Terms and Conditions.

Lonely Hearts Film Camp 2023

These Booking Terms and Conditions (Terms) are between Bottlebrush Films Pty Ltd (ABN 67 651 317 896) its successors and assignees (referred to as “we”, “us” or “our”) and you, the person, that purchases Services from us (referred to as “you” or “your”), and collectively the Parties.

You have requested the services, described on and able to be ordered via our website: www.lonelyheartsfilmcamp.co (Site), via email or contacting us directly by phone (Services).

You agree that these Terms form the agreement under which we will supply Services to you. Please read these Terms carefully and contact us if you have any questions using the contact details at the end of these Terms.

By (i) using or purchasing our Services including ticking an online acceptance box when completing our order form or ordering our Services via our website (ii) confirming by email that you accept these Terms; (iii) instructing us to proceed with the Services; or (iv) making any payment for the Services and any Booking, you acknowledge you have read these Terms and contact us if needed, that you accepted and will comply with these Terms, and that you are 18 years or older, or have the consent of a legal guardian who is 18 years or older.

You must not submit a Booking Form or otherwise order the Services if you are under 18 years of age or do not have the consent of a legal guardian who is 18 years or older.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE OR PURCHASE OUR SERVICES FROM US OR DO ANY OF THE ABOVE ACTS.

1. BOOKING POLICY

1.1 All bookings are subject to availability. Bookings for the Event can only be confirmed when the full cost of the Event is purchased through our online booking system found at https://www.lonelyheartsfilmcamp.co/tickets.

1.2 Event participants must obtain comprehensive travel insurance or have medical insurance to attend our Event including, but not limited to, cover for (overseas) medical expenses, evacuation charges, trip cancellations and force majeure events. We highly recommend you take out travel insurance when booking with us.

1.3 Participants must be at least 18 years or older to attend our Event or associates trips.

1.4 By paying the full amount for the Event you agree and accept our Booking Terms and Conditions.

1.5 To book your Event and provide you with our Services, we may have to supply your personal information to third parties supplying all or any part of the travel products comprising your Event. Any use or disclosure of your personal information by us is in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles as amended from time to time. Our Privacy Policy is available on our Site.

1.6 Bank fees, credit card charges, Stripe or PayPal fees incurred by transferring money are the sole responsibility of the guest.

1.7 Any services not included in the Event Package are the sole responsibility of the Event participant and have to be paid for by the participant, in the local currency of the Event destination.

1.8 Although most Fees are stated in Australian dollars, some products and arrangements are purchased in foreign currency and may be subject to applicable exchange rates.

1.9 If you make payment by way of credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the credit card to make payment and that your payment will be honoured by your card issuer. We may conduct various checks to validate your identity and the integrity of your payment details, which may include requesting additional information from you to verify your identity.

2. CANCELLATION POLICY

2.1 All cancellations must be received in writing to hello@lonelyheartsfilmcamp.co.

2.2 Tickets for the Event are non-refundable. The cost of the ticket has been set as a genuine estimate of the loss suffered should you cancel your Booking at any point in time, and will be considered as liquidated damages.

2.3 If we are forced to cancel or change one of our scheduled Event or their dates for any reason (including for reasons such as COVID-19 government restrictions), we may deliver the Event online and, at our sole discretion, offer a partial refund to count for goods and services that cannot be delivered via online means.

2.4 It is your responsibility to contact us and verify that their message was received to avoid any potential additional cancellation fees that may be incurred due to delayed cancellation. We will take no responsibility for any costs associated with messages not being received, or a delay to inform us of their cancellation.

2.5 You are responsible to ensure flights, travel insurance and any components booked outside of this Event are cancelled and will adhere to the cancellation policy of each individual supplier.

2.6 If you wish to transfer the booking to another Event Participant, this has to be requested in writing to hello@lonelyheartsfilmcamp.co and is subject to approval.

2.7 Due to our commitment to accommodation providers, speakers, transport companies etc, we cannot make any exceptions to the above-mentioned cancellation fees. We do not offer any credit for arriving late or departing early, missing activities, or not using any part of the scheduled program. Any refunds provided are at our discretion.

2.8 By paying for your Booking, you warrant that you have fully understood these Terms, understand the indemnity waiver form and would be prepared to provide a copy of your travel insurance upon request.

2.9 We are not responsible for any expenses incurred in preparation of our cancelled Event – whether our own group Events or Events we have helped planning – i.e., airplane tickets, other accommodation booked, travel insurance, airport transfers, illness, loss of work etc.

2.10 We will not be liable for cancellation, failure of, or delay in performing our obligations under this agreement due to force majeure events (Earthquake, hurricane, tornado, flooding, volcanic activity, or other natural disasters, or in the case of war, action of foreign enemies, terrorist activities, labour dispute or strike, government direction, blockage, embargo, or epidemic) or if certain conditions present unacceptable danger to the participant. In this instance, Clause 2.2 and 2.3 applies.

