Terms and Conditions

for 3rd Zingce Arts Festival: Mzansi Day Celebration

General

1. Purchase of tickets for the Zingce Arts Festival is governed by the below "Terms and Conditions." These "Terms and Conditions" also govern use of the tickets and attendance at the Zingce Arts Festival.

2. In these "Terms and Conditions," certain words and phrases have specific meanings:

  • The site means the site, i.e. The Ark Venue Hire, where the Zingce Arts Festival takes place.

  • "We", "Us", "Our" or related words refer to Zingce Afrikan Roots (Pty) Ltd.

  • "You", "Your" or related words refer to the buyer of the tickets and, as relevant, anyone using the tickets.

3. Any words following “including”, “includes”, “for example”, “in particular” or any similar expression are illustrative only and do not change the sense of the wider clause they are used in.

Admission

4. We have the right to not admit you to the site or to require you to leave the site. If we do this for any of the reasons listed in Clause 5 below, you will not be entitled to any refund. If we do it for any other reason, you will be entitled to a refund of the ticket price (except where Clause 28 applies).

5. You are not entitled to a refund if we refuse you admission or require you to leave the site where, in our reasonable opinion (or the reasonable opinion of anyone working for us):

a. You are under the age of 18 and not accompanied by an appropriate adult;

b. You have no ticket;

c. Your ticket has already been used by someone else, has been bought from an unauthorised reseller, or is fake;

d. You are under the influence of drugs, or behave inappropriately under the influence of alcohol;

e. You behave inappropriately in a way that causes or is likely to cause distress to other people (and that behaviour either continues after a warning or is so bad that it is reasonable to refuse admission or require you to leave the site without a prior warning);

f. You breach any of the rules set out below under the heading “Site Rules”; or

g. You present a risk to the safety of other people or the safe operation of the Zingce Arts Festival.

6. If you have any disabled access requirements, please email zingceartsfest@gmail.com as far as possible in advance and we will do our best to accommodate your needs, though the site is a working farm and we cannot guarantee that you will be able to access all facilities. If you turn up without making prior arrangements it is more likely that you will not be able to access all facilities. The basic facilities are, however, accessible to all.

7. Ticket holders must exchange their ticket for a stamp or wristband on arrival. This must be worn at all times for the duration of the event – you may be asked to leave if you do not have a stamp or are not wearing a wristband.

8. No animals will be admitted to the site other than assistance dogs for the disabled.

9. As referred to above, if you are under the age of 18 you must be accompanied by an appropriate adult, who must be your parent, guardian or nominated guardian. We (including our volunteers or anyone working with us) may ask you for proof of age or your accompanying adult for proof of parentage or authority as your guardian.

10. The gates will open at 08h00am on Sunday for 10h00am. It is your responsibility (not ours) to ensure that you take into account the time it may take to queue for entry – we suggest allowing at least 30 minutes at peak time.

11. You will NOT be allowed to leave and re-enter the site.

12. You will be searched before you are admitted to the site. Any items which you are not allowed to have on the site (as set out in Clause 18 below) may be confiscated, temporarily or permanently (though you will normally be given the chance to take the items away and re-join the queue from the back without those items).

13. Please note there are restricted capacities at any stage to the site or similar structure; and once they reach maximum capacity there will be no further admissions to the site or structures. You are not guaranteed admission to these areas.

Site Rules

14. Please respect the site and use the bins provided.

15. Fires are not permitted in any area and will be extinguished.

16. You must not tackle any dangerous situations, including (but not just) fires, but should instead report situations like this to one of our stewards, volunteers, security guards, first-aiders or other workers.

17. Strictly no trading is allowed on the site without written permission from us.

18. No Entry after 4PM.

19. No negative attitude or energy will be allowed.

20. Strictly no acts of discrimination, violence or hate speech against any groups, staff members, service providers or fellow arts festival goers will be tolerated.

21. You are not allowed to bring or have the following things on the site:

a. Professional photographic or recording equipment;

b. Laser pens or similar devices;

c. Any psychoactive substances, illegal drugs or other illegal substances (sometimes known as “legal highs”);

d. No glasses allowed. All beverages must, therefore, be in tins or water bottles;

e. Chinese lanterns, fireworks, flares, smoke canisters or any similar item;

f. Air horns, klaxons, megaphones or any similar item;

g. Any personalised motorised vehicle inside the site (but mobility vehicles and wheelchairs are allowed);

h. Any radio communicators;

i. Personal generators;

j. Leisure batteries or vehicle batteries (lithium-ion “power bank” batteries with the “CE” mark are permitted);

k. Braai stands of any sort, camping stoves of any sort or any other heat-producing cooking equipment;

l. Any other illegal thing; or

m. Any other thing which, in our reasonable opinion (or the reasonable opinion of anyone working for us) is a threat to the safety or well-being of yourself or others or to the rights of our authorised traders.

22. You must not smoke in any enclosed spaces or other areas which any signs say are no-smoking areas. This includes e-cigarettes (and similar things).

23. You can bring Soaps, Shampoos, Cosmetics and other personal hygiene items (in 500ml non-glass containers or less).

24. Hookah/Shishas/Hubbly Bubblies are allowed.

25. You may use your phones to takes pictures and/or record videos; but you may not record any video or audio footage of any performances or artistic work, which can be used for professional purposes, using specialised photographic or recording equipment.

