Terms & Conditions

2020 Motul FIM Superbike World Championship Yamaha Finance Round Phillip Island

Terms & Conditions of Sale

Each ticket and each pass, credential or other document (each a “Ticket”) issued by or on behalf of PI SBK Pty Ltd ACN 108 623 730 (“PI SBK”) allowing entry for the relevant ticket holder (“Ticket Holder”) to the Phillip Island Grand Prix Circuit (“Circuit”) and surrounding camping grounds (“Camping Grounds”) during the 2020 Motul FIM Superbike World Championship, Yamaha Finance Round, Phillip Island event (“Event”) is subject to the following conditions (“Conditions”).

  1. Ticket Holders are advised that the dates of the Event are not fixed until ratified by FIM, which is expected to occur by the end of November 2019 (but may occur later). If a Ticket is acquired prior to the dates of the Event being ratified by FIM, the Ticket Holder acknowledges and agrees that the provisional dates of the Event may change and that the Ticket Holder will not be entitled to a refund in such circumstances. If the published provisional dates are changed, such changes will be published at www.phillipislandcircuit.com.au and each acquired Ticket will be valid for the rescheduled dates. PI SBK reserves the right to add, withdraw or substitute any riders, performers or activities including, but not limited to, any concerts or other entertainment associated with the Event and to vary programs, other conveniences and attractions and audience capacity from time to time.
  2. Subject to Condition 4 and to any requirements of law to the contrary, PI SBK will not be liable to any Ticket Holder for any loss or damage (including, but not limited to, indirect or consequential loss or damage, for example, but not limited to, travel and accommodation costs) suffered as a result of or arising from or in any way connected to cancellation, postponement or change to the Event (or any part of the Event).
  3. Except as set out in Condition 4, PI SBK will not be liable to refund payments made for Tickets under any circumstances, including, but not limited to:
    1. the non-appearance of any particular person, group or personality such as a team, rider, performer or band (whether advertised or not);
    2. any variation to the on-track Event program, conveniences and attractions such as postponement or cancellation of any part of the Event program by race stewards;
    3. any variation to the off-track Event program, conveniences and attractions such as postponement or cancellation of any entertainment, amusements or interactive display;
    4. any adverse weather conditions; and
    5. any other circumstance beyond the reasonable control of PI SBK.
  4. Subject to Conditions 5-8 (inclusive), PI SBK will refund Ticket Holders for payments made for Tickets only in the following limited circumstances:
    1. on a particular day of the Event, less than 1 hour of on-track activity (which includes any Motul FIM Superbike World Championship, Yamaha Finance Round, Phillip Island and/or support category practice sessions, qualifying and/or racing) occurs, subject to the following:
      1. if the Ticket is a single day Ticket – the Ticket Holder will receive a refund of the price of the single day Ticket; or
      2. if the Ticket is a 3 day Ticket – the Ticket Holder will receive a proportionate refund of a fair portion of the price of the Ticket depending on the relevant day cancelled, the amount of such refund to be reasonably determined by PI SBK;
    2. the entire Event is cancelled and cannot be rescheduled;
    3. the dates of the Event are changed after ratification by FIM (see Condition 1) and the Ticket Holder does not wish to use the Ticket to attend the Event on the rescheduled dates; or
    4. PI SBK is required by law to provide a refund.
  5. Refunds made in accordance with Condition 4 will only be made if the Ticket Holder applies for a refund in writing by emailing ticketing@phillipislandcircuit.com.au or writing to PI SBK Pty Ltd and includes the following details:
    1. Ticket Holder’s name;
    2. Ticket Holder’s address; and
    3. proof of purchase (for example, the Ticket or a transaction receipt of purchase), and the refund application is received by PI SBK within 21 days after the last scheduled day of the Event.
  6. Refunds will not be made for Tickets purchased through non-authorised sellers.
  7. Refunds will only be made for the specified price of the Ticket. Refunds will not be provided for fees such as third party service and delivery fees, postal charges, bank fees and other third party charges. Interest will not be payable in respect of any monies refunded. No refunds will be made for Tickets which, for any reason, were provided free of charge.
  8. Nothing in these Conditions affects Ticket Holders’ rights under Schedule 2 to the Competition and Consumer Act 2010 (C/wealth) or similar legislation regarding consumer guarantees, implied conditions or warranties to the extent that those rights, guarantees, implied conditions or warranties cannot be excluded by law.
  9. If the Event is cancelled or rescheduled, PI SBK will use reasonable endeavours to notify Ticket Holders of the cancellation. PI SBK does not guarantee that Ticket Holders will be informed of such cancellation before the date of the Event.
  10. PI SBK is not obliged to replace a Ticket or provide a refund for a lost, stolen or damaged Ticket (including, but not limited to, where a Ticket does not arrive in the mail), but may do so in its absolute discretion (provided the Ticket Holder can show proof of purchase) in which case the Ticket Holder is responsible for any reasonable fees (if any) applicable to the issuing of a new Ticket.
  11. Tickets obtained from sources not authorised by PI SBK may have been lost, stolen or counterfeit and will not be honoured for admission.
  12. Any Ticket purchased and the Ticket Holder’s entry to and presence at the Circuit, the Camping Grounds and the Event is subject to these Conditions, the Conditions of Entry displayed at Event entrances (and, in the case of the Camping Grounds, the Conditions of Entry to Camping Grounds displayed at the entry to the Camping Grounds) and at www.worldsbk.com.au (and which may be varied from time to time by PI SBK, acting reasonably), and all applicable laws (including, but not limited to, in respect of those parts of the Circuit which form part of an “event venue” under the Major Sporting Events Act 2009 (Vic), the crowd management provisions of that Act). These Conditions and the Conditions of Entry are intended to add to and not to derogate from the rights of PI SBK and the obligations of Ticket Holders under applicable laws. Details of Conditions of Entry and Conditions of Entry to Camping Grounds are available by writing to PI SBK PTY LTD, RMB 500GP, Cowes, Victoria, 3922 or emailing ticketing@phillipislandcircuit.com.au or visiting www.worldsbk.com.au (but are subject to variation from time to time by PI SBK, acting reasonably). If you are unsure about the meaning of any conditions in respect of the Event you can also call PI SBK on the toll free hotline 1300 728 007. It is your responsibility to inform yourself of all conditions relating to the Event. By purchasing a Ticket, you accept and understand as binding on you all conditions and any accompanying risks, obligations and responsibilities.
  13. Published concessional ticket prices are available only to those classes of persons which PI SBK officially publishes as being eligible for the concessional price which includes Pensioners, State Government Seniors and Full Time Students. Identification and/or evidence of qualification for the concessional price may be required and must be produced if requested, both when purchasing Tickets in person and when entering the Event.
  14. Tickets are non-transferable on the day or during the day of presentation. Upon exit from the Circuit, the Ticket Holder’s hand must be stamped to regain entry to the Event on the same day. The stamp must be shown together with a valid Ticket clipped for that day to regain entry.
  15. Tickets may not, without the prior written consent of PI SBK, which may attach thereto any conditions it sees fit, be resold or offered for resale at a premium (including, but not limited to, via on-line auction sites) or used for advertising, promotion or other commercial purposes (including, but not limited to, competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If the Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the bearer may be refused admission.
