TERMS AND CONDITIONS
Ticketing and Conditions of Entry for Yarra Valley Racecourse
1. DEFINITIONS
Car Park means:
(a) the car parks and grounds controlled by or on behalf of the YVR and used for the parking of vehicles or other purposes, and includes any public car parks and unreserved members’ car parks; and
(b) any car park which is reserved for use by YVR members, YVR staff, corporate clients or contractors or volunteers participating in Events, but excludes Reserved Car Parks.
Course means Yarra Valley Racecourse and the Car Parks.
Course Conditions means these Ticketing and Conditions of Entry for Yarra Valley Racecourse as amended from time to time and posted at entrances to the Course, available from YVR’s website at yarravalleyracing.com.au or available from YVR on request.
Event means any particular event or series of events on a day, comprising horse racing and/or other sporting or entertainment activities, conducted at the Course by, or under authorisation from, YVR.
Membership Conditions mean the “Membership Conditions” as amended from time to time, which apply as terms and conditions of membership of YVR and are available on YVR’s website at yarravalleyracing.com.au or upon request.
Phantom Race Meeting: A phantom meeting is when there are no races, or no further races being held on site, however the course and its facilities remain open and operating to all patrons for the duration of the day
Third Party Administrative Charges means: (a) any non-refundable charges levied by any Ticket Seller other than YVR; and (b) any credit card fees, relating to the purchase of your ticket and any refund in relation to your ticket.
Ticket Seller means, in relation to a ticket, the seller of that ticket, except where that person is not authorised by YVR to sell that ticket on behalf of YVR. For the avoidance of doubt, where YVR has sold the ticket to You, YVR will be the Ticket Seller.
YVR means Yarra Valley Racing ABN 68 943 620 820.
You means the individual ticket holder or purchaser or entrant onto the Course.
2. GENERAL
2.1 Tickets to the Course are issued by YVR (or a third party authorised by YVR to issue tickets) and may be allocated by random ballot, first come first served or such other preferential or non-preferential method as determined by YVR in its absolute discretion. By entering the Course or receiving a ticket for entry to the Course, You are deemed to have accepted, and understood as binding on You, these Course Conditions and any accompanying risks, obligations and responsibilities. It is your responsibility to read and inform yourself of these Course Conditions.
2.2 Separate and additional conditions apply to Your (as applicable from time to time): Membership of YVR, use of Reserved Car Parks, use of Private and Shared Facilities, use of Members’ Dining and attendance at Members’ Events (as amended from time to time) in addition to these and any other terms and conditions as advised by YVR from time to time.
2.3 Nothing in these Course Conditions affects your rights under the Competition and Consumer Act 2010 (Cth), under which YVR gives You certain non-excludable consumer guarantees, including that YVR provides its services with due care and skill.
2.4 If You enter the Course, there is a possibility of an accident causing injury, death or property damage or loss, and You need to be aware that such risks exist. You acknowledge and agree that You enter the Course at your own risk. The risks associated with entry to the Course 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 (such as 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);
(c) harmful acts (whether intentional or inadvertent) committed by persons (such as intoxicated persons) present at the Course;
(d) collisions between vehicles, between vehicles and people or between vehicles and structures; or (e) vehicles being stolen, or items within vehicles being stolen.
2.5 You acknowledge that some areas of the Course:
(a) are exposed to the weather, including direct sunlight and heat, hail, rain and wind. YVR does not guarantee that there will be sufficient room for You to obtain shelter from such weather; and
(b) have either obstructed views or no views of the racetrack. YVR does not guarantee that all areas of the Course will have clear viewing of all parts of the racetrack.
2.6 Whilst at the Course, 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 Course for items which are not permitted to be brought into the Course.
2.7 If You breach these conditions, or YVR (with reasonable cause) so directs, You may:
(a) be refused entry to the Course;
(b) be removed from the Course;
(c) have your ticket confiscated or cancelled without refund;
(d) have your car towed (at your expense);
(e) be reported to an appropriate law enforcement body; or
(f) be subject to disciplinary action under the Membership Conditions, if a member of YVR. This clause does not limit the rights available to YVR under these conditions or otherwise at law.
2.8 You must comply with all reasonable directions given by YVR or persons authorised by YVR. YVR or a person authorised by YVR may, at any time, inspect any vehicle, bag, basket or other receptacle or require You to turn out your pockets.
2.9 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 YVR’s attention, You may call the YVR help line on (03) 9730 1332. You should do this as soon as possible so as to assist YVR to provide You with a helpful response.
