This agreement sets out the terms on which the Event Host (You, Your) will be registered with the Nature Festival of South Australia (Nature Festival, Us, We or Our) to participate by hosting an event in the 2021 Nature Festival of South Australia (Nature Festival).
By registering your event in the Nature Festival, You agree to be bound by the terms and conditions contained in this Agreement.
1.1 This Agreement is only for the 2021 Nature Festival and ends on 1 Nov 2021 unless:
1.1.1 your event registration is not accepted by Nature Festival under clause 3.2; or
1.1.2 this Agreement is cancelled or terminated earlier in accordance with clauses 4 or 7.
2. REGISTRATION OF EVENT
2.1 You warrant that all information supplied to us in relation to your event as part of the registration process, including any and all future information supplied to us by You, has been reviewed, accepted and confirmed by you and is accurate and correct. If at any time You become aware that You have provided us information which is not accurate and correct, You undertake to immediately notify us of that fact.
2.2 Submission of registration of your event does not guarantee that your event will be accepted by the Nature Festival.
2.3 You have the opportunity to make changes to the information provided to us up to and including 10 Sept 2021. If You request changes to your event information after 10 Sept 2021, those changes may be made at the Nature Festival’s sole discretion.
2.4 Images included in the program must be approved by the Nature Festival and will be included at the Nature Festival’s discretion.
2.5 By uploading images or other works during event registration, You warrant and undertake to Us that you hold or have obtained all necessary rights and permissions for the use of such images or other works (including, where relevant, any third parties which may hold intellectual property rights in relation to the images or other works).
2.6 You grant the Nature Festival a non-exclusive, royalty free perpetual licence to reproduce any images, text or other works provided by You to promote and publicise the Nature Festival.
3.1 Eligibility to Participate
3.1.1 Your event must:
(a) take place in South Australia (unless it is a filmed, pre-recorded or streamed event that is intended to be viewed using a video viewing or streaming service or provider);
(b) be available to the public (ie not ‘members only’ or ‘invite only’);
(c) connect in a meaningful and demonstrable way to deepening our relationship with nature in South Australia.
3.1.2 An event with the selling or trading of goods as its main focus is not eligible to participate in the Nature Festival.
3.2 Acceptance of Registration
3.2.1 The Nature Festival reserves the right in its sole discretion to not accept the registration of your event or to not accept any content relating to your event including but not limited to the following reasons:
(a) your event does not comply with clause 3.1.1 and 3.1.2;
(b) your event or any content relating to your event:
(i) is liable to incite racial, ethnic, gendered or homophobic hatred or promotes hatred of any particular community or persons; or
(ii) constitutes or encourages conduct that would be considered as a criminal offence or is otherwise contrary to law including freedom of expression legislation and third party contractual rights; or
(iii) is detrimental or is likely to cause damage to the reputation of the Nature Festival or the sponsors or stakeholders of the Nature Festival.
3.3 Use of Aboriginal and Torres Strait Islander Traditional Knowledge
3.3.1 If your event involves the use of Aboriginal or Torres Strait Islander traditional knowledge or intellectual property, you must:
(a) to the extent required by applicable laws, seek free, prior and informed consent and/or involvement from the relevant traditional owners (ie consent given voluntarily and without coercion, intimidation or manipulation);
(b) respect Aboriginal and Torres Strait Islander Peoples’ ownership of their traditional knowledge and the cultural protocols associated with it;
(c) endeavour to hire and remunerate Aboriginal providers to share traditional knowledge first hand where applicable; and
(d) attribute any known owners of the traditional knowledge or intellectual property wherever it is used.
4.1 If You choose to withdraw your Event from the Nature Festival program, you must give written notice to the Nature Festival as soon as possible.
4.2 The Nature Festival may cancel your event at any time if it becomes aware of any offending material or content within the meaning of clauses 3.2.1(b)(i), 3.2.1(b)(ii) or 3.2.1(b)(iii).
4.3 If your event is cancelled or withdrawn from the Nature Festival:
4.3.1 You must advise any registered attendees, the public and your venue of the withdrawal or cancellation of your event; and
4.3.2 the Nature Festival will update your event listing on the Nature Festival website.
