Terms and Conditions of Ticket Purchase and Entry

Effective date: 27 July, 2019
(“Terms and Conditions”)

This ticket is sold subject to Kiwiburn Incorporated, Society number 1973668 (“Kiwiburn”) and any third party vendor’s ‘Terms and Conditions’ of sale which are available for review at the time of purchase. The Terms and Conditions include the following terms set out hereunder as well as all current Kiwiburn policies, rules, and regulations including but not limited to:

together called “Kiwiburn Policies”.

By purchasing a ticket, including using the ticket transfer process, and thereby becoming a Ticket Holder (“Ticket Holder”), or by attending a Kiwiburn event (the “Event”), or by entering the Event site (the “Site”), I have read, understood, and agree to comply with any and all of these terms and conditions, policies, rules, and regulations of Kiwiburn.

Tickets and Refunds

1. To gain entry to and attend any Event every person is required to hold a valid ticket.

2. Kiwiburn is not liable for the replacement of any lost, stolen or damaged tickets.

3. Tickets are nonrefundable under any circumstances, even if the Event is terminated early or cancelled due to harsh weather conditions, acts of nature, a change to the advertised venue of the Event, strikes, protests, failure to obtain relevant permits, governmental regulation or other conditions beyond Kiwiburn’s control. 

4. Change in personal circumstances of the Ticket Holder does not entitle the Ticket Holder to the return or exchange of the ticket.

5. Ticket Holders will be asked to show a current and valid photo identification (being a current passport, current New Zealand drivers licence or a current HAINZ 18+ ID Card) along with their ticket upon entry to an Event. There will be no exceptions made to this policy in accordance with New Zealand law, with the name on the identification needing to exactly match the name on the festival admission ticket. Ticket Holders that do not show correct photo identification will not be granted entry to the Event, and no refunds will be provided.

6. On arrival at the Event, Ticket Holders will be given a wristband which must be worn for the duration of the Event. A person at an Event without a wristband will be presumed not to hold a valid ticket and may be asked to leave.

7. Ticket Holders are responsible for safeguarding their wristband. If the wristband is damaged it may be exchanged for a replacement wristband at a designated ticketing station at no additional cost.

8. Tickets may not be sold or transferred for consideration above Kiwiburn’s original face value selling price (including booking fee) whether in isolation or in conjunction with any other product or service. If a ticket is resold then ownership must be transferred to the purchaser using the ticket transfer system provided by our ticketing vendor, Quicket. Once the transfer is complete the original ticket will not be valid for entry to the Event. Where Kiwiburn has a reasonable belief that a ticket is being, or has been, effectively sold or transferred above face value, Kiwiburn may, at its sole discretion, cancel the ticket rendering the ticket invalid without any liability for a refund or other compensation to any of the Ticket Holders.

9. Tickets may not be used for promotional purposes without Kiwiburn’s explicit prior consent. 

10. Tickets are revocable licenses that may be revoked by Kiwiburn for any reason including, without limitation, resale for above face value, purchasing more than stated limits, assisting others with unauthorised or un-ticketed entry to Kiwiburn, breach of these Terms and Conditions, or conduct deemed by Kiwiburn to be unacceptable or likely to cause harm to any other individual. Such revocation of the licence is not cause for the Ticket Holder to have any entitlement to a refund or other compensation from Kiwiburn.

11. Kiwiburn reserves the right to add, withdraw or substitute any elements of the Event’s program, to change the venue for the Event (i,e, the Site), or vary the advertised Event’s ticket prices or patron capacity at its sole discretion.

Unacceptable Conduct

12. Kiwiburn reserves the right to refuse entry to any person and may require them to leave the Event if their conduct is deemed to be in breach of the Terms and Conditions. Any person refused entry or asked to leave the Event or Site must leave the Site immediately and no refund will be provided.

13. Kiwiburn at its sole discretion may from time to time determine with immediate effect certain items to be prohibited at the Event or on the Site (“Prohibited Item”). Currently the Prohibited Items include all illegal substances, firearms, weapons, gang patches, unauthorised fireworks, animals including dogs and other pets (with the exception of pre-approved assistance animals). Any person found in possession or control of any Prohibited Item will be required to leave the Event or Site and no refund will be provided.
Any Ticket Holder who wishes to bring an assistance animal will need to first obtain Kiwiburn’s written consent which may be withheld at Kiwiburn’s sole discretion.

14. All persons.entering or exiting the Site give full consent to being searched by Kiwiburn representatives including their clothing and their belongings and any vehicle they are in control of (including but not limited to cars, trucks, trailers, and campervans)  and hereby waive any right to related claims that may arise. Any person may withhold their consent to such a search but such withholding of consent may deny their entry into the Event or Site without refund or any other compensation.

15. The laws of New Zealand apply at all times, and New Zealand Police have access to the Site at their own discretion. The Police may be called by Kiwiburn or its representatives if it is deemed necessary to deal with any participant whose conduct is dangerous or unacceptable.

16. Any Ticket Holder required to leave the Event or Site gives consent for that removal process to be  videographed.

17. Kiwiburn or its representatives reserve the right, including but not limited to keeping written and/or videographed records, to refuse, remove, and/or exclude any person from participation in events (a) if their behaviour is inappropriate, offensive, or abusive, or otherwise considered in breach of the Code of Conduct (b) to prevent damage to any property, or (c) on medical or health and safety grounds (including to prevent possible harm or injury to themselves or any other person).