  16. PI SBK reserves the right, with reasonable cause, to refuse entry to any person or remove any person from the Event.
  17. Conditions at the Event (including, but not limited to, access, seating, protection from the weather, terrain and facilities available) vary from time to time. Some areas of the Event are exposed to direct sunlight and heat. Ticket Holders are required to take appropriate care for their wellbeing including, but not limited to, with regard to hydration and sun protection.
  18. Any authorised impression or map of the Circuit is provided as a guide only to approximate locations of seating, viewing areas and other conveniences and attractions around the Circuit and may not be drawn to scale. PI SBK reserves the right to determine actual and final location of and details concerning seating, viewing areas and other conveniences and attractions without notice. Natural or other obstructions may impede viewing in some areas and the Ticket Holder acknowledges and accepts that no reliance is placed on such impression or map of the Circuit when purchasing Tickets.
  19. Ticket Holders must only occupy the area or seat to which their Ticket applies. No representation is made to Ticket Holders holding general admission tickets that there is space available in any particular viewing area.
  20. Without limiting any action available to PI SBK, it is a condition of entry to the Event that:
    1. a person cannot make or reproduce or use any film or other form of moving photograph, moving picture, still pictures or any sound recording or any of them (“Footage”) of the Event or any part of it for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person making the Footage without the consent of PI SBK and Dorna WSBK Organization S.r.l (“Dorna”);
    2. if a person makes or reproduces or uses such Footage of the Event or any part of it with or without the consent of PI SBK and Dorna, that person must on request by PI SBK assign, in writing, all copyright and all intellectual property in the Footage to either PI SBK, Dorna or persons nominated by them as directed by PI SBK; and
    3. any filming from the Pit Roof Corporate Area is strictly prohibited.
  21. Ticket Holders acknowledge that PI SBK and third parties authorised by PI SBK may make or record film, photographs or other forms of moving picture, still picture or any of them of the Event (including, but not limited to, of Ticket Holders). Each Ticket Holder hereby grants PI SBK, Dorna and third parties authorised by them permission to use photographs, film, tape, or other images or likenesses of the Ticket Holder in any media (including publication within or outside Victoria, Australia and including on the basis that Australian Privacy Principle 8.1 will not apply to disclosure of images or likenesses outside Australia) and for any purpose without identification or compensation or payment of any kind.
  22. PI SBK ACN 108 623 730 and PI OPERATIONS PTY LTD ACN 108 623 463 (we, our, us) collect personal information about patrons attending events at the Phillip Island Grand Prix Circuit including, but not limited to, the Motul FIM Superbike World Championship, Yamaha Finance Round, Phillip Island or subsequent Phillip Island FIM Superbike World Championships. PI SBK and PI Operations Pty Ltd may collect the name, address, phone number and email address of ticket holders, as well as film, photographic and other footage, for the purposes of coordinating arrangements at the Event and of conducting research, marketing and promotional activities in relation to the Event, subsequent Phillip Island FIM Superbike World Championships, similar events and other activities held at Phillip Island Grand Prix Circuit. Personal information may also be used for accounting and Event management purposes, for managing access to the Facility and the Circuit, for reporting incidents to Worksafe Victoria and other relevant authorities under applicable laws and for legal proceedings. Film and photographic footage may be used as set out in Condition 20. If the Ticket Holder does not provide us with the personal information described above:
      1. the Ticket Holder may not be admitted to the Event; and
      2. we may not be able to provide the Ticket Holder with information about products and services that the Ticket Holder may want, including information about discounts, sales or special promotions.
    1. We may disclose the personal information we collect to our employees, related bodies corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations) as well as to relevant authorities as set out above. We are not likely to disclose the information to overseas recipients (other than images, as set out in condition 20).
    2. Our privacy policy is available on our website (www.phillipislandcircuit.com.au) and contains more details about:
      1. the personal information we collect and how we deal with that information;
      2. how a ticket holder may access the personal information which we hold about them and seek correction of that information; and
      3. how a ticket holder may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.
      4. Alternatively, to find out more about how we collect and use personal information, contact PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).
      5. Unless a Ticket Holder advises us to the contrary, the Ticket Holder consents to receiving future promotional and marketing material from us and our related entities, including, but not limited to, via electronic messages (e.g. email, SMS etc). If a Ticket Holder does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).
  23. Tickets shall be delivered/collected as follows:
    1. Delivery/collection of General Admission and Camping Ground tickets is subject to the delivery/collection method nominated by the Ticket Holder via the Ticketek website at the time of purchase.
    2. Corporate Ticket Holders will be required to collect tickets from the Gate 2 Accreditation Centre from Thursday 27th February 2020 upon presentation of their confirmation letter and appropriate photo identification.
  24. General Admission and Camping Ground Ticket Holders who have nominated to receive tickets via mail will be delivered (within Australia only) by Standard or Registered Post via Australia Post depending on the method you select at the time of purchase. Postage may be charged in addition to the price of the Ticket (and is nonrefundable). It is your responsibility to provide accurate postal details. PI SBK will not be responsible for any Tickets that are lost in transit.
  25. Ticket Holders acknowledge and agree that any part or parts of these Conditions which contravene the law of a relevant jurisdiction and are not enforceable may be read down and are severable and do not invalidate the remaining conditions.
  26. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
  27. Ticket Holders must not:
    1. use ‘Superbike’ insignia or trademarks or other intellectual property owned by PI SBK, Dorna or any related entity of either of them;
    2. conduct any advertising or promotion whatsoever in relation to the Circuit or the Event, including, without limitation, any corporate signage or corporate identification within or outside the Circuit;
    3. offer tickets to the Event for advertising or other promotional purposes (including prizes, contests or sweepstakes); or
    4. use the name of PI SBK, Dorna or any related entity of either of them or refer to any event promoted by PI SBK, Dorna or any related entity of either of them in any way that connects PI SBK, Dorna or the related entity with the Ticket Holder so as to indicate that PI SBK, Dorna or any related entity of either of them endorses the Ticket Holder or its activities or that the Ticket Holder is a sponsor or in some other way connected with PI SBK, Dorna (or any related entity of either of them) or the Circuit or any event promoted by PI SBK, Dorna or any related entity of either of them, without written consent of PI SBK, which consent may be subject to Dorna’s approval and is otherwise exercisable by PI SBK in its absolute discretion and may include such conditions as PI SBK sees fit.