5. FORCE MAJEURE
5.1 For the purposes of this clause 5, “Force Majeure Event” means the following events or circumstances:
5.1.1 fire, flood, earthquake, elements of nature, acts of God, malicious damage, epidemic, pandemic, explosion, sabotage, riot, civil disorder, rebellion or revolution;
5.1.2 any change of law executive or administrative order or act of either general or particular application of any government, or of any official acting under the authority of that government, prohibition or restriction by domestic or foreign laws, regulations or policies, quarantine or customs restrictions,
which the Nature Festival:
5.1.3 did not cause; and
5.1.4 cannot prevent, control or influence.
5.2 Where a Force Majeure Event occurs the Nature Festival may take such steps as it deems necessary to mitigate or address the impact of the Force Majeure Event including but not limited to cancelling or postponing the Nature Festival.
5.3 The Nature Festival and the Crown in right of the State of South Australia are not in any way responsible or liable for failure to perform this Agreement to the extent and for so long as its performance is prevented or delayed because of a Force Majeure Event.
5.4 The Nature Festival will, as soon as is reasonably practicable, notify you in writing providing details of the expected effect of the Force Majeure Event.
6. LIABILITY AND INDEMNITY
6.1 You accept that You, your staff and volunteers participate in the Nature Festival wholly at your and their own risk. We are not liable for any loss or damage incurred by you, your staff or volunteers in participating in the Nature Festival.
6.2 You warrant to us that you have obtained all necessary licences and permissions from all parties interested in the copyright and other intellectual property rights whatsoever, and you indemnify us in respect of any claims, damage, loss, liabilities, costs, charges or expenses that are suffered or incurred by us as a result (whether directly or indirectly) of your failure to obtain any and all such necessary licences or permissions or to pay any relevant fees in relation to the same.
6.3 You indemnify us against any and all claims, actions, damage, loss, liabilities, costs, charges or expenses arising, suffered or incurred by us as a result of your event (whether directly or indirectly) including any act or default by You, your venue, agents, staff or volunteers in connection with the conduct of the event or the use of your venue for your event.
6.4 You are wholly responsible for the safety of all persons present at your event.
6.5 You are responsible for arranging and paying for all insurances for your event including any public liability insurance for a minimum of $10,000,000.
7.1 We may terminate your participation in the Nature Festival with immediate effect by giving written notice to you:
7.1.1 if you have breached this Agreement and the breach is not remedied by You within 5 business days of notice from us in writing ; or
7.1.2 if the Nature Festival has cancelled your event registration under clause 4.2; or
7.1.3 if you have withdrawn your event from the Nature Festival under clause 4.1; or
7.1.4 for convenience and without cause; or
7.1.5 if the Nature Festival is cancelled for any reason.
7.2 Subject to clause 8, You are not entitled to any compensation in the event of termination under clause 7.1 of this Agreement.
8. EVENT MANAGEMENT
8.1 You are responsible for managing your event including (but not limited to) venue hire, bookings for attendees and promotion of your event. All details must be finalised before submitting registration. You agree to cover all costs involved in holding and managing your event.
8.2 If places are limited at your event, You must not open bookings until the program is officially released.
8.3 It is your responsibility to obtain all necessary licenses and permissions required for your event, including but not limited to any liquor licensing requirements and any intellectual property rights, licenses or permissions.
8.4 You agree to acknowledge that your event is part of the Nature Festival in promotional materials and to use the Nature Festival logo (download from website) in accordance with any style guides or other relevant policies determined by the Nature Festival.
8.5 You agree to do what You can to make your event accessible to visitors with disabilities and to provide clear information about access for your event.
9. HEALTH AND SAFETY
9.1.1 You must:
(a) ensure that your event and venue complies with all State and Federal Government laws, regulations, directions, requirements, crowd restrictions and health practices in relation to COVID-19;
(b) complete and update any COVID Safe Plan or a COVID Management Plan required by law. Visit: https://www.covid-19.sa.gov.au/ for more information; and
(c) manage staffing and ensure your staff and volunteers comply with any applicable COVID-19 isolation requirements.
9.2.1 By participating in the Nature Festival, you are solely responsible for ensuring all persons involved in running your event who are likely to work with children have a current Working with Children Check. For more information, visit: https://screening.sa.gov.au/
9.2.2 You and/or your venue are wholly responsible for the safety of your attendees, staff, volunteers and other individuals or parties involved in your event.
10. REPORTING AND FEEDBACK
By taking part in the Nature Festival, you agree to report visitor numbers and provide feedback by completing the Event Host survey by 30th Oct. 2021.
11. GOVERNING LAW
This Agreement is governed by the law of South Australia and the Courts of South Australia have jurisdiction to determine any proceedings in relation to these terms.