby permit us to film you and use that footage in our social media and any promotional material.
We reserve the right to refuse entry or require you to leave the Event if your behaviour is deemed unacceptable at our absolute discretion.
If any details are inserted under Insurance, you are required to take out and maintain this Insurance for the duration of the Event. We may require you to produce evidence to this effect at any time.
Photography and Recording
We may take photographs (Photographs) and recordings (Recordings) at the Event. You agree that:
a) accepting these Terms means you consent to being filmed or photographed by us (or our representatives) and for us to use your name, likeness, image and/ or voice in such photographs or films for the purposes of promoting our events, services and products;
b) no remuneration is payable to you for our use of such Photographs and Recordings;
c) you release us from any infringement or violation of personal and or property rights of any sort based on our use of such Photographs or Recordings;
d) we are not obligated to use any Photographs or Recordings; and
e) you may request for us not to use a particular Photograph or Recording, however we are under no obligation to do so and any consent to your request will be at our absolute discretion.
You agree to attend our Events on the basis that there are no outcomes guaranteed with respect to the results of our Events, including in relation to any improvement or growth to your business and/ or the implementation of a successful marketing strategy.
Limitation of Liability
To the maximum extent permitted by law, we are not responsible for any loss, damage, expense or liability suffered by you or any other third party and caused or alleged to be caused directly or indirectly as a result of attending the Event.
Subject to the below, any condition or warranty which would otherwise be implied in these Terms are excluded.
Our liability for breach of a guarantee conferred by the Australian Consumer Law is limited, in the case of services, to any one of the following as determined by us:
a) the supplying of the services again; or
b) the payment of the cost of having the services supplied again.
If there is a problem with the Event or our services caused by a breach of these Terms by us (Omission), and you have notified us within 24 hours, then to the maximum extent permitted by law our liability arising from, or in connection with, the Omission will be limited to the face value of the ticket purchased by you.
These Terms contain the entire understanding and agreement between us in respect of its subject matter.
If any provision of these Terms are held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Terms.
These Terms are governed by the laws of Victoria.