Terms & Conditions of Entry

Entry to the Phillip Island Grand Prix Circuit (“Circuit”) during the 2020 Motul FIM Superbike World Championship Yamaha Finance Round Phillip Island event (including support events) (“Event”) and entry to the Circuit and presence at the Event by any person (including children) (“Patron”) is subject to the following Conditions. It is each Patron’s responsibility to inform themselves of these Conditions and any other conditions relating to the Event prior to attending the Event. By entering the Circuit, Patrons accept and understand as binding on them all Conditions and any accompanying risks, obligations and responsibilities. The Event is operated by PI SBK Pty Ltd ACN 108 623 730 (“PI SBK”). If Patrons have any queries in relation to the Conditions they can contact PI SBK on 03 5952 2710.

1. Release from liability

WARNING TO THE PUBLIC – Motor racing is DANGEROUS and any persons attending the Circuit do so entirely at their own risk. It is a condition of admission that all persons having a connection with the promotion and/or organisation and/or conduct of the Event, including the operator of the Event, the owners of the land and the riders and owners of vehicles and passengers in or on the vehicles, are absolved from liability arising out of accidents causing damage or personal injury to Patrons to the fullest extent permitted by law.

  1. Without limiting the foregoing, but subject to Condition 1(b), to the fullest extent permitted by law, Patrons hereby exclude, release and forever discharge PI SBK, PI SBK’s Personnel and the Associated Entities from all liability for claims, loss, damage, costs or expenses of any nature arising from or connected with Patrons’ attendance at the Event or anything which occurs or fails to occur at the Event.
  2. Other than under Condition 2, nothing in these Conditions limits, excludes or modifies, or purports to limit, exclude or modify any Statutory Guarantees.
  3. With the exception of Statutory Guarantees, and in addition to Condition 2, PI SBK, PI SBK’s Personnel and the Associated Entities exclude:
    1. any term, condition or warranty that may otherwise be implied into these Conditions;
    2. any liability for loss, death or personal injury incurred as a result of or in connection with the Event, howsoever caused;
    3. any liability for damage to Patrons’ property as a result of or in connection with the Event, howsoever caused; and
    4. any liability for indirect or consequential loss (such as loss of profits, loss of revenue and loss of opportunity).
  4. Patrons indemnify PI SBK, PI SBK’s Personnel and the Associated Entities (“Indemnified Parties”) against all loss, liability, damage or expense incurred by any of the Indemnified Parties in connection with the Event, to the extent caused by the Patron.
  5. Patrons acknowledge and agree that the risks associated with attending the Event include the risk that the Patron may suffer harm as a result of:
    1. motor vehicles (or parts of them) colliding with other motor vehicles, persons or property;
    2. acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending the Circuit and Event; and
    3. motor sport being dangerous and that accidents causing harm can and do happen and may happen to the Patron and/or their property.

Patrons accept the conditions of, and acknowledge and voluntarily assume the risks arising from, attending the Event.

    • Patrons consent to receive and agree to pay for any medical or hospital treatment (including without limitation, ambulance transportation) which is considered in the opinion of PI SBK to be advisable before, during or after the Event. Each Patron indemnifies and will keep indemnified on demand PI SBK for all costs associated with any medical treatment required.

2. Release from liability – Recreational services

To the extent permitted by the law and in respect of any Recreational Services, Patrons hereby releaseand discharge each of PI SBK, PI SBK’s Personnel and the Associated Entities from all and any claims, loss, damage, costs and expense arising from any:

  1. death;
  2. physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
  3. contraction, aggravation or acceleration of a disease of an individual; or
  4. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community,

however it may be caused and even if caused by negligence or lack of due care and skill (other than Reckless Conduct) of PI SBK, PI SBK’s Personnel and the Associated Entities, arising from or connected with the supply or organisation of or participation in Recreational Services.

This release is intended to exclude the Patron’s rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this notice.

NOTE: The change to your rights as set out in this notice does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for theconsequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (VIC).

For the purpose of this paragraph 2, “the supplier” shall mean and include PI SBK, PI SBK’s Personnel and each of the Associated Entities.

3. Ticket restrictions

  1. Unless a Patron is the holder of a Ticket allowing entry to a reserved area or occupation of a reserved seat, they must not enter or remain in a reserved area or occupy a reserved seat.
  2. No representation is made to Patrons holding General Admission Tickets that there is space available in any particular viewing area.
  3. Concession Patrons must show approved identification (Pensioner Concession Card, State Government Seniors Card or Full Time Student Card (including International)) to the ticket sellers and at the entrance to the Circuit.