3. CANCELLATION, POSTPONEMENT AND RELOCATION OF EVENTS
3.1 The schedule for an Event (whether published or otherwise) and its proposed format are only provisional and subject to change due to adverse weather conditions or other reasons. YVR reserves the right to cancel, postpone or relocate Events, change which participants are in an Event or the format of or any other element of an Event or which Events take place on a particular day or the schedule of Events for that day, or arrange a substitute Event. There is no guarantee of viewing any planned participant in an Event or of viewing any particular Event. Subject to clause 2.3 and to any right of refund or exchange under clause 4, YVR is not liable to You for any losses, costs or damage You suffer or incur as a result of any cancellation, postponement or relocation of an Event, any changes as to which participants are in an Event or in the format of or any other element of an Event or as to which Events take place on a particular day or in the schedule of Events for that day, or the arrangement of a substitute Event.
4. REFUNDS
Your rights to a refund of the cost of an admission ticket and/or hospitality package are as follows;
4.1 If for any reason, a booking is cancelled the following conditions apply: (a) More than 21 days prior to the event - 20% cancellation fee applies. (b) Within 21 days of the event – non refundable. (c) YVR will fully refund any customer who; o contracts Covid-19 o displays Covid-19 symptoms o is required to isolate before or after undertaking a Covid-19 test
4.2 Should the race meeting be cancelled, the following conditions will apply:
(a) Cancellation due to Federal or State Government Covid-19 restrictions that do not allow the event to continue will be fully refunded.
(b) Cancellation of the meeting prior to the start of racing, the club will recover its costs and refund the balance to the customer. No refund is payable once racing has commenced.
(c) Should the club decide to continue with running a Phantom Race Meeting, refunds on ticket entry will only be available providing you take your ticket stub to the ticket box located at any entry point within 60 minutes of the race meeting being cancelled (no refund on packages will be available when a phantom meeting is conducted).
4.3 If You are entitled to a refund under this clause 3 You must return the relevant admission ticket to the Ticket Seller in order to obtain your refund. No refunds will be granted in relation to an admission ticket unless and until it has been returned to the Ticket Seller and is received by the Ticket Seller within 14 days after the date of the Event for which You are seeking such refund. If YVR is the Ticket Seller, You should write to the Customer Service Manager, YVR at PO Box 78, Yarra Glen, Victoria 3775 to arrange your refund or exchange. If You believe that You have a valid request for a refund or exchange in relation to admission tickets that is not addressed by clauses 3.3 (a) or 3.3(b) above, then You may write to YVR’s Customer Service Manager at PO Box 78 Yarra Glen, Victoria 3775, accompanied by the relevant admission ticket annexed to a statutory declaration signed by You and properly witnessed, explaining the circumstances in which You request a refund, to have your request considered on an individual basis. YVR will advise if a refund or exchange will be provided.
4.4 You acknowledge and agree that any part of these Course Conditions which contravenes the law of the relevant jurisdiction will not be enforceable, but that such conditions (or part or parts thereof) are severable and do not invalidate the remaining clauses of the Course Conditions.
5. TICKETING
5.1 No ticketing will be issued until full payment is received and all funds cleared.
5.2 If You are under 18 years of age at the time of purchase of a ticket, You may only purchase tickets and attend the Course under the supervision of your parent(s) or guardian(s). Where You are a parent or guardian of a person under 18 years of age, You are deemed to have accepted on behalf of that person, and understood as binding, these Course Conditions and any accompanying risks, obligations and responsibilities.
5.3 In respect of all tickets You receive, You must comply, and ensure that each subsequent holder of the tickets complies, with these Course Conditions and all relevant laws and regulations.
5.4 YVR 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 to allow You to view any particular Event.
5.5 Tickets to the Course must not, without the prior written consent of YVR, 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 has been sold or used in breach of these Course Conditions, the bearer of the ticket may be denied admission, and other action may be taken, without refund.
5.6 If You obtained your ticket other than from YVR or anauthorised ticket agency or reseller, your ticket may be counterfeit or may 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 may be refused entry or removed from the Course at YVR’s sole discretion. “Counterfeit” tickets include duplicate copies of e-tickets and any other unauthorised copy of a ticket. YVR is not obligated to replace tickets under any circumstances, including (but not limited to) loss or theft. YVR reserves the right, however, to replace a ticket which has been damaged, lost or stolen and charge a fee for that replacement, at its sole discretion.
5.7 If You are requested by YVR, or a person authorised by YVR, You must produce your ticket for inspection. Tickets which are unreadable due to mutilation or damage of any kind may not be accepted. Should You fail to produce your ticket, YVR retains the right to remove You from the Course.
