Kalwun Cultural Services Terms and Conditions
1. General
1.1 The Operator provides education services on a complementary basis on the Gold Coast in the State of Queensland.
1.2 These Terms and Conditions set out the Operator’s obligations to the Participant and the Participant’s commitments to the Operator when the Participant participates in, or authorises the participation of their child in, the Cultural Services.
1.3 These obligations, combined with the information contained on any Consent Form, are the basis of the Operator’s contract with the Participant.
1.4 It is important that the Participant read through the Terms and Conditions before the Participant books a Cultural Services.
1.5 It is important to understand that these Terms and Conditions apply for all Cultural Services with the Operator whether the Participant has chosen to read them or not, and they are applicable to all the persons attending the Cultural Services.
2. Definition and Interpretation
2.1 In this Agreement, the Parties agree:
(a) “Agreement” means this agreement between the Operator and the Participant.
(b) “Arrangements” means the date, time and other details of the Cultural Services organised through the Operator in accordance with this agreement or any other agreement between the Participant and the Operator.
(c) “Consent Form” means any form adopted by the Operator and provided to the Participant for the purpose of providing consent to the Operator.
(d) “Cultural Services” means the services to be provided by the Operator to the Participant as specified on the Consent Form.
(e) “Departure Location” means the place identified on the Booking Request Form.
(f) “Intellectual Property” means without limitation, any inventions, technological innovations, discoveries, designs, formulas, know-how, processes, business methods, patents, trademarks, service marks, copyrights, computer software, ideas, creations, writings, lectures, illustrations, photographs, motion pictures, scientific and mathematical models, improvements to all such property, and all recorded material defining, describing, or illustrating all such property, whether in hard copy or electronic form.
(g) “the Operator” means Kalwun Development Corporation Limited (ACN 065 676 717) and includes reference to the Operator’s employees, agents, affiliates and related third parties.
(h) “The Participant” means the person or persons who will participate in the Cultural Services and includes any person exercising parental responsibility to consent to the participation of the person who will participate in the Cultural Services. Where the Participant includes a person exercising parental responsibility to consent to the participation of the person who will participate in the Cultural Services, references to the Participant mean both the person providing the consent and the person who will participate in the education services jointly and severally, subject to the express terms of these Terms and Conditions.
(i) “Party” means a party to this Agreement.
(j) “In Writing” means by facsimile, email and/or letter.
(k) “Terms and Conditions” means the terms and conditions contained in this document.
2.2 In the interpretation of this Agreement:
(a) references to legislation or provisions of the legislation include changes or re-enactments of the legislation and statutory instruments and regulations issued under the legislation;
(b) the parties to this Agreement shall each be referred to as a “Party”, and may collectively be referred to as the “Parties”;
(c) words denoting the singular include the plural and vice versa, words denoting individuals or persons include bodies corporate and vice versa, references to documents or agreements also mean those documents or agreements as changed, novated or replaced, and words denoting one gender include all genders;
(d) grammatical forms of defined words or phrases have corresponding meanings;
(e) the Parties must perform their obligations on the dates and times fixed by reference to the Gold Coast, Queensland; and
(f) reference to an amount of money is a reference to the amount in the lawful currency of the Commonwealth of Australia.
3. Cultural Services
3.1 The Operator offers to provide the Cultural Services to the Participant for nil monetary compensation on the terms contained in this document (the Offer);
3.2 The Participant may accept the Offer by signing the Consent Form and providing the same to the Operator.
3.3 In consideration of the Operator providing the Cultural Services without charge to the Participant, the Participant agrees to participate in the Cultural Services in accordance with the terms of these Terms and Conditions.
3.4 The Operator may reschedule, cancel or otherwise alter the time or place of the Cultural at its sole unfettered discretion.
3.5 The Operator shall retain ownership of any intellectual property subsisting in the Cultural Services and any part thereof, including but not limited to any intellectual property subsisting in the associated documents that are provided to the Participant as part of or in connection with the Cultural Services. The Participant shall have a licence to use any documents provided by the Operator during the Cultural Services for the purpose for which the documents were provided. The Operator may revoke the licence granted under this clause at any time for any reason at its own unfettered discretion.