4. Restricted or prohibited items

  1. Patrons must not, without the consent of PI SBK, bring any of the following items into the Event or onto the Circuit:
    1. any alcoholic beverages;
    2. any glass bottles or containers or other glass objects (excluding sunglasses, binoculars and prescription glasses);
    3. any beverage container (including, without limitation, plastic bottles or cans) on which the manufacturer’s seal has been broken;
    4. any drink coolers, esky or ice boxes (other than one predominantly constructed of polystyrene);
    5. any structure or item that may be used to erect a structure, or which is capable of supporting the weight of a person, including, without limitation, any chairs, lounges, benches or stools (other than a folding fabric chair or folding fabric stool);
    6. prohibited weapons or controlled weapons within the meaning of the Control of Weapons Act 1990 (Vic) whose possession would constitute an offence under that Act or articles capable of being used as weapons or anything which may be used in a way which adversely affects the safety of Patrons in any race or other activity, damages property, or interferes with the comfort of Patrons or with their enjoyment of the Event;
    7. any object that could be used to distract, hinder or interfere with the driver or rider of any vehicle or craft taking part in the Event, or could be used to disrupt or interrupt, or could behave in a manner that may disrupt or interrupt, any race, event or activity, whether intentionally or otherwise, including (without limitation) a laser pointer;
    8. any animal (other than, if the person is blind, deaf or otherwise suffering a disability, a guide dog);
    9. any metal flag or banner pole, any extendable flag or banner pole, any flag or banner pole longer than 1 metre, or any flag or banner used or to be used in contravention of Condition 5(r);
    10. any whistle, loud hailer, public address system, electronic or other broadcasting device, or any other device which may interfere with electronic or radio communications or broadcasting signals and equipment used by PI SBK, or other persons authorised by PI SBK, in connection with the Event;
    11. any vehicle or transportation devices, including, without limitation, any motorcar, motorcycle, bicycle, scooter, skateboard, roller skates or roller blades;
    12. any fireworks, flares or distress signals;
    13. any barbeques or gas bottles;
    14. any item that the Patron intends (or such quantities of the item from which PI SBK can reasonably infer that the Patron intends) to distribute, hawk, sell, offer or expose for sale;
    15. any dangerous goods;
    16. any object, device or substance that may be used to deface or damage any part of the area used for the Event including (without limitation) any spray paint;
    17. any photographic, video or audio recording equipment PI SBK deems unacceptable for the purpose of Condition 10 below, which may include (without limitation) audio recorders, camera tripods, monopods or lenses with a total focal strength of greater than 300mm and digital video equipment;
    18. barbecues (including, without limitation, gas bottles); or
    19. drones of various sizes and other unmanned aerial vehicles.
    20. any Outlaw Motorcycle Gang insignia including patches, colours or printed clothing.
  2. If:
    1. Patrons bring any item referred to in Condition 4(a) into the Event or onto the Circuit without the consent of PI SBK; or
    2. any consent given by PI SBK to the bringing into the Event or onto the Circuit of any item is revoked by PI SBK at any time, which PI SBK may do in circumstances where in the reasonable opinion of PI SBK there is a security or safety reason for the revocation,

the Patron must immediately remove or hand to PI SBK the offending item or immediately leave the Event through the nearest exit. If the Patron fails to do so (or if in PI SBK’s reasonable opinion the item constitutes a safety or security risk and the item has been left unattended), each Patron consents to PI SBK removing the item from the Event or the Circuit and the Patron releases PI SBK and its Personnel from and indemnifies PI SBK and its Personnel against any loss, damage, claims or liability arising from or connected with such removal.

5. Patrons’ behavior

Patrons must not:

  1. pick any flower or injure or uproot any tree, shrub, flower or other plant or disturb or interferewith any fauna;
  2. climb or attempt to climb or remain on any tree or structure without the written consent of PI SBK;
  3. post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence, tree or barrier without the written consent of PI SBK;
  4. distribute any printed or visual matter or distribute, display or promote any advertising or promotional material, samples of goods or services or any other matter or thing, without the written consent of PI SBK;
  5. distribute, hawk, sell, offer or expose for sale any goods or services or collect money or orders from Patrons for goods or services, without the written consent of PI SBK;
  6. misuse, deface, damage, remove from the Circuit or tamper with or attempt to misuse, deface, damage, remove from the Circuit or tamper with any building, seat, chair, table, structure, vehicle, craft, truck, tap, tap fitting, conduit, electrical equipment, wiring or sign or excavate or cause to be excavated any part of the area used for the Event;
  7. block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass,underpass, bridge, passage, entry or exit;
  8. deposit litter, except in a receptacle provided for the purpose;
  9. throw or attempt to throw any stone, bottle or other projectile;
  10. disrupt, interrupt or behave in any manner that may disrupt or interrupt any race, event or activity, distract, hinder or interfere with a driver of any vehicle or craft or interfere with the comfort of other Patrons or their enjoyment of the Event;
  11. use indecent or obscene language or threatening or insulting words or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
  12. urinate or defecate otherwise than in a building or structure specifically provided for the purpose;
  13. operate or use a loud hailer, public address system or other broadcast device;
  14. conduct public surveys or opinion polls or solicit money, donations or subscriptions from members of the public, without the written consent of PI SBK;
  15. conduct entertainment without a licence from PI SBK;
  16. smoke in a designated no smoking area;
  17. use photographic video or audio recording equipment in areas where such use is prohibited or otherwise than as directed by PI SBK or its agents; or
  18. deliberately obstruct the view of any Patron seated in the immediate vicinity, or cause unreasonable annoyance to any Patron, official or employee or contractor of PI SBK, or interfere with the comfort of any Patron or their enjoyment of the Event.

6. Entry refusal and event eviction

PI SBK reserves the right to:

  1. prohibit entry or evict any Patron under the influence of drugs or alcohol, who is disorderly or engages in offensive or other inappropriate behaviour or vandalism or who evades or attempts to evade legal admission;
  2. prohibit entry to a Patron having in their possession any of the prohibited or restricted items listed in Condition 4;
  3. confiscate from a Patron any of the prohibited or restricted items listed in Condition 4; and
  4. prohibit entry to or evict any Patron from the Event in its absolute discretion.

7. Personal items

  1. Patrons bringing personal items onto the Circuit and into the Event do so at their own risk.
  2. PI SBK will not be held responsible for any damage to, loss or theft of, Patrons’ personal property.
  3. PI SBK may, at any time, inspect any bag, basket or other receptacle or require a Patron to turn out their pockets, bag, basket or other receptacle or inspect any boot of any vehicle.

8. Changes to event and cancellation

Except as set out in the Conditions of Sale, PI SBK and its Related Bodies Corporate will not be liable to any Patron for loss or damage (including, without limitation, indirect or consequential damage) suffered as a result of or arising from or in any way connected to cancellation, postponement or change to the Event.