18. All Ticket Holders agree to the use of email and/or Facebook contact for communication purposes in instances where they have potentially breached the Terms and Conditions. 

19. The determination that there has been a breach of the Terms and Conditions is at the sole discretion and consideration of Kiwiburn and its representatives. 

Access to Areas

20. Only those ticket holders with official Early Entry status that has been pre-authorised and documented by Kiwiburn will be allowed to enter the Site prior to the official start of the Event. Early entry may be granted to members of certain registered Theme Camps, Art Installations, and certain Volunteers in key roles. Please register as soon as possible to apply for Early Entry if required. 

21. Participants must adhere to the Event’s arrival and departure times for a given Site (see Gate Information). 

22. Tickets only provide access to designated Event Site indicated by signage and marked boundaries. Participants found on private property outside of these marked boundaries are considered trespassing and will be evicted and refused entry to the Event.

23. Any person under the age of 18 (“Minors”) must be accompanied to the Event by a ticket-holding parent or legal guardian. Minors under the age of 16 must be supervised by a ticket holding parent or legal guardian at all times.

24. Participants must follow the official directives of Kiwiburn organisers and representatives at all times while on Site or at an Event. 

25. Participants must not enter any perimeters established around any of the burns at Kiwiburn. I understand that persons who cross the perimeter may be subject to civil and/or criminal prosecution and may be forcefully removed for my own or others safety.

Acceptance of Risk and Waiver of Liability

Purchase of a Ticket and/or entry to an Event indicates acceptance of the following warnings and waivers of liability:

26. I acknowledge that the property I will enter is a place where recreational activities are provided and the Event and the Site and the land it is staged on, may contain all kinds of obstacles, risks and dangers, both known and unknown, natural and man-made, which may result in loss or damage to my property or in serious injury to myself or my death.

27. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY OR DEATH, WHICH MAY OCCUR BY ENTERING THE SITE AND ATTENDING THE EVENT AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD HARMLESS KIWIBURN INCORPORATED, ITS OFFICERS, VOLUNTEERS, AGENTS AND ASSIGNEES FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF KIWIBURN INCORPORATED, ITS OFFICERS, VOLUNTEERS, AGENTS AND ASSIGNEES, OR BY THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

28. I further acknowledge that activities, art installations, theme camps, vehicles (including but not limited to mutant vehicles and art cars) and performances will be held or be on display and I understand that most of these activities are not owned or operated by Kiwiburn. By purchasing a ticket, I assume full responsibility and all risks, including loss or damage of property or serious injury or death, which may occur from my participation in the Event and the activities. To the extent permitted by law, Kiwiburn, its officers, volunteers, agents and assignees are excluded from all liability of whatever nature and however arising (including through negligence).

29. I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or full nudity and other types of expressive activity. I confirm that although there is potential on viewing  such expressive activity and dress that I consider it to be indecent or offensive to myself, that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by a Minor at an Event, I acknowledge that I have made a choice that the Minor may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the Minor to the Event. Should I consider that any activity at an Event is indecent or offensive to myself, or to any Minor accompanying me, then I acknowledge that it is my sole responsibility to avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event. To the extent permitted by law, Kiwiburn, its officers, volunteers, agents and assignees and all participants at the Event are excluded from all liability of whatever nature and however arising (including through negligence) as a result of such expressive activity or dress occurring at the Event.

30. I understand and acknowledge that people are using film, video, and photographic cameras at the Event, and that my image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Kiwiburn from any liability due to such capturing, display, or dissemination.

Declaration on behalf of Minors

31. I understand that a Minor may attend an Event only if accompanied by a ticket-holding parent or legal guardian, and if I bring a Minor to an Event, I agree that the contractual terms contained in these Terms and Conditions will apply to the Minor and I confirm that I am the Minor’s parent or legal guardian.

Consent to Medical Assistance

32. Should I incur any injury, accident or illness during my attendance at an Event I agree to receive such medical aid or preventative treatment which may be deemed advisable in the unfettered direction of any medical assistance personnel engaged by Kiwiburn.

33. I agree to the release of my personal information to medical assistance personnel and Kiwiburn in the event that any medical treatment is required during my attendance at an Event.

General 

34. I certify that I am physically able to participate in the Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.

35. I certify that as a mandatory requirement for all Event attendees, I have read and understood any Event Survival Guide, and furthermore that I will remain familiar with and adhere to the contents and requirements of the Survival Guide.

36. I understand that I must bring enough food, water, shelter and first aid to survive the entire length of the Event. Should I wish to leave the Event and then return, I understand that I will be required to purchase a gate pass.

37. I understand that commercial vending is prohibited at any Kiwiburn Event as per the Ten Guiding Principles

38. I understand that Kiwiburn may vary these Terms and Conditions at any time by updating them. Any variations will only apply to ticket purchases made after these Terms and Conditions have been updated.

39. By attending the Event I am giving permission to be filmed, photographed or used in any promotional material by Kiwiburn without my further consent or payment of compensation to me, and I release Kiwiburn from any liability due to such capturing, display, or dissemination.