CLARA ANNA FONTEIN ESTATE
LIVE MUSIC CONCERT
The Estate Lawn, Clara Anna Fontein Clubhouse
TERMS AND CONDITIONS OF TICKET PURCHASE AND ENTRY
IMPORTANT NOTICE: Clara Anna Fontein is a private, access-controlled residential estate. Entry to the Estate is strictly limited to registered residents and their personally invited guests who hold a valid access code issued by a resident homeowner. Purchase of a ticket does NOT, by itself, entitle any person to enter the Estate. Failure to present a valid access code at the security gate will result in refusal of entry with no refund.
In these Terms and Conditions, unless the context indicates otherwise:
• "CAF POA" means the Clara Anna Fontein Property Owners Association.
• "Estate" means the Clara Anna Fontein private residential estate, Durbanville, Western Cape.
• "Event" means the Live Music Concert to be held on the Estate Lawn below the Clubhouse on the date and at the time published by Computicket.
• "Homeowner" means a registered owner of an erf within the Estate who is a Member of the CAF POA.
• "Access Code" means the unique one-time pin (OTP) or other access authorisation issued by a Homeowner to an invited guest through the Estate's Community Portal or guest enrolment system.
• "Ticket Holder" means any person who has purchased a valid ticket through Computicket for the Event.
• "Resident Guest" means a person who has been personally invited by a Homeowner, has been issued an Access Code, and holds a valid ticket for the Event.
• "Estate Rules" means the Clara Anna Fontein Estate Rules dated April 2021, as amended from time to time.
Tickets for the Event are available exclusively to:
1. Registered residents of Clara Anna Fontein (Homeowners and tenants in good standing); and
2. Friends and family personally invited by a Homeowner or registered resident.
No member of the general public may purchase a ticket without prior invitation from a Homeowner or registered resident.
By completing the purchase of a ticket on the Computicket platform, the purchaser declares and warrants that:
3. They are either a registered resident of Clara Anna Fontein OR have been personally invited by a named Homeowner or registered resident;
4. They have obtained, or will obtain prior to arrival, a valid Access Code from the relevant Homeowner;
5. They have read, understood and agree to be bound by these Terms and Conditions and the Estate Rules;
6. All information provided during the ticket purchase process is accurate and complete.
Each Homeowner may sponsor a maximum number of guest tickets as determined by the CAF POA and published on the Computicket event page. The CAF POA reserves the right to adjust this limit in its sole discretion.
Entry to the Estate and the Event is conditional upon the Ticket Holder presenting, at the Estate security gate:
7. A valid printed or digital Computicket ticket bearing a unique barcode or QR code; AND
8. A valid Access Code issued by a Homeowner through the Estate's guest enrolment system.
Both items must be presented simultaneously. Possession of only one of these items will not entitle entry.
The following Estate security procedures apply to all Ticket Holders:
• All persons must enter through the designated visitor or event entrance as directed by Estate Management.
• Valid identification (identity document, passport or driver's licence) must be produced on request.
• Vehicle registration details may be recorded.
• Ticket Holders arriving on foot must register their fingerprints at the Security Control Centre as required by the Estate's biometric access system.
• Tailgating into the Estate is a serious breach of Estate security and will result in immediate ejection and referral to the CAF POA.
• Ticket Holders arriving after 22h00 must make prior arrangements with Estate security through the sponsoring Homeowner.
The CAF POA expressly reserves the right of admission. The CAF POA and its security contractors may refuse entry to or eject from the Estate any person who:
9. Cannot produce a valid Access Code;
10. Cannot produce a valid ticket;
11. Cannot produce valid identification when requested;
12. Is found to be under the influence of alcohol or narcotics;
13. Behaves in a manner that is threatening, disruptive or otherwise contrary to the Estate Rules;
14. Is not the person to whom the ticket was issued;
15. Has been previously banned from the Estate.
Refusal of entry or ejection in these circumstances does not entitle the Ticket Holder to any refund.
All Ticket Holders, once admitted to the Estate, are bound by the Clara Anna Fontein Estate Rules in full. Non-residents are held to the same standard as residents. The Homeowner who issued the Access Code accepts personal responsibility for the conduct of their guests.
Ticket Holders must:
• Keep noise levels at a generally acceptable level when moving through residential areas of the Estate.
• Comply with all directions from Event management and Estate security regarding noise.
• Not use the Estate streets or communal areas in a manner that constitutes a nuisance to residents.
The following traffic and parking conditions apply:
• The speed limit throughout the Estate is 40km/h; lower limits may be signposted and apply accordingly.
• Vehicles must be driven by persons holding valid driver's licences.
• Parking is only permitted in designated Event parking areas as indicated by signage.
• Parking on sidewalks, Private Open Spaces or in the street for more than 24 hours is prohibited.
• Trailers, caravans and boats may not be brought onto the Estate without the CAF POA's prior consent.
• No motorised vehicles may be driven on Private Open Spaces.
Ticket Holders are strictly prohibited from:
• Littering anywhere on the Estate.
• Entering Private Open Spaces or restricted natural areas.
• Picking, removing or damaging any fauna or flora.
• Swimming in any fishpond, lake, dam or water feature on the Estate.
• Fishing or boating on any dam.
• Lighting any fire other than in properly designated braai areas.
• Setting off fireworks (strictly prohibited on the Estate).
Alcohol may only be consumed in areas designated by Event management. Persons who appear to be under the influence of alcohol or illegal substances to a degree that poses a risk to themselves or others will be ejected from the Estate without refund. The legal drinking age in South Africa is 18 years. No alcohol will be served to persons under the age of 18.