3. LIABILITY

3.1 To the extent permitted by law, neither us nor any of our directors, partners, employees, or contractors accept any liability for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions, or default, whether negligent or otherwise, of third-party providers over whom we have no direct control and is not preventable by reasonable diligence on our part.

3.2 As the Event operator, we make arrangements with other parties to provide you with some of the services on your Event. These parties are independent suppliers over whom we have no direct control. We hold no responsibility for independent contractors (or weather conditions) changing services on the Event.

3.3 We are not responsible for any claims, losses, damages, costs or expenses arising out of injury, accident or death, damage, loss or delay of baggage or other property; or delay, inconvenience, loss of enjoyment, or frustration, whether physical or mental resulting from: (1) the act or omission of any party including us or its employees; (2) mechanical breakdown, government actions, weather or other factors beyond our control; (3) your failure to read information provided and follow instructions including, but not limited to, obtaining sufficient travel protection & health insurance and providing correct & complete personal, health and travel information; (4) your cancellation or change for any reason in travel services offered; (5) your medical or health problems or physical disabilities; (6) use of facilities such as pool where you do not have the necessary skills required for use.

3.4 You acknowledge that you voluntarily take part in any Event, and in any activities, classes and excursions arranged by us, Event venues, organisers, or third-party hosts, and insofar as legally permissible, waive your right to hold any of the organisers responsible for any loss or damage to person or property that occurs during our Events.

3.5 It is your responsibility to check the details contained in your Booking Confirmation, including your full name(s), the dates and location of your Event (as applicable) before confirming and providing payment of the applicable Fees.

3.6 Third parties who are not our employees or our direct contractors including but not limited to suppliers of any goods or services offered under an Event will be your responsibility. Such third parties reserve the right to cancel and reschedule your booking due to unforeseen circumstances. To the fullest extent permitted by law, we are not responsible for the products or services provided, or any change or cancellation, by those third parties.

3.7 Participants must notify us of any dietary restrictions and allergies at the time of booking. Please check with us prior to making full payment and we will check with the venue for you.

3.8 Whilst you are able to bring your own alcohol to the Event, you must consume such alcohol in a responsible manner. We reserve the right to remove you from the Event in any instance where a participant engages in anti-social, abusive or dangerous behaviour. This is entirely at our sole discretion.

3.9 By submitting a booking request, and confirming your booking, you automatically agree to our Liability Waiver:

3.9.1 In consideration of the services of us, our agents, owners, officers, volunteers, participants, employees, service suppliers and all other persons or entities acting in any capacity on our behalf, you hereby agree to release, indemnify, and discharge us, on behalf of yourself, your children, parents, your heirs, executors, administrators, assignees, personal representatives, and estate as follows:

(a) You acknowledge that activities and traveling entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. You understand that such risks simply cannot be eliminated without jeopardising the essential qualities of the activity. Your participation in all activities is purely voluntary, and you expressly agree to assume the risk of injury or damage while participating in all activities during your Event.

(b) Accordingly, you agree that you are voluntarily participating in any and all activities, risks, and use of the accommodations, and hereby assumes all risk of injury, illness, damage or loss to person and property that might result, including, without limitation, any loss of personal property. You expressly agree and promise to accept and assume all of the risks existing with knowledge that the risks of participating in this activity include, but are not limited to, sprains, strains, broken bones, paralysis, even death; exhaustion.

(c) You certify that you have adequate travel protection insurance should you need to cancel or change your travel plans and you certify that you have adequate health insurance to cover any injury or damage you may cause or suffer while participating in any of the activities, or else you agree to bear the costs of such injury or damage myself. You further certify that you are willing to assume the risk of any medical or physical condition you may have.

(d) You hereby voluntarily release, forever discharge, and agree to indemnify and hold us harmless, our officers, employees, and suppliers against all claims of losses, causes of action, damages, or expenses of claim and against any costs including legal fees that may be incurred as a result of any such claims losses, damages, or expenses whether valid or not, including any such claims which allege our negligent acts or omissions.

(e) Should we or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, you agree to indemnify and hold them harmless for all such fees and costs, and you declare to not take any legal action in any country.

(f) You are responsible for any damage that may occur at the participating venue during your stay and may be invoiced by the venue accordingly.

(g) You acknowledge that Event photographs and images which include you can be published by us for the company’s marketing purposes only.

4. OUR INTELLECTUAL PROPERTY

4.1 The Materials contain material which is owned by or licensed to us and is protected by Australian and international laws.  We own or hold the appropriate licence to the Intellectual Property rights in the Materials including but not limited to copyright which subsists in all creative and literary works incorporated into our Materials.

4.2 You agree that, as between you and us, we own all Intellectual Property rights in our Materials, and that nothing in these Terms constitutes a transfer of any Intellectual Property rights in our Materials, except as stated in these Terms or with our written permission.

