General Terms & Conditions of Ticketing and Entry
During the two days of racing at the Carnival, the roads surrounding Cannon Park Racecourse will be controlled by Queensland Police and access will be altered. Please refer to the plan below to ensure you are aware of the changes.
In these conditions:
Club Dinner means the Members and Guests only event held at the Cairns International Cruise Terminal, on Friday evening of Carnival.
Course means the Cannon Park racecourse (or any other racecourse at which the FNQATC holds a race meeting) including the area leased by the FNQATC adjacent to the Cannon Park racecourse, Cairns.
Event means any particular race day, horse race or other sporting or entertainment activity conducted at any venue including, but not limited to, the Course by, or under authorisation from, FNQATC.
FNQATC means Far North Queensland Amateur Turf Club Inc. trading as Cairns Amateurs (ABN: 14 167 482 670).
Members Area means the area at Cannon Park racecourse designated by FNQATC as the Members Area.
PIP means the area at the Course designated by FNQATC as the Picnic in the Park area.
You means the individual ticket holder or purchaser.
2. Tickets to an Event are issued by FNQATC. By entering an Event or receiving a ticket for entry to an Event, you are deemed to have accepted and understood these conditions and any accompanying risks, obligations and responsibilities and that these conditions are binding on you. It is your responsibility to read and inform yourself of these conditions. Certain areas at an Event may have further specific.
3. All prices are in Australian Dollars (AUD) and are inclusive of GST. Prices listed are per head and are subject to availability. If you require further information in relation to ticketing, please contact the FNQATC office on (07) 4033 1135 or email email@example.com Please use the relevant booking form as supplied by FNQATC to specify your ticket requirements for the Event. Booking forms are available on the FNQATC website www.cairnsamateurs.org.au or by contacting the FNQATC office as above. Booking forms can be returned by mail to PO Box 5326, Cairns QLD 4870, or by fax on (07) 4033 0399 or by email as shown above.
4. No refunds will be made on group bookings and final numbers for group bookings must be provided together with payment in full at the time of booking. No refunds will be issued under any circumstances for Membership fees. For all other ticketing, cancellations must be made at least 7 days prior to the Event for any refunds to be issued. Individual payments for group bookings will not be accepted. Please note: no tickets will be issued prior to payment.
5. If you enter an Event there is a possibility of an accident causing injury, death or property damage or loss. Entry to the Event is at your own risk. The risks associated with entry to an Event include but are not limited to the risk of suffering injury, harm or loss as a result of:
(a) temporary structures (including without limitation umbrellas, marquees and gazebos), parts thereof or other debris being dislodged by wind and coming into contact with persons, vehicles or structures;
(b) incidents involving the movement of horses (including without limitation where horses jump or breach fences, railings or barriers or break free – whether being led or ridden or in their stalls – and come into contact with persons, vehicles or structures) or vehicles; or
(c) harmful acts (whether intentional or inadvertent) committed by persons (including, without limitation, intoxicated persons) present at the Event.
6. Some areas of the Event are exposed to the weather, including direct sunlight and heat, rain and wind. FNQATC does not guarantee that there will be sufficient space for you to obtain shelter from such weather.
7. Whilst at the Event you are responsible for your own property. You must not leave your bags or possessions unattended at any time. There are no cloaking facilities at the Event.
8. If you breach these conditions, or FNQATC (with reasonable cause) so directs, you may, without limitation:
(a) be refused entry to the Event;
(b) be evicted from the Event;
(c) be required to surrender articles in your possession;
(d) have your ticket confiscated or cancelled without refund; or
(e) be reported to an appropriate law enforcement body.
9. You must comply with any reasonable directions given to you by FNQATC. FNQATC or a person authorised by FNQATC may, at any time, inspect any vehicle, bag, basket or other receptacle or require you to turn out your pockets.
10. If you become aware of any incidents, matters or circumstances in contravention of these conditions, or if you have any issues that you wish to bring to FNQATC’s attention, then for matters involving the Course you should contact the Secretary’s office at Cannon Park racecourse on (07) 4054 1203. For matters arising during the course of the Club Dinner, please alert a staff member. For all other matters you may call the FNQATC office on (07) 4033 1135. You should do this as soon as possible so as to assist FNQATC to provide you with a helpful response.