9. Patron safety

  1. Patrons must immediately comply with all directions and announcements of PI SBK or its Personnel and any other authorities.
  2. Patrons who bring children to the Event are responsible for the care, conduct and supervision of those children at all times and must keep those children within sight at all times. Children may not be permitted to enter certain areas at the Event for safety or responsible service of alcohol reasons as determined by PI SBK (in its absolute discretion).

10. Filming and footage

Without limiting any action available to PI SBK, it is a condition of entry to the Event that:

  1. a person cannot make or reproduce or use any film or other form of moving photograph, moving picture, still pictures or any sound recording or any of them (“Footage”) of the Event or any part of it for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person making the Footage, without the consent of PI SBK and Dorna WSBK Organization S.r.l. (“Dorna”);
  2. if a person makes or reproduces or uses such Footage of the Event or any part of it with or without the consent of PI SBK and Dorna, that person must on request by PI SBK assign, in writing, all copyright and all intellectual property in the Footage to either PI SBK, Dorna or persons nominated by them as directed by PI SBK; and
  3. any filming from the Pit Roof Corporate Area is strictly prohibited.

11. Privacy and personal information

Patrons acknowledge that PI SBK and third parties authorised by PI SBK may make or record film, photographs or other forms of moving picture, still picture or any of them of the Event (including, without limitation, of Patrons). Each Patron hereby grants PI SBK, Dorna and third parties authorised by them permission to use photographs, film, tape, or other images or likenesses of the Patron in any media (including publication within or outside Victoria, Australia, including on the basis that Australian Privacy Principal 8.1 will not apply to disclosure of images or likenesses outside Australia) and for any purpose without identification or compensation or payment of any kind.

PI SBK and PI Operations Pty Ltd (we, our, us) collect personal information about patrons attending events at the Phillip Island Grand Prix Circuit (including, but not limited to, the Motul FIM Superbike World Championship Yamaha Finance Round or subsequent Phillip Island FIM Superbike World Championships). PI OPERATIONS and PI SBK may collect the name, address, phone number and email address of Patrons, as well as film, photographic and other footage, for the purposes of coordinating arrangements at the Event and of conducting research, marketing and promotional activities in relation to the Event, subsequent Phillip Island FIM Superbike World Championships, similar events and other activities held at Phillip Island Grand Prix Circuit. Personal information may also be used for accounting and Event management purposes, for managing access to the Facility and the Circuit, for reporting incidents to Worksafe Victoria and other relevant authorities under applicable laws and for legal proceedings. Film and photographic footage may be used as set out in Condition 10.

If the Patron does not provide us with the personal information described above:

  • the Patron may not be admitted to the Event; and
  • we may not be able to provide the Patron with information about products and services that the Patron may want, including information about discounts, sales or special promotions.

We may disclose the personal information we collect to our employees, Related Bodies Corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations) as well as to relevant authorities as set out above. We are not likely to disclose theinformation to overseas recipients (other than images as set out in Condition 10).

Our privacy policy is available on our website (www.phillipislandcircuit.com.au) and contains more details about:

  • the personal information we collect and how we deal with that information;
  • how a Patron may access the personal information which we hold about them and seek correction of that information; and
  • how a Patron may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

Alternatively, to find out more about how we collect and use personal information, contact PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

Unless a Patron advises us to the contrary, the Patron consents to receiving future promotional and marketing material from us and our related entities, including, without limitation, via electronic messages (e.g. email, SMS etc). If a Patron does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

12. General

  1. Patrons are reminded that their Ticket, the Event and entry to and presence at the Event is subject to Conditions of Sale, these Conditions and all applicable laws (including, without limitation, in respect of those parts of the Circuit which form part of an “event venue” under the Major Sporting Events Act 2009 (Vic), the crowd management provisions of that Act). Details are available from PI SBK, RMB 500GP, Cowes, Victoria, 3922 or at www.phillipislandcircuit.com.au. These Conditions are intended to add to and not to derogate from the rights of PI SBK, PI SBK’s Personnel and other Associated Entities and the obligations of Patrons under applicable laws.
  2. Patrons acknowledge and agree that any condition of these Conditions which contravenes the law of a relevant jurisdiction and is not enforceable (or part or parts thereof) may be read down and is severable and does not invalidate the remaining conditions severed from these Conditions and the remaining provisions will continue to apply.
  3. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
  4. Each release or exclusion of liability in this document is for the benefit of PI SBK, PI SBK’s Personnel and each of the Associated Entities and is held on trust by PI SBK so that its Personnel and each of the Associated Entities may enforce these provisions against each Patron. It is not necessary for PI SBK, PI SBK’s Personnel or any Associated Entity to incur expense or make payment before enforcing a right of indemnity under these Conditions.

13. Definitions

“Associated Entities” means Fox Group Holdings Pty Ltd, Linfox Property Group Pty Ltd, PI Operations Pty Ltd, PI Circuit Pty Ltd, PI Visitor Centre Pty Ltd, PI Graydens Pty Ltd, PI Sunrise-McGuigan Pty Ltd, 265 Ingles Street Pty Ltd, Dorna WBSK Organisation S.r.l, the Crown in right of the State of Victoria, The Minister and officers and employees of the Department of Jobs, Precincts and Regions, Visit Victoria Limited, Federation Internationale de Motocyclisme, Motorcycling Australia Ltdand Motorcycling Victoria, teams, service companies, national and international officials, race direction, clerks of the course, sporting technical stewards, timekeepers and marshals and all other parties involved in the conduct and organisation of the Event and their respective Personnel.

“CCA” means the Competition and Consumer Act 2010 (Cth);

“Personnel” means employees, officers, contractors, agents and representatives (as applicable);

“Reckless Conduct” has the meaning set out in section 139A(5) of the CCA;

“Recreational Services” has the meaning set out in section 139A(2) of the CCA;

“Related Body Corporate” has the meaning provided in the Corporations Act 2001 (Cth); and

“Statutory Guarantees” means the statutory consumer guarantees as provided under the Australian Consumer Law, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia.

