TERMS AND CONDITIONS

HARBOUR PARTY NYE 2019

1. Tickets are sold on behalf of the organisation responsible for presenting the event and are subject to the conditions applicable to the event and/or the venue. All claims are the sole responsibility of that organisation.

2. Age restrictions apply for this event. You must be 18 years and over to attend this event and will be required to show proof of age. In accordance with Liquor Regulations, the only acceptable forms of proof of age are:

i. CURRENT Australian Photo driver’s license (International drivers licenses are not accepted)

ii. CURRENT Passport

iii. CURRENT NSW issued Photo Card

3. International driver’s licenses are NOT accepted as valid identification for entry at Luna Park Sydney.

4. You will be required to show proof of age ID upon entry to obtain a wristband. Entry is the only point that wristbands will be issued. This wristband must stay intact for the duration of the event. Should your wristband be tampered / lost / removed its replacement is subject to management’s approval. Any patron without a wristband may be required to leave the venue. In such instances you WILL NOT be permitted re-entry for this event. In this instance a refund will not be processed.

5. Credit Card purchases can only be made by the cardholder. You will be issued with a reference number which you will need to quote to collect your tickets. You will be required to produce a valid photo ID (as stated under item 2) and the credit card that you booked with, to sign for the tickets.

6. Tickets will not be exchanged, refunded or returned after purchase in any circumstances whatsoever including any climatic conditions and any variations of or cancellations to the fireworks on Sydney Harbour.

7. Entry may be refused if tickets are damaged or defaced in any way. Luna Park Sydney do not condone the on-selling of tickets. Event Tickets will only be accepted at entry if purchased from authorised contracted point of sale - any tickets purchased beyond these legitimate channels will be deemed invalid and will NOT be accepted at entry.

8. Your event ticket MUST remain in your possession for the entire duration of the event.

9. The right is reserved to add, withdraw or substitute artists and/or vary advertised programs, prices, seating arrangements and audience capacity

10. In the instance the event is phone free, by purchasing a ticket, you agree to no photos, videos or recording devices allowed in auditorium. Please see individual event information pages for further details.

11. The management reserves the right to refuse admission and, in such event, will not refund admission fee paid.

12. Stage diving, crowd surfing and dangerous activity is not permitted at this venue. Failure to comply may result in eviction; in this instance no refunds will be permitted.

13. Cameras, audio and video recorders will not be permitted. You grant permission to the Presenter to utilise your image, likeness, actions, and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) in any medium or context without further authorisation or compensation.

14. It may be a condition of entry to individual events that a search of person or possessions will be required at the time of entry to the venue.

15. Items considered dangerous will not be permitted inside the venue and must be cloaked

16. Dangerous and/or illicit items will not be permitted inside the venue. Persons found to be intoxicated or under the influence of or in possession of illicit drugs do not be permitted to enter or remain on the premises.

17. External food and drink- including personal drink bottles and sealed bottles of water – are not permitted in the venue.

18. Bags larger than the approved size of 42cm H x 30cm L x 30cm W. are prohibited in the Venue Auditorium. For such items, you may cloak these items in our Venue Cloakroom for the duration of the show. Fees apply.

19. All care will be taken with items cloaked, however, the Luna Park Sydney DO NOT ACCEPT responsibility for loss or damage. In leaving your items at the Cloakroom, you have considered to have accepted and be bound by our conditions of use.

20. CCTV is in operation on Luna Park Sydney premises.

21. Luna Park Sydney is not responsible for the views, statement and content expressed in any of the events held at this venue.

22. Risk Warning – Section 5M Civil Liability Act 2002. Attendance at the event for which a ticket is sold is a recreational activity and there are risks of injury in attending. By attending you accept these risks and will not make any claim if you are injured.

23. Admission into the Big Top Sydney subject to capacity being reached

24. Food and beverage from VIP ticketholders are not permitted to remove food and beverages from the VIP venues. To be consumed in VIP room (as per ticket purchased).