5.8 Where You wish to rely on a concession ticket for entry to the Course, You must produce a valid Pensioner Concession Card or a current and valid (secondary or tertiary) student I.D. Card, failing which You may be denied entry or be asked to leave the Course.
6. COURSE CONDITIONS
6.1 Unless You hold a ticket allowing entry to a reserved area (such as a members’ area, corporate marquee or a Reserved Car Park) or occupation of a reserved seat, You must not enter or remain in a reserved area or occupy a reserved seat. If You hold a ticket for a particular reserved area or reserved seat, You must only enter the particular reserved area or sit in the particular reserved seat indicated on your ticket.
6.2 You must not park in any area that is designated by YVR or persons authorised by YVR as a no parking area, or any area that a reasonable person would regard as being unsuitable for parking.
6.3 While present at the Course, You must comply with: (a) all relevant laws; and (b) all relevant and published policies of YVR, including those relating to liquor, gambling and conduct.
6.4 If You bring children into the Course, You are responsible for the care, conduct and supervision of those children at all times. You are responsible for any acts or omissions committed by children whom You have brought to the Course.
6.5 You must not, without the express authorisation of YVR, 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 (without limitation) removed from the Course, banned from attending the Course in the future and subject to legal action.
6.6 Any consent given by YVR may be revoked by YVR at any time. If such consent is withdrawn, or if no consent was obtained, and You are found in possession of an item that is not permitted to be brought into the Course, You will be required to immediately dispose of or surrender to YVR (or YVR’s contracted security personnel or other nominee) the offending item, or leave the Course with it via the nearest exit, unless the item is seized by the police.
6.7 For the comfort and safety of persons at the Course, You are not permitted to bring into the Course (or have in your possession at the Course) any Prohibited Goods as listed in Schedule 1 without the written consent of YVR.
6.8 YVR prohibits certain behaviour, conduct and activities at the Racecourse. A current list of prohibited behaviour, conduct and activities is listed in Schedule 2
6.9 You acknowledge and agree that all attendees at the Course must, to maximise the safety of patrons and staff at the Couse and to reduce the possibility of COVID-19 transmission, be aware of and comply with the following as listed in Schedule 3.
6.10 YVR or persons authorised by YVR may, in their sole discretion, prevent You from entering the Course or remove You from the Course, or have your vehicle towed from a Car Park at your cost, if YVR or persons authorised by YVR reasonably believe that You are under the influence of alcohol or drugs. You agree that this clause 5.10 does not obligate YVR to undertake any monitoring or compliance methods to ensure that persons present at the Course are not intoxicated, and YVR will not be responsible for the conduct of intoxicated persons who are present at the Course, or persons who became intoxicated at the Course, including any damage or injury caused by such persons. This clause 5.10 does not seek to exclude any legal responsibilities that YVR or persons authorised by YVR may have in relation to the responsible service of alcohol at the Course.
6.11 You agree not to hold yourself out or otherwise promote yourself or any good or service as being associated with the Course, YVR, any Event or any third party associated with an Event.
6.12 You must remove your vehicle from a Car Park, and You must leave the Course prior to the designated closing time on the day You parked your vehicle in a Car Park, or YVR may have your vehicle towed immediately thereafter at your cost.
6.13 If You contravene any provision of these Course Conditions, You may be removed from the Course by the YVR or its authorised representatives in its and their sole and absolute discretion.
7. UNDERAGE DRINKING AND GAMBLING
7.1 It is illegal in Victoria for any person under 18 to purchase alcohol or to gamble. Further, minors are prohibited from consuming alcohol at the Course under any circumstances. Without limiting the powers of authorised personnel at the Course under these conditions or otherwise at law, anyone under the age of 18 found:
(a) purchasing or attempting to purchase (directly or via an intermediary), consuming or in possession of an alcoholic beverage; or
(b) betting or gambling in any way, or attempting to do so (directly or via an intermediary), or in possession of a betting slip or other evidence of a gambling transaction, at the Course may be removed from the Course. You forfeit to YVR any right, interest and title that You have in any articles (including alcoholic beverages and betting slips) that come into your possession in contravention of this clause and, if found with them in your possession, agree to surrender them to YVR (or YVR’s contracted security personnel or other nominee) unless they are seized by the police.
8. LIABILITY AND INDEMNITY
8.1 Aside from YVR’s liability as referred to in clause 2.3 and any liability that YVR may have for any:
(a) breach by YVR of any express term of these conditions or any additional conditions applying to the Course;
(b) breach by YVR of any term implied into these conditions or any additional conditions applying to the Course under the general law; or
(c) tort committed by YVR or any tort committed by YVR’s employees or agents for which YVR is vicariously liable at law, YVR will not be liable for any loss or damage suffered by You, persons under your supervision (including children) or any other person present at the Course or caused by any acts or omissions of YVR or employees, agents or contractors of YVR, or any other persons present at the Course.