Finance Round, Phillip Island and/or support category practice sessions, qualifying and/or racing) occurs, subject to the following:

    • if the Ticket is a single day Ticket – the Ticket Holder will receive a refund of the price of the single day Ticket; or
    • if the Ticket is a 3 day Ticket – the Ticket Holder will receive a proportionate refund of a fair portion of the price of the Ticket depending on the relevant day cancelled, the amount of such refund to be reasonably determined by PI SBK;
  • the entire Event is cancelled and cannot be rescheduled;
  • the dates of the Event are changed after ratification by FIM (see Condition 1) and the Ticket Holder does not wish to use the Ticket to attend the Event on the rescheduled dates;or
  • PI SBK is required by law to provide a refund
  1. Refunds made in accordance with Condition 4 will only be made if the Ticket Holder applies for a refund in writing by emailing ticketing@phillipislandcircuit.com.au or writing to PI SBK Pty Ltd and includes the following details:
    1. Ticket Holder’s name;
    2. Ticket Holder’s address; and
    3. proof of purchase (for example, the Ticket or a transaction receipt of purchase),

and the refund application is received by PI SBK within 21 days after the last scheduled day of the Event.

  1. Refunds will not be made for Tickets purchased through non-authorised sellers.
  2. Refunds will only be made for the specified price of the Ticket. Refunds will not be provided for fees such as third party service and delivery fees, postal charges, bank fees and other third party charges. Interest will not be payable in respect of any monies refunded. No refunds will be made for Tickets which, for any reason, were provided free of charge.
  3. Nothing in these Conditions affects Ticket Holders’ rights under Schedule 2 to the Competition and Consumer Act 2010 (C/wealth) or similar legislation regarding consumer guarantees, implied conditions or warranties to the extent that those rights, guarantees, implied conditions or warranties cannot be excluded by law.
  4. If the Event is cancelled or rescheduled, PI SBK will use reasonable endeavours to notify Ticket Holders of the cancellation. PI SBK does not guarantee that Ticket Holders will be informed of such cancellation before the date of the Event.
  5. PI SBK is not obliged to replace a Ticket or provide a refund for a lost, stolen or damaged Ticket (including, but not limited to, where a Ticket does not arrive in the mail), but may do so in its absolute discretion (provided the Ticket Holder can show proof of purchase) in which case the Ticket Holder is responsible for any reasonable fees (if any) applicable to the issuing of a new Ticket.
  6. Tickets obtained from sources not authorised by PI SBK may have been lost, stolen or counterfeit and will not be honoured for admission.
  7. Any Ticket purchased and the Ticket Holder’s entry to and presence at the Circuit, the Camping Grounds and the Event is subject to these Conditions, the Conditions of Entry displayed at Event entrances (and, in the case of the Camping Grounds, the Conditions of Entry to Camping Grounds displayed at the entry to the Camping Grounds) and at www.worldsbk.com.au (and which may be varied from time to time by PI SBK, acting reasonably), and all applicable laws (including, but not limited to, in respect of those parts of the Circuit which form part of an “event venue” under the Major Sporting Events Act 2009 (Vic), the crowd management provisions of that Act). These Conditions and the Conditions of Entry are intended to add to and not to derogate from the rights of PI SBK and the obligations of Ticket Holders under applicable laws.

Details of Conditions of Entry and Conditions of Entry to Camping Grounds are available by writing to PI SBK PTY LTD, RMB 500GP, Cowes, Victoria, 3922 or emailing ticketing@phillipislandcircuit.com.au or visiting www.worldsbk.com.au (but are subject to variation from time to time by PI SBK, acting reasonably). If you are unsure about the meaning of any conditions in respect of the Event you can also call PI SBK on the toll free hotline 1300 728 007. It is your responsibility to inform yourself of all conditions relating to the Event. By purchasing a Ticket, you accept and understand as binding on you all conditions and any accompanying risks, obligations and responsibilities.

  1. Published concessional ticket prices are available only to those classes of persons which PI SBK officially publishes as being eligible for the concessional price which includes Pensioners, State Government Seniors and Full Time Students. Identification and/or evidence of qualification for the concessional price may be required and must be produced if requested, both when purchasing Tickets in person and when entering the Event.
  2. Tickets are non-transferable on the day or during the day of presentation. Upon exit from the Circuit, the Ticket Holder’s hand must be stamped to regain entry to the Event on the same day. The stamp must be shown together with a valid Ticket clipped for that day to regain entry.
  3. Tickets may not, without the prior written consent of PI SBK, which may attach thereto any conditions it sees fit, be resold or offered for resale at a premium (including, but not limited to, via on-line auction sites) or used for advertising, promotion or other commercial purposes (including, but not limited to, competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If the Ticket is sold or used in breach of this condition, the Ticket may be cancelled without a refund and the bearer may be refused admission.
  4. PI SBK reserves the right, with reasonable cause, to refuse entry to any person or remove any person from the Event.
  5. Conditions at the Event (including, but not limited to, access, seating, protection from the weather, terrain and facilities available) vary from time to time. Some areas of the Event are exposed to direct sunlight and heat. Ticket Holders are required to take appropriate care for their wellbeing including, but not limited to, with regard to hydration and sun protection.
  6. Any authorised impression or map of the Circuit is provided as a guide only to approximate locations of seating, viewing areas and other conveniences and attractions around the Circuit and may not be drawn to scale. PI SBK reserves the right to determine actual and final location of and details concerning seating, viewing areas and other conveniences and attractions without notice. Natural or other obstructions may impede viewing in some areas and the Ticket Holder acknowledges and accepts that no reliance is placed on such impression or map of the Circuit when purchasing Tickets.
  7. Ticket Holders must only occupy the area or seat to which their Ticket applies. No representation is made to Ticket Holders holding general admission tickets that there is space available in any particular viewing area.
  8. Without limiting any action available to PI SBK, it is a condition of entry to the Event that:
    1. person cannot make or reproduce or use any film or other form of moving photograph, moving picture, still pictures or any sound recording or any of them (“Footage”) of the Event or any part of it for profit, gain, public advertisement, display or for any other purpose except for the private enjoyment of the person making the Footage without the consent of PI SBK and Dorna WSBK Organization S.r.l (“Dorna”);
    2. if a person makes or reproduces or uses such Footage of the Event or any part of it with or without the consent of PI SBK and Dorna, that person must on request by PI SBK assign, in writing, all copyright and all intellectual property in the Footage to either PI SBK, Dorna or persons nominated by them as directed by PI SBK; and
    3. any filming from the Pit Roof Corporate Area is strictly prohibited.
  9. Ticket Holders acknowledge that PI SBK and third parties authorised by PI SBK may make or record film, photographs or other forms of moving picture, still picture or any of them of the Event (including, but not limited to, of Ticket Holders). Each Ticket Holder hereby grants PI SBK, Dorna and third parties authorised by them permission to use photographs, film, tape, or other images or likenesses of the Ticket Holder in any media (including publication within or outside Victoria, Australia and including on the basis that Australian Privacy Principle 8.1 will not apply to disclosure of images or likenesses outside Australia) and for any purpose without identification or compensation or payment of any kind.
  10. PI SBK ACN 108 623 730 and PI OPERATIONS PTY LTD ACN 108 623 463 (we, our, us) collect personal information about patrons attending events at the Phillip Island Grand Prix Circuit including, but not limited to, the Motul FIM Superbike World Championship, Yamaha Finance Round, Phillip Island or subsequent Phillip Island FIM Superbike World Championships. PI SBK and PI Operations Pty Ltd may collect the name, address, phone number and email address of ticket holders, as well as film, photographic and other footage, for the purposes of coordinating arrangements at the Event and of conducting research, marketing and promotional activities in relation to the Event, subsequent Phillip Island FIM Superbike World Championships, similar events and other activities held at Phillip Island Grand Prix Circuit. Personal information may also be used for accounting and Event management purposes, for managing access to the Facility and the Circuit, for reporting incidents to Worksafe Victoria and other relevant authorities under applicable laws and for legal proceedings. Film and photographic footage may be used as set out in Condition 20. If the Ticket Holder does not provide us with the personal information described above:
      • the Ticket Holder may not be admitted to the Event; and
      • we may not be able to provide the Ticket Holder with information about products and services that the Ticket Holder may want, including information about discounts, sales or special promotions.