25. VIP drink service to conclude at 1.45am

26. Unlimited rides until 1.00am on 01.01.2020

LUNA PARK - RISK WARNING AND WAIVER

Voluntary participation and recreational nature of activity

1 I acknowledge, agree and understand my activities at, and my use of, Luna Park Sydney for my own enjoyment and leisure and is entirely recreational.

Risk Warning pursuant to section 5M of the Civil Liability Act

2 I acknowledge, agree and understand that:

(a) I have been warned that I am at risk of suffering personal injury arising from or in connection with my activities at, and my use of, Luna Park Sydney.

The risk of personal injury extends to, physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury) including but not limited to friction burns, whiplash, abrasions, bruising, damage to teeth, muscular injury, motion sickness, splinters, loss of consciousness, and broken bones together with soft tissue injuries generally.

(b) The risk of personal injury that I may suffer may arise from or be connected to:

(i) contact or collision with the surface of the ride;

(ii) contact or collision with another patron;

(iii) The movement of the ride (sudden or otherwise);

(iv) weather conditions including rain, wind, lightning, heat and cold;

(v) slipping and tripping on floor surfaces;

(vi) the acts and/or omissions (including negligent acts and/or omissions) of other patrons at Luna Park Sydney;

(vii) incorrect use of rides;

(viii) failure to follow instructions in relation to participation on a ride; and

(ix) the unforeseen failure or malfunction of rides.

3 I accept and acknowledge all of risks identified above voluntarily and at my own risk.

4 I acknowledge that the assumption of risk and warning above constitutes a ‘risk warning’ in respect of all rides and activities at Luna Park Sydney for the purpose of section 5M of the Civil Liability Act 2002 (NSW).

Waiver

General waiver

5 To the fullest extent permitted by law, I agree to waive all my rights in respect of any liability for any Claim against Luna Park, including for any liability:

(a) for breach of contract (including any express or implied warranty that any recreational services will be provided with due care and skill); or

(b) for negligence;

arising from, or in connection with, my attendance at and use of Luna Park Sydney.

Waiver in relation to recreational services to which the Australian Consumer Law applies

6 I acknowledge that:

(a) it is possible for a supplier of recreational services to ask me to agree that the statutory guarantees under the Australian Consumer Law (ACL) (which is Schedule 2 of the Competition and Consumer Act 2010 Cth), do not apply to me;

(b) I agree to waive my right to sue Luna Park Sydney (should either be deemed a supplier for the purposes of the ACL) because the recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) were not performed in accordance with the statutory guarantees, in particular the guarantees as to due care and skill and as to fitness for a particular purpose, are excluded; and

(c) the waiver of my rights in clause 9(b) above is limited to liability for:

(i) physical or mental injury (including the aggravation, acceleration, or recurrence of such injury) to me;

(ii) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:

i that is or may be harmful or disadvantageous to me; or

ii that may result in harm or disadvantage to me.

7 The above waiver of my rights in relation to the statutory guarantees does not apply to reckless conduct (as defined in the ACL) of Luna Park Sydney in supplying any recreational services (in the event either is deemed to be a supplier).

Release and Indemnity

8 To the fullest extent permitted by law, I:

(a) release and will release Luna Park Sydney from all Claims that I may have or may have had but for this release arising from or in connection with my use of Luna Park Sydney;

(b) indemnify and will keep indemnified Luna Park Sydney in respect of any Claim by any other person:

(i) arising from or in connection with my participation in any activities at, or use of, Luna Park Sydney;

(ii) against Luna Park Sydney in respect of any injury loss or damage arising out of or in connection with my failure to comply with any rules and/or directions from Luna Park Sydney regarding use of Luna Park Sydney’s facilities and attractions.

save that the above releases and indemnities shall not apply to the extent that the loss, damage or injury that is the subject of the Claim is caused or contributed to by the grossly negligent act or omission of Luna Park Sydney.