11. The schedule for an Event (whether published or otherwise) and its proposed format are only provisional and subject to change if necessary due to adverse weather conditions or other reasons. FNQATC reserves the right to cancel, withdraw, postpone, relocate or reschedule an Event or change the participants in an Event. There is no guarantee of viewing any planned participant in an Event or of viewing any particular Event, and FNQATC is not liable to you for any loss or damage you suffer as a result of any change to, or cancellation of, an Event where the circumstances giving rise to such cancellation are beyond FNQATC’s reasonable control. You also agree that you have no right to claim a refund or exchange ticket in such circumstances and no obligation is assumed by FNQATC to schedule a substitute Event.
12. The Course and the Club Dinner venue are both licensed venues. Persons under 18 years of age, with the exception of those aged 5 years and under who are in the constant care of a parent or guardian, are not permitted to enter the Course during the two racing days of the Carnival. Persons under the age of 18 are not permitted to attend the Club Dinner. FNQATC reserves the right to require proof of age of any person entering or at either venue.
13. Persons under the age of 18 years are permitted to attend the Annual General Meeting Luncheon held on the Sunday of the Carnival, provided they are under the supervision, care and conduct of a parent or guardian at all times. Parents and/or Guardians are responsible forthe care and control of their children, and will indemnify FNQATC against all and any loss or damage caused by or to such children".
14. In respect of all tickets you receive, you must comply and ensure that each subsequent holder of the tickets complies with these conditions and all relevant laws and regulations.
15. FNQATC makes no representation or guarantee that there is space available in any particular viewing area within the Course, or that there will be space in any viewing area so as to allow you to view any particular Event.
16. Tickets to an Event must not, without the prior written consent of FNQATC, be offered for resale (by any means), resold or packaged or used for advertising, promotion or other commercial purposes (including competitions, giveaways or trade promotions) or to enhance the demand for other goods or services. If a ticket is sold or used in breach of these conditions, the bearer of the ticket may be denied admission, and other action may be taken, without refund.
17. If you obtained your ticket other than from FNQATC or authorised ticket resellers, your ticket may be counterfeit or have been reported lost or stolen. If you are in possession of a ticket which is counterfeit, or which has been reported lost or stolen, you will be refused entry or removed from the Event at FNQATC’s sole discretion. FNQATC is not obligated to replace tickets under any circumstances, including but not limited to, loss or theft. FNQATC reserves the right, however, to replace a ticket which has been lost or stolen and charge a fee for that replacement, at its sole discretion.
18. If you are requested by FNQATC, or a person authorised by FNQATC, you must produce your ticket for inspection. Tickets which are unreadable due to mutilation of any kind will not be accepted. Should you fail to produce your ticket, FNQATC retains the right to remove you from the Event. In relation to the Members Area at the Course, should you fail to produce your Member or Guest pass for that particular area, FNQATC retains the right to remove you from the Course.
19. Unless you hold a ticket or pass allowing entry to a reserved area (including without limitation Members Area, Garden Party area and Corporate Marquee area), you must not enter or remain in a reserved area. If you hold a ticket or pass for a particular reserved area you must only enter the particular reserved area indicated on your ticket or pass.
20. You must not, without express authorisation of FNQATC, enter the racetrack itself or stalls or any area where the movement of horses occurs or any area of the Course where persons including ticket holders are prohibited to enter (as indicated by fencing, cordons, locked doors, signage or otherwise). If you do so you may be expelled from the Course, banned from attending the Course in the future and subject to legal action.
21. You must not enter the inlet at the Club Dinner nor cause any other person to enter the inlet. If you do so, you will be expelled from the Club Dinner and may be banned from attending the Club Dinner in the future and be subject to legal action.