    We may disclose the personal information we collect to our employees, related bodies corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations) as well as to relevant authorities as set out above. We are not likely to disclose the information to overseas recipients (other than images, as set out in condition 20)

    Our privacy policy is available on our website (www.phillipislandcircuit.com.au) and contains more details about:

    • the personal information we collect and how we deal with that information;
    • how a ticket holder may access the personal information which we hold about them and seek correction of that information; and
    • how a ticket holder may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

Alternatively, to find out more about how we collect and use personal information, contact PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

Unless a Ticket Holder advises us to the contrary, the Ticket Holder consents to receiving future promotional and marketing material from us and our related entities, including, but not limited to, via electronic messages (e.g. email, SMS etc). If a Ticket Holder does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

  1. Tickets shall be delivered/collected as follows:
    1. Delivery/collection of General Admission and Camping Ground tickets is subject to the delivery/collection method nominated by the Ticket Holder via the Ticketek website at the time of purchase.
    2. Corporate Ticket Holders will be required to collect tickets from the Gate 2 Accreditation Centre from Thursday 27th February 2020 upon presentation of their confirmation letter and appropriate photo identification.
  2. General Admission and Camping Ground Ticket Holders who have nominated to receive tickets via mail will be delivered (within Australia only) by Standard or Registered Post via Australia Post depending on the method you select at the time of purchase. Postage may be charged in addition to the price of the Ticket (and is non-refundable). It is your responsibility to provide accurate postal details. PI SBK will not be responsible for any Tickets that are lost in transit.
  3. Ticket Holders acknowledge and agree that any part or parts of these Conditions which contravene the law of a relevant jurisdiction and are not enforceable may be read down and are severable and do not invalidate the remaining conditions.
  4. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
  5. Ticket Holders must not:
    1. use ‘Superbike’ insignia or trademarks or other intellectual property owned by PI SBK, Dorna or any related entity of either of them;
    2. conduct any advertising or promotion whatsoever in relation to the Circuit or the Event, including, without limitation, any corporate signage or corporate identification within or outside the Circuit;
    3. offer tickets to the Event for advertising or other promotional purposes (including prizes, contests or sweepstakes); or
    4. use the name of PI SBK, Dorna or any related entity of either of them or refer to any event promoted by PI SBK, Dorna or any related entity of either of them in any way that connects PI SBK, Dorna or the related entity with the Ticket Holder so as to indicate that PI SBK, Dorna or any related entity of either of them endorses the Ticket Holder or its activities or that the Ticket Holder is a sponsor or in some other way connected with PI SBK, Dorna (or any related entity of either of them) or the Circuit or any event promoted by PI SBK, Dorna or any related entity of either of them,

without written consent of PI SBK, which consent may be subject to Dorna’s approval and is otherwise exercisable by PI SBK in its absolute discretion and may include such conditions as PI SBK sees fit.

Terms & Conditions of Entry to Campground

Use of any ticket, pass, credential or other document purchased in accordance with the Terms and Conditions of Sale (each a “Camping Ground Ticket”) allowing entry to the camping ground (“Camping Ground”) at the Phillip Island Grand Prix Circuit (“Circuit”) during the 2020 Motul FIM Superbike World Championship Yamaha Finance Round Phillip Island event (including support events) (“Event”) and entry to and presence at the Camping Ground by any person (“Patron”) is subject to the following Conditions of Entry to the Camping Ground (together the “Conditions”) and, for the avoidance of doubt the Terms and Conditions of Entry. It is each Patron’s responsibility to inform themselves of these Conditions and any other conditions relating to the Camping Ground prior to using the Camping Ground. By entering the Camping Ground, Patrons accept and understand as binding on them all Conditions and any accompanying risks, obligations and responsibilities. The Camping Ground is operated by PI SBK Pty Ltd ACN 108 623 730 (PI SBK). If Patrons have any queries in relation to these Conditions they can contact PI SBK on 03 5952 2710.

1. Release from liability

WARNING TO THE PUBLIC – Motor racing is DANGEROUS and persons camping at or otherwise utilising the Camping Ground do so entirely at their own risk. It is a condition of admission to the Camping Ground that all persons having a connection with the promotion and/or organisation and/or conduct of the Event, including the operator of the Event, the owners of the land and the riders and owners of vehicles and passengers in or on the vehicles, are absolved from liability arising out of accidents causing damage or personal injury to Patrons to the fullest extent permitted by law.