4.3 Your use of our Materials does not grant you a licence, or act as a right to use, any Intellectual Property in the Materials, whether registered or unregistered, except as stated in these Terms or with our written permission.

4.4 You are prohibited from recording (either through audio or visual means) nor reproduce and distribute any presentations given at the Event.

4.5 You must not breach our Intellectual Property rights by, including but not limited to:

4.5.1 altering or modifying any of the Materials;

4.5.2 creating derivative works from the Materials; or

4.5.3 using our Materials for commercial purposes such as on sale to third parties.

4.6 This clause will survive the termination of these Terms.

5. TERMINATION

5.1 Either Party may terminate these Terms if there has been a material breach of these Terms, subject to following the dispute resolution procedure.

5.2 We may terminate these Terms immediately, at our sole discretion, if:

5.2.1 we consider that a request for the Service is inappropriate, improper, or unlawful;

5.2.2 you fail to provide us with clear or timely instructions and/or requested information to enable us to provide the Services;

5.2.3 we consider that our working relationship has broken down including a loss of confidence and trust;

5.2.4 you act in a way which we reasonably believe will bring us into disrepute;

5.2.5 you provide us with incorrect payment details or any other incorrect information;

5.2.6 for any other reason outside our control which has the effect of compromising our ability to perform the Services within the required timeframe.

5.3 Subject to your rights under Australian Consumer Law, on termination of these Terms you agree that payments made are not refundable to you, and you are to pay for all Services provided prior to termination.

5.4 On completion of the Services, we will retain your documents (including copies) as required by law or regulatory requirements.  Your express or implied agreement to these Terms constitutes your authority for us to retain or destroy documents in accordance with the statutory periods, or on termination of these Terms.

5.5 The accrued rights, obligations and remedies of the Parties are not affected by the termination of these Terms.

6. CONSUMER LAW, LIMITATION OF LIABILITY AND DISCLAIMERS

6.1 ACL: If you are a consumer as defined in the Australian Consumer Law as set out under Schedule 2 of the Competition and Consumer Act 2010 (Cth) (ACL), the following applies to you: You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services remedied if they are not rendered with due care and skill or they are not fit for purpose and the failure does not amount to a major failure. To the extent we are able to limit liability; our total liability for loss or damage you suffer or incur from our Services is limited to us re-supplying the Services to you, or, at our option, us refunding to you the amount you have paid us for the Services to which your claim relates.

6.2 Referral: We may provide you with contact details of third parties that may be of interest to you. This is not a recommendation by us for you to seek their advice or to use their services. We make no representation or warranty about the third party advice or provision of goods or services, and to the fullest extent permitted by law we disclaim all responsibility and liability for the third party advice or provision of services, or their failure to advise or provide services.

6.3 Warranties: To the extent permitted by applicable law, we exclude all express and implied warranties, and all material and work is provided to you without warranties of any kind, either express or implied. We expressly exclude all warranties including but not limited to implied warranties of merchantability and fitness for a particular purpose.

6.4 Availability: To the extent permitted by applicable law, we exclude all liability for:

6.4.1 the Services or any Venue or Individual Service being unavailable or sold out prior to issuing you a Booking Confirmation; and

6.4.2 any Claims (whether direct, indirect, incidental, special, consequential and/or incidental), for loss of profits, revenue, production, opportunity, access to markets, goodwill, reputation, or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption or otherwise, suffered by you or made against you, arising out of or in connection with your inability to access or use the Services, or the late supply of Services, even if we were expressly advised of the likelihood of such loss or damage.

6.5 Limitation: Our total liability arising out of or in connection with the Services, however arising, including under contract, tort, including negligence, in equity, under statute or otherwise, will not exceed the total fees paid by you to us in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars (AUD$100) if no such payments have been made, as applicable.

6.6 This clause will survive termination of these Terms.

7. GENERAL

7.1 Email: You acknowledge that we are able to send electronic mail to you and receive electronic mail from you. You release us from any claim you may have as a result of any unauthorised copying, recording, reading or interference with that document or information after transmission, for any delay or non-delivery of any document or information and for any damage caused to your system or any files by a transfer.

7.2 Relationship of parties: These Terms are not intended to create a relationship between the parties of partnership, joint venture, or employer-employee.

7.3 Assignment: These Terms are personal to the you. You must not assign or deal with the whole or any part of your rights or obligations under these Terms without our prior written consent (such consent not to be unreasonably withheld).

7.4 Severance: If any provision (or part of it) under these Terms is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid.  If a provision (or part of it) under these Terms cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from these Terms and the remaining provisions (and remaining part of the provision) of these Terms are valid and enforceable.

7.5 Jurisdiction & Applicable Law: These terms are governed by the laws of Victoria and the Commonwealth of Australia.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

7.6 Entire Agreement: These Terms and any document expressly referred to in them represent the entire agreement between you and us and supersede any prior agreement, understanding or arrangement between the Parties, whether oral or in writing.