26. Whilst on the site you must comply with any reasonable instruction which is given to you by someone working for or with us and which relates to safety, the enforcement of these terms and conditions, or the smooth running of the event.

27. Sleeping in vehicles is NOT permitted in any car park. Tents are NOT allowed in car parks. Personal event shelters or similar structures are permitted at the discretion of one of the Organising team member only when sufficient space is available (and must be taken down if requested by someone working for or with us).

28. Any vehicles on the site must remain stationary once you have arrived and until you finally depart.

29. Any vehicles not cleared off the site by 8h00am on Monday the 4th December 2023, following the event, may be towed away and we may charge you a reasonable amount to cover our costs of this before your car is released to you

30. Please remember to respect the environment and leave no trace.

31. No litterbugs.

Alcohol Rules

32. Alcohol is permitted, provided that it is carried inside a Cooler-box and paid for and in tins or water bottles (See Clause 18.C).

33. Price per Cooler-box is R100 (even at the gate).

34. All Cooler-boxes must have Cooler-box tickets.

Ticket Rules

35. We will not issue duplicate tickets. It is your responsibility to keep your tickets safe.

36. You must not re-sell (or allow anyone else to re-sell) your ticket without our express written permission. You must not re-sell or transfer any ticket if you are doing so in the course of business. If you have bought your ticket from someone who breached these restrictions, your ticket will not be valid and we will not owe you any refund – it is your responsibility to check that you have bought a valid ticket if you are buying from our authorised re-seller.

37. No tickets may be used for competitions or promotions without our express written permission.

Kiddies Korner Rules

38. Children under the age of 13 enter for free.

a. The children will only be granted access provided that they are under the supervision of a parent/s or legal guardian/s; and

b. Only a maximum of 3 children per parent/s or legal guardian/s will granted access.

39. The kiddies Etertainment Korner will:

a. Start operating at 10h00 and stop at 17h00;

b. Have a set of its own rules which the children will be expected to abide by. Failure for a child to follow the rules will result in them not being granted access to the entertainment activities of the day;

c. Have Volunteers allocated to assist with minding the Children, but the overall safety and protection of children will be the responsibility of the parent/s or guardian/s; and

d. Along with Zingce Afrikan Roots; Zingce Arts Festival and all parties affiliated with the company and the project; will not be held responsible for all injuries or harm that may befall any children using the Kiddies Entertainment Korner facilities, including loss of life;

Cancellation

40. If we cancel the Zingce Arts Festival (in whole or in part):

a. We will do our best to give as much advance notice as possible to the person who bought the tickets, using the contact details given to us at the time of buying;

b. If the event (or any cancelled part of it) is re-scheduled to another date, we will do our best to give details to the person who bought the tickets, using the contact details given to us at the time of buying;

c. Your ticket to the cancelled event will be valid for any re-scheduled event or, if there is no re-scheduled event, the equivalent event the following year (if there is one). This does not apply if the event is cancelled part-way through due to reasons outside our reasonable control;

d. If the cancellation is due to reasons within our reasonable control and is a cancellation of the whole event covered by your ticket, you will be entitled to a refund of the price shown on the affected ticket;

e. Cancellation due to extreme weather or a major incident is not within our reasonable control. The plan of action will, however, communicated on the appropriate channels and platforms, moving forward; and

f. The wording above sets out your entire remedy relating to any cancellation by us and we will not be liable to you for any other costs, losses or similar that you may have as a result of or relating to the cancellation. (We recommend that you consider travel insurance to cover any costs, losses or similar not dealt with above.)

Legal Matters

41. We will do our very best to ensure that the content and participating artists of the Zingce Arts Festival are as advertised, but sometimes things change despite our best efforts (and sometimes at short notice) so we reserve the right to change the advertised content and participating artists on-the-day timings without prior notice.

42. We reserve the right to change the admission requirements and the site rules set out in these terms to the extent strictly necessary to ensure safe management of the site and compliance with any changes in law, regulations, or the terms of our use of the site. We will do our best to give you as much advance notice of those changes as possible, but in any case they will apply as soon as they are communicated to you.

43. Please note that amplified sound and strobe lighting are likely to be used at the event – it is your responsibility to take appropriate precautions against any negative effects these things may cause you.

44. CCTV may (in future) be in use on and around the site, for the purposes of public safety and the prevention and detection of crime. Unless signage at the site says otherwise.

45. You may feature in photographs and recordings taken by us (or on our behalf) at the event, which we may then use for promotional or other commercial purposes.

46. Important – Limitation of Liability: These terms do not limit or exclude any liability which, by law, cannot be limited or excluded. Otherwise, our maximum liability to you in respect of any matter arising out of or in connection with the Zingce Arts Festival or your purchase of a ticket is limited to the total price paid to us for your ticket(s) (or, in the case of cancellation by us, is limited as set out in Clause 28 above).

47. The Regulation of Gatherings Act 205 of 1993 govern the above terms and conditions and the South African Courts have exclusive jurisdiction over any disputes arising as a result of the above mentioned.

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