4. Amendments to Terms
4.1 The Operator reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon notification on the Operator’s website and to the Participant In Writing. If the Participant elects to continue with participating in the Cultural Services after receiving notice of an amendment to these Terms and Conditions, the Participant’s election will be deemed to be acceptance of those amendments.
5. Changes By Us
5.1 If the Operator has to make a significant change to the Participant’s Arrangements at any time, the Operator will inform the Participant as soon as possible.
5.2 The Operator reserves the right at any time to cancel or change any Arrangements made, and to substitute, if appropriate, alternative Arrangements, without accepting liability.
6. Participant ’s Warranties and Covenants
6.1 The Participant warrants to the Operator that the Participant:
(a) The Participant has sufficient understanding of the language of English to receive and understand verbal and written instructions and directions;
(b) understands that participating in the Cultural Services involves an assumption of risk by the Participant ;
(c) does not suffer from any medical conditions or physical or mental impairments which will affect their ability to attend the Cultural Services;
(d) will act in accordance with the instructions of the Operator, its employees and agents during the entirety of the Cultural Services; and
(e) understands that a breach of any of the warranties in this clause shall constitute a breach of this Agreement, which shall entitle the Operator to terminate the Agreement.
6.2 Where the Participant includes a person exercising parental responsibility to consent to the participation of the person who will participate in the Cultural Services, any warranties about the capabilities of the Participant given under clause 6.1 of this agreement by the person exercising parental responsibility are to be interpreted as warranties by the person exercising parental responsibility about the capability of the person who will participate in the Cultural Services.
6.3 The Parties expressly agree that the Operator may, at its own unfettered discretion, revoke the Participant’s permission to attend the Cultural Services where that Participant has breached its warranties. For the avoidance of doubt, the Operator’s actions in electing to revoke the
6.4 Participant’s permission to attend the Cultural Services does not amount to a waiver of its right to terminate under 6.1(e).
6.5 The Participant covenants with the Operator that he/she will:
(a) follow all directions from the Operator, it’s employees and agents;
(b) accept the decision(s) of the Operator and/ or its employees or agents as final
(c) inform the Operator, its employees or its agents immediately if he or she does not wish to participate in any particular activity on the Cultural Services; and
(d) inform the Operator, its employees or its agents immediately if he or she is unable to understand any directions or instructions by the Operator, its employees or agents.
7. Liability
7.1 The Participant must observe and obey all rules and warnings provided by the Operator, the Operator’s employees and/or agents, and must follow any oral instructions or directions given by the Operator, the Operator’s employees and/or agents.
7.2 The Participant acknowledges that there may be some inherent risk associated with the Arrangements. The Participant assumes full responsibility for personal injury to yourself, injuries to others and further release and discharge the Operator from all actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute which the Participant may have or for this document would, could or might at any future time have or have had against the Operator in respect of or arising out of either directly or indirectly the services the Operator provides.
7.3 The Participant agrees to pay for and indemnify the Operator against all claims in relation to, all damages caused to any property owned, rented or leased by the Operator as well as any third party’s facilities visited as part of the Arrangements caused by the Participant’s neglect, reckless or wilful actions. The Operator will not be held liable for the conduct of any third party supplier, operator or venue visited as part of the Cultural Services.
7.4 The Participant agrees to and hereby assumes all risk, dangers and hazards associated with use or participation in the Arrangements, including the possible risk of severe or fatal injury to others. In addition to the foregoing, these risks include but are not limited to the following:
(a) the possibility of bodily injury; and
(b) being in altercations with others (which is not condoned or tolerated by the Operator)
7.5 The Participant agrees to indemnify the Operator from all third party actions, suits, claims, demands and causes of action whatsoever at law, in equity and under statute as a result of the Participant ’s behaviour and actions.
7.6 The Participant acknowledges that the Participant is solely responsible for any and all property brought on the Cultural Services and the Operator will not be held liable for any damage caused to any property brought by the Participant on the Cultural Services.