22. For the comfort and safety of persons at an Event, you are not permitted to bring into the Event (or have in your possession at the Event) any of the following without the consent of FNQATC:
(a) alcoholic beverages;
(b) any structure or item that may be used to erect a structure (including without limitation 'market' or 'beach' umbrellas or similar large umbrellas, portable shade structures or gazebos), or which is capable of supporting the weight of a person including, without limitation, any chairs, lounges, benches or stools (other than a folding fabric chair or folding fabric stool);
(c) prohibited weapons or controlled weapons within the meaning of the Weapons Act 1990 (QLD) whose possession would constitute an offence under that Act or articles capable of being used as weapons or anything which may be used in a way which adversely affects the safety of persons at the Event, damages property or interferes with the comfort of persons at the Event or with their enjoyment of the Event;
(d) any object that could be used to distract, hinder or interfere any animal or person taking part in an Event, or disrupt or interrupt any Event, whether intentionally or otherwise including (without limitation) a laser pointer device (or a device incorporating a laser pointer);
(e) any animals (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dog);
(f) any flags larger than 1 metre x 0.60metre or with handles longer than one (1) metre or any banner;
(g) any whistle, loud hailer, public address system, electronic or other broadcast device or any device which may interfere with electronic or radio communications or broadcasting signals or equipment used by FNQATC or other persons authorised by FNQATC in connection with the Event;
(h) any fireworks, flares or distress signals;
(i) any item that you intend (or such quantities of the item from which FNQATC can reasonably infer that you intend) to distribute, hawk, sell, offer or expose for sale;
(j) any dangerous goods (as determined by FNQATC) (as that term is defined in Part 1, Division 4 , Section 9 of the Dangerous Goods Safety Management Act 2001(QLD) as amended;
(k) any object, device or substance that may be used to deface or damage any part of the Event including (without limitation) any spray paint or permanent markers;
(l) any torn up or shredded paper, confetti, rice, streamers or similar items;
(m) save for any designated public car parking area at the Event, any vehicle or transportation device including without limitation, any motorcar, motorcycle, motor scooter, bicycle, scooter, skateboard, roller skates or roller blades, but not including any wheelchair or similar apparatus which you require as a result of a disability or impairment;
(n) any item (including without limitation any article of clothing, poster or sign) bearing any image, slogan or text which is indecent, discriminatory, obscene, insulting or threatening or which may be offensive to other persons present at the Event or is in competition with any of the Sponsors of the Event (as determined by FNQATC in its sole discretion);
(o) private security providers;
(p) generators; or
(q) any form of lighting or illumination device.
Any consent given by FNQATC may be revoked by FNQATC. If such consent is withdrawn, or if no consent was obtained, you must immediately remove or hand to FNQATC the offending article or immediately leave the Event through the nearest exit.
23. Unless authorised beforehand by FNQATC in writing you must not, while at an Event:
(a) pick any flower or injure or uproot any tree, shrub, flower or other plant or disturb or interfere with any fauna;
(b) climb or attempt to climb or remain on any tree or structure;
(c) post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence;
(d) distribute any printed or visual matter or distribute, display or promote any advertising or promotional material or samples of goods or services;
(e) distribute, hawk, sell, offer or expose for sale any goods or services or solicit or collect subscriptions, donations, money or orders from persons present at the Event;
(f) misuse, deface, damage, remove from the Event or tamper with or attempt to misuse, deface, damage, remove from the Event or tamper with any building, seat, chair, table, table decoration, table setting, structure, vehicle, craft, truck, pipe, tap, tap fitting, conduit, electrical equipment, wiring, or sign or excavate or cause to be excavated any part of the Event;
(g) block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, underpass, pontoon, bridge, passage, entry or exit;
(h) deposit litter, except in a receptacle provided for that purpose;
(i) throw or attempt to throw any stone, bottle or other projectile;
(j) disrupt, interrupt or behave in any manner that may disrupt or interrupt the Event, distract, hinder or interfere with a participant in an Event or interfere with the comfort of other persons at the Event;
(k) use offensive, indecent or obscene language or threatening or insulting words or otherwise behave in an offensive, threatening, abusive, riotous, indecent or insulting manner;
(l) urinate or defecate otherwise than into a receptacle specifically provided for that purpose by FNQATC;
(m) interfere with, obstruct or hinder FNQATC, or persons authorised by FNQATC, in the exercise of their powers, functions or duties;
(n) operate or use a loud hailer, public address system or other broadcast device;
(o) conduct public surveys or opinion polls without the written consent of FNQATC;
(p) conduct entertainment without a licence from FNQATC;
(q) smoke in a licensed venue; or
(r) act in a manner that may startle, 'spook', distract, interfere with or cause harm to any horse present at the Course, or to any person in proximity to any horse present at the Course.
24. FNQATC or persons authorised by FNQATC may, in their sole discretion, prevent you from entering an Event or evict you from an Event, if FNQATC or persons authorised by FNQATC reasonably believe that you are under the influence of alcohol or drugs. You agree that this paragraph 24 does not obligate FNQATC to undertake any monitoring or compliance methods to ensure that persons present at the Event are not intoxicated, and FNQATC will not be responsible for the conduct of intoxicated persons who are present at the Event, or persons who became intoxicated at the Event, and any damage or injury caused by such persons. This paragraph 24 does not seek to exclude any legal responsibilities that FNQATC or persons authorised by FNQATC may have in relation to the responsible service of alcohol at the Event.