No person may discharge any firearm, air rifle, crossbow or similar weapon anywhere on the Estate except in circumstances of self-defence, as provided for in the Estate Rules.
No pets belonging to Ticket Holders may be brought onto the Estate for the Event.
No Ticket Holder may conduct any commercial activity on the Estate during the Event without the prior written consent of the CAF POA. No canvassing, selling, distribution of pamphlets or advertising material is permitted.
Any Homeowner or registered resident who issues an Access Code to a guest for the Event:
16. Accepts personal and joint responsibility for the conduct of that guest while on the Estate.
17. Warrants that the guest is personally known to them and has been genuinely invited.
18. Is liable for any fines, costs or damages caused by the guest's breach of the Estate Rules.
19. Acknowledges that any fine imposed on a guest as a result of a breach will be debited to the Homeowner's levy account and must be paid within 14 days.
20. Understands that the CAF POA may, in appropriate circumstances, suspend the Homeowner's access privileges if their guests repeatedly breach the Estate Rules.
Tickets are personal and non-transferable. Resale of tickets is prohibited. Any ticket found to have been resold will be voided and the holder will be refused entry without refund.
• If the Event is cancelled by the CAF POA, a full refund will be processed by Computicket in accordance with Computicket's refund policy.
• If a Ticket Holder is refused entry due to failure to produce a valid Access Code or due to their own breach of these Terms and Conditions, no refund will be issued.
• Refunds will not be issued for ejections resulting from conduct breaches.
• Computicket's standard terms and conditions apply to all ticket purchases in addition to these Terms and Conditions.
The CAF POA reserves the right to alter the date, time, programme or layout of the Event. Material changes will be communicated via Computicket. No refund will be issued for minor changes to the programme.
Personal photography and video recording for private use is permitted at the Event. Commercial photography, videography or audio recording for broadcast, publication or commercial purposes requires the prior written consent of the CAF POA. By attending the Event, Ticket Holders consent to being photographed or filmed as part of crowd footage which may be used by the CAF POA for community and promotional purposes.
The CAF POA collects and processes personal information in accordance with its Privacy Policy dated June 2021 and the Protection of Personal Information Act 4 of 2013 (POPIA). By purchasing a ticket, Ticket Holders consent to:
21. The collection of their name, contact details and identification information for access control and security purposes.
22. The recording of vehicle and identification details at the Estate security gate.
23. The use of biometric fingerprint data for the purpose of pedestrian access control, as required by the Estate's security system.
24. The sharing of relevant information with the CAF POA's security contractor for access management purposes.
Personal information will be retained for a period of five (5) years and then destroyed in accordance with the CAF POA Privacy Policy. Information will be disclosed to law enforcement authorities where required by law.
Attendance at the Event is entirely at the Ticket Holder's own risk. The CAF POA does not guarantee the security of the Estate perimeter against all forms of intrusion. Residents and their guests acknowledge that the perimeter security serves as a deterrent and detection system only.
The Estate is surrounded by a high-voltage electric fence. By entering the Estate, all persons acknowledge the presence of the electric fence and indemnify the CAF POA and hold it harmless against any and all claims arising from contact with the electric fence, as provided for in the Estate Rules.
The CAF POA, its Trustees, Estate Manager, employees and security contractors shall not be liable for:
25. Any injury, illness or death sustained by a Ticket Holder while on the Estate or at the Event.
26. Any loss, theft or damage to personal property.
27. Any interruption to electricity or water supply.
28. Flooding or excess storm water damage.
29. Conduct of other attendees at the Event.
Each Ticket Holder indemnifies and holds harmless the CAF POA, its Trustees, Estate Manager and service providers against any loss, damage, cost or claim arising from or in connection with the Ticket Holder's breach of these Terms and Conditions, the Estate Rules, or any applicable law.
Breach of these Terms and Conditions constitutes a breach of the Estate Rules. The CAF POA may, in its sole discretion:
30. Issue a written warning.
31. Eject the offending person from the Estate immediately.
32. Impose a fine, which will be debited to the sponsoring Homeowner's levy account.
33. Report the matter to the South African Police Service where criminal conduct is involved.
34. Seek an interdict or other appropriate relief from a court of competent jurisdiction.
The CAF POA's zero-tolerance approach to vandalism applies at the Event. All damage caused by a Ticket Holder will be repaired at that person's or their sponsoring Homeowner's expense.
Any dispute between a Ticket Holder and the CAF POA arising from these Terms and Conditions is subject to the arbitration provisions contained in Rule 40 of the Estate Rules. Such disputes shall be:
35. Referred to arbitration in Cape Town;
36. Conducted under the Arbitration Act 42 of 1965;
37. Concluded within 21 business days where possible;
38. Presided over by an arbitrator agreed between the parties, or nominated by the President of the Law Society of the Cape of Good Hope.
The arbitrator's decision is final and binding and may be made an order of the Western Cape Division of the High Court of South Africa. Notwithstanding the foregoing, the CAF POA retains the right to approach any competent court for urgent relief, including an interdict, without first proceeding to arbitration.
These Terms and Conditions are governed by the laws of the Republic of South Africa. The Parties submit to the non-exclusive jurisdiction of the Western Cape Division of the High Court of South Africa and the Magistrate's Court having jurisdiction, as the case may be.
For queries regarding access codes, estate access or these Terms and Conditions prior to the Event, please contact the CAF POA Estate Office. For queries regarding ticket purchases, refunds or Computicket's own terms, please contact Computicket directly.
BY PURCHASING A TICKET YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These Terms and Conditions are issued by the Clara Anna Fontein Property Owners Association and operate in conjunction with and subject to the CAF POA Estate Rules (April 2021) and Constitution.
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