7.7 The Participant acknowledges that the Operator is a charity organisation which is an independent entity from any school or any other sporting or education entity and that any statement or representations made by any employee, member or agent of any other organisation do not bind the Operator.
7.8 The Operator provides the Cultural Services on property owned and controlled by entities other than the Operator. The Participant acknowledges that the Operator will not owe any duty of care as the occupier of that property and no action may be taken by Participant against the Operator for any breach of the occupier’s duty of care to the occupants of the property.
7.9 The Operator is providing the Cultural Services for educational purposes only. The Participant’s use of any information or materials received during the Cultural Services is at the Participant’s own risk. To the fullest extent permitted by law, the Cultural Services are provided on an “as is” and “as available” basis, without warranties or representations of any kind. To the fullest extent permitted by law, the Operator disclaims all warranties, representations and conditions, either express or implied, including without limitation implied warranties of merchantability, non-infringement or fitness for a particular purpose, in connection with the Cultural Services or its contents.
8. Behaviour
8.1 The Participant must adhere to the current laws of Australia, and the Participant is responsible for their own behaviour.
8.2 Any person who is deemed unruly or disruptive may be removed from the Cultural Services. The Operator will not be responsible for any costs incurred by the Participant as a result of them being removed from the Cultural Services.
8.3 The Operator does not condone the use of illicit substances or alcohol prior to or during the Cultural Services. The Operator reserves the right to exclude the Participant from participating in the Cultural Services, in the Operator’s unfettered discretion, if it the Operator forms a reasonable belief that the Participant is under the influence of alcohol or illicit drugs.
8.4 All parties attending the Cultural Services should be aware of their own physical and mental limitations before attending. Should the Participant be pregnant or have another medical condition that may be affected by attending the Cultural Services, the Participant must advise the Operator prior to accepting the Offer.
9. Clothing
9.1 The Participant acknowledges that appropriate clothing must be worn at all times on the Cultural Services. Appropriate clothing includes enclosed shoes.
9.2 The Participant acknowledges that third party suppliers may refuse the Participant entry into their venue / site should the Participant not meet their minimum dress standard. The Operator will not be held responsible for any additional costs incurred by the Participant as a result of the Participant’s failure to meet the minimum dress standard.
10. Video Footage
10.1 The Participant grants the Operator the right to use any image of the Participant in any still, live or recorded video, display or any transmission or reproduction of the Cultural Services. All rights to broadcast, record, photograph, repeat, reproduce, or recreate the Cultural Services is reserved by the Operator. The Participant agrees not to take any action, or cause others to take any action, which would infringe on the Operator’s rights under this clause.
10.2 The Participant assigns to the Operator any intellectual property associated with any image of the Participant in any live or recorded video display or any transmission or reproduction of the Cultural Services.
10.3 Any images or sound recordings the Participant takes during the Cultural Services with the Participant’s camera, video or audio equipment must only be used for private and domestic purposes only, and the Participant agree that the Participant will not sell, license, broadcast, publish or otherwise commercially exploit them and in particular make available any footage, sound recording or series of still pictures taken at the event on the internet or to any third parties.
11. Entire Agreement
11.1 These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter of this document and supersedes all prior negotiations, contracts, Arrangements, understandings and agreements with respect to that subject matter.
12. Law
12.1 This document is governed by and construed under the law of Queensland Australia.
12.2 Any legal action in relation to this document against any party or its property may be brought in any court of competent jurisdiction in Queensland Australia.
12.3 Each party by execution of this document irrevocably, generally and unconditionally submits to the non-exclusive jurisdiction of any court specified in this provision in relation to both itself and its property.
13. Remedies
13.1 The rights of a party under this document are cumulative and not exclusive of any rights provided by law.
14. Mail Communications
14.1 By supplying their email address to the Operator on the Consent Form, the Participant consents to receive promotional and or program update emails from the Operator. The Participant may opt out of these emails at any time by following the specific opt-out instructions within the communication sent by the Operator.
15. Severability
15.1 If any provision of this agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this agreement and rendered ineffective as far as possible without modifying the remaining provisions of this agreement, and shall not in any way affect any other circumstances of or the validity or enforcement of this Agreement.