25. You agree not to hold yourself out or otherwise promote yourself or any good or service as being associated with an Event or FNQATC.
26. Unless authorised by FNQATC in writing, you must not bring into or use within the Event any photographic or video cameras or equipment that FNQATC, in its absolute discretion, deems unacceptable for the purpose of paragraph 27 below, which may include (without limitation) camera tripods, monopods or professional photographic or video cameras or equipment.
27. Unless authorised by FNQATC in writing, you must not take or make any video recordings, films, still pictures, photographs or any other images within the Event nor use, publish or distribute any images, for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person taking or making the images. On request by FNQATC you must assign to FNQATC in writing on a royalty free basis all intellectual property in the images and irrevocably consent to FNQATC (and any other person authorised by FNQATC) doing anything which, but for the consent, would or might infringe moral rights in the images.
28. Unless authorised by FNQATC in writing you must not, while present at the Event, make, record or distribute any broadcasts, telecasts, commentary, interviews, news reports or statistics (by any means in any format or media including any such commentary made by mobile phone or other wireless communications device) pertaining to the Event.
29.You agree and acknowledge that, to the extent permitted by law, FNQATC will not be liable for any loss or damage suffered by you or caused by any acts or omissions of FNQATC or employees, agents or contractors of FNQATC, or any other persons present at the Event. Nothing in this paragraph 29 or these conditions affects any liability that FNQATC may have for any:
(a) breach by FNQATC of any express term of these conditions;
(b) breach by FNQATC of any term implied into these conditions under the general law; or
(c) tort committed by FNQATC.
Any liability of FNQATC to you under these conditions or otherwise will not extend to loss of chance, profits, revenue, income, dividends or winnings or indirect or consequential loss.
30. You indemnify FNQATC against liability for or in respect of any claims, demands, actions, suits or proceedings, costs, expenses, loss, damage, injury or death of any person arising out of or in connection with any of your acts or omissions while at the Event.
31. Nothing in these conditions of entry affects your rights under the Trade Practices Act 1974 (Cth), the Fair Trading Act 1989 (QLD) or similar legislation regarding implied conditions or warranties.
32. You acknowledge that FNQATC and third parties authorised by FNQATC may make or record film, photographs or other forms of moving picture, still picture or any of them of an Event (including, without limitation, of persons attending or viewing the Event). Unless you otherwise reach an agreement with FNQATC, you hereby grant FNQATC and third parties authorised by FNQATC permission to use photographs, film, tape, or other images or likenesses of yourself, in any media (including publication within and outside Queensland, Australia) and for any purpose (including promotional purposes) without identification or compensation or payment of any kind.
33. FNQATC may collect personal information about you to the extent necessary for it to operate an Event and to help promote the Carnival. In particular, FNQATC may collect your name, postal address, email address and phone number for the purpose of coordinating the seating and/or viewing arrangements at an Event and of conducting research, marketing and promotional activities in relation to the Carnival.
34. FNQATC may disclose the personal information held by FNQATC to contractors and service providers engaged by FNQATC to help the administration process, provide its services and conduct research, marketing and promotional activities on behalf of FNQATC.
35. In order to enhance security and protect the safety of persons present at an Event, the FNQATC (and contractors engaged by FNQATC) may operate surveillance equipment within the Event, including security cameras. By entering an Event you consent to information about yourself (including images) being recorded by such surveillance equipment and to the FNQATC disclosing the information recorded to anyone (including without limitation law enforcement bodies and persons involved in relevant legal or disciplinary actions) to the extent that FNQATC deems such disclosure to be necessary so as to protect FNQATC’s lawful interests, the public interest or the safety of persons or property present at the Event.
36. Patrons have certain rights to access their personal information held by FNQATC and can request access by contacting the FNQATC office at PO Box 5326, Cairns QLD 4870 or by email firstname.lastname@example.org
37. You may access these conditions (and other conditions pertaining to an Event) at www.cairnsamateurs.org.au or by contacting the FNQATC office as per paragraph 36.
38. You acknowledge and agree that any part of these conditions which contravenes the law of the relevant jurisdiction will not be enforceable, however such conditions (or part or parts thereof) are severable and do not invalidate the remaining conditions.