8.2 Subject to clause 2.3, any liability of YVR 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.
8.3 You indemnify YVR against all 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 Course.
9. RECORDING, USE OF IMAGES AND PERSONAL INFORMATION
9.1 Unless authorised by YVR in writing, You must not bring into or use within the Course any photographic or video cameras or other equipment that YVR, in its absolute discretion, deems unacceptable for the purpose of clauses 9.2 or 9.3 below, which may include (without limitation) camera tripods, monopods or professional photographic or video cameras or equipment or broadcasting equipment.
9.2 Unless authorised by YVR in writing, You must not take or make any video recordings, films, still pictures, photographs or any other images within the Course nor use, publish or distribute any images, films or soundtracks for profit, gain, public advertisement, display or any other purpose except for the private enjoyment of the person taking or making the images. On request by YVR, You must immediately assign to YVR in writing on a royalty- free basis all intellectual property in the images and irrevocably consent to YVR (and any other person authorised by YVR) doing anything which, but for the consent, would or might infringe moral rights in the images, films or soundtracks.
9.3 Unless authorised by YVR in writing, You must not, while present at the Course, 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 an Event.
9.4 You acknowledge and agree that any video recordings, films, still pictures, photographs or any other images taken by You at or in the Course that breach this clause 9:
(a) must not be publicly or privately uploaded to any internet website, social media page or any other forum; and
(b) must be immediately destroyed, and may be destroyed by the YVR or its authorised representatives in its or their sole and absolute discretion.
9.5 You acknowledge and agree that You consent to:
(a) the YVR pleading this clause 9 of the Course Conditions as a bar to the conduct specified in clause 9.4(a); and
(b) any and all attempts by the YVR to have any offending video recordings, films, still pictures, photographs or other images removed from any place of publication, including but not limited to public and private social media pages.
9.6 You acknowledge that YVR and third parties authorised by YVR 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 an Event). You hereby grant YVR and third parties authorised by YVR permission to use photographs, film, tape, or other images or likenesses of You, in any media (including publication within and outside Victoria, Australia) and for any purpose (including promotional purposes) without identification or compensation or payment of any kind.
9.7 YVR and third parties authorised by YVR may collect personal information about You to the extent necessary for it to operate the Course and Events and to help promote the Course and Events. In particular, YVR, and third parties authorised by YVR, may collect your name, address and phone number to coordinate the seating and/or viewing arrangements at the Course and to conduct research, marketing and promotional activities in relation to the Course and Events.
9.8 YVR may disclose the personal information held by YVR to contractors and service providers engaged by YVR to help the administration process, provide its services and conduct research, marketing and promotional activities on behalf of YVR.
9.9 In order to enhance security and protect the safety of persons present at the Course, YVR (and contractors engaged by YVR) may operate surveillance equipment within the Course, including security cameras. By entering the Course, You consent to information about yourself (including images) being recorded by such surveillance equipment and to the YVR 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 YVR deems such disclosure to be necessary so as to protect YVR’s lawful interests, the public interest or the safety of persons or property present at the Course.
9.10 Patrons have certain rights to access their personal information held by YVR and can request access by contacting YVR’s Privacy Officer at 2 Armstrong Grove, Yarra Glen, Victoria 3775.
9.11 You may access these conditions (and other conditions pertaining to the Course and the Reserved Car Parks) at www.yarravalleyracing.com.au.
10. MEDICAL TREATMENT
10.1 If You suffer any injury or illness, You agree that a representative of the YVR may provide or facilitate evacuation, first aid and/or medical treatment at Your expense and that Your acceptance of these Course Conditions constitutes Your consent to such evacuation, first aid and/or medical treatment. You agree to reimburse the YVR for any costs or expenses incurred in providing such medical treatment.
11. UNAUTHORISED PROMOTION
11.1 You must not, without the written authorisation of the YVR, represent in any way, including by advertising material, statement or inference, that:
(a) You are a sponsor or affiliate of, or in any other way connected with, the Event or Feature Race; and
(b) the YVR has approved of, or supports in any other way, any goods or services offered for sale or supply by You.
11.2 If the YVR reasonably believes that any advertising material that has been brought into the Course or is displayed in or at the Course makes a representation in contravention of this clause, the YVR or its authorised representatives may:
(a) remove, obliterate, conceal or dispose of the advertising material; or
(b) direct a person whom the YVR reasonably believes is responsible for bringing in or displaying the advertising material to do any of the things specified in clause (a)