  1. Without limiting the foregoing, but subject to Condition 1(b), to the fullest extent permitted by law, Patrons hereby exclude, release and forever discharge PI SBK, PI SBK’s Personnel and each of the Associated Entities from all liability for claims, loss, damage, costs or expenses of any nature arising from or connected with Patrons’ entry to the Camping Ground or anything which occurs or fails to occur at the Camping Ground.
  2. Other than under Condition 2, nothing in these Conditions limits, excludes or modifies, or purports to limit, exclude or modify any Statutory Guarantees.
  3. With the exception of Statutory Guarantees, and in addition to Condition 2, PI SBK, PI SBK’s Personnel and the Associated Entities exclude:
    1. any term, condition or warranty that may otherwise be implied into these Conditions;
    2. any liability for loss, death or personal injury incurred as a result of or in connection with the Camping Ground or the Event, howsoever caused;
    3. any liability for damage to Patrons’ property as a result of or in connection with the Camping Ground or the Event, howsoever caused; and
    4. any liability for indirect or consequential loss (such as loss of profits, loss of revenue and loss of opportunity).
  4. Patrons indemnify PI SBK, PI SBK’s Personnel and the Associated Entities (“Indemnified Parties”) against all loss, liability, damage or expense incurred by any of the Indemnified Parties in connection with the Event, to the extent caused by the Patron.
  5. Patrons acknowledge and agree that the risks associated with attending the Event and the Camping Ground include the risk that the Patron may suffer harm as a result of:
    1. motor vehicles (or parts of them) colliding with other motor vehicles, persons or property;
    2. acts of violence and other harmful acts (whether intentional or inadvertent) committed by persons attending the Circuit and Event (including, without limitation, the Camping Ground); and
    3. motor sport being dangerous and that accidents causing harm can and do happen and may happen to the Patron and/or their property.

Patrons accept the conditions of, and acknowledge and voluntarily assume the risks arising from, attending the Event and the Camping Ground.

  1. Patrons consent to receive and agree to pay for any medical or hospital treatment (including, without limitation, ambulance transportation) which is considered in the opinion of PI SBK to be advisable before, during or after the Event. The Patron indemnifies and will keep indemnified on demand PI SBK for all costs associated with any medical treatment required.

2. Release from liability – Recreational services

To the extent permitted by the law and in respect of any Recreational Services, Patrons hereby releaseand discharge each of PI SBK, PI SBK’s Personnel and the Associated Entities from all and any claims, loss, damage, costs and expense arising from any:

  1. death;
  2. physical or mental injury of an individual (including the aggravation, acceleration or recurrence of such an injury of the individual);
  3. contraction, aggravation or acceleration of a disease of an individual; or
  4. coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs in relation to an individual that is or may be harmful or disadvantageous to the individual or community or that may result in harm or disadvantage to the individual or community

however it may be caused and even if caused by negligence or lack of due care and skill (other than Reckless Conduct) of PI SBK, PI SBK’s Personnel and the Associated Entities, arising from or connected with the supply or organisation of or participation in Recreational Services.

This release is intended to exclude the Patron’s rights under Subdivision B of Division 1 of Part 3-2 of the Australian Consumer Law and all other rights which may legally be excluded.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 (VIC)

WARNING: If you participate in these activities your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) if you are killed or injured because the activities were not supplied with due care and skill or were not reasonably fit for their purpose, are excluded, restricted or modified in the way set out in this notice.

NOTE: The change to your rights as set out in this notice does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 (Vic) and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012 (Vic).

For the purpose of this paragraph 2, “the supplier” shall mean and include PI SBK, PI SBK’s Personnel and each of the Associated Entities.

3. Restricted or prohibited items

  1. Patrons must not, without the consent of PI SBK, bring any of the following items into the Camping Ground
    1. any glass bottles or containers or other glass objects (excluding sunglasses, binoculars and prescription glasses);
    2. prohibited weapons or controlled weapons within the meaning of the Control of Weapons Act 1990 (Vic) whose possession would constitute an offence under that Act or articles capable of being used as weapons or anything which may be used in a way which adversely affects the safety of Patrons, damages property, or interferes with the comfort of Patrons;
    3. any object that could be used to distract, hinder or interfere with the driver or rider of any vehicle or craft taking part in the Event, or could be used to disrupt or interrupt, or could behave in a manner that may disrupt or interrupt, any race, event or activity, whether intentionally or otherwise, including (without limitation) a laser pointer;
    4. any animal (other than a guide dog, if the person is blind, deaf or otherwise suffering a disability);
    5. any metal flag or banner pole, any extendable flag or banner pole, any flag or banner pole longer than 1 metre, or any flag or banner used or to be used in contravention of condition 3(a)(iii);
    6. any whistle, loud hailer, public address system, electronic or other broadcasting device, or any other device which may interfere with electronic or radio communications or broadcasting signals and equipment used in connection with the Event;
    7. any scooter, skateboard, roller skates or roller blades;
    8. any fireworks, flares or distress signals;
    9. any item that the Patron intends (or such quantities of the item from which PI SBK can reasonably infer that the Patron intends) to distribute, hawk, sell, offer or expose for sale;
    10. any dangerous goods;
    11. any object, device or substance that may be used to deface or damage any part of the Circuit or the Camping Ground, including (without limitation) any spray paint;
    12. any photographic, video or audio recording equipment PI SBK deems unacceptable, which may include (without limitation) audio recorders, camera tripods, monopods or lenses with a total focal strength of greater than 300mm and digital video equipment;
    13. drones of various sizes and other unmanned aerial vehicles;
    14. any Outlaw Motorcycle Gang insignia including patches, colours or printed clothing; or
    15. any unregistered motor vehicle of any kind.
  2. If:
    1. Patrons bring any item referred to in Condition 3(a) into the Camping Ground without the consent of PI SBK; or
    2. any consent given by PI SBK to the bringing into the Camping Ground of any item is revoked by PI SBK at any time, which PI SBK may do in circumstances where in the reasonable opinion of PI SBK there is a security or safety reason for the revocation,

the Patron must immediately remove or hand to PI SBK the offending item or immediately leave the Camping Ground through the nearest exit. If the Patron fails to do so (or if in PI SBK’s reasonable opinion the item constitutes a safety or security risk and the item has been left unattended or, in any event, if the item is an unregistered vehicle), each Patron consents to PI SBK removing the item from the Camping Ground and the Patron releases PI SBK and its Personnel from and indemnifies PI SBK and its Personnel against any loss, damage, claims or liability arising from or connected with such removal.

4. Patrons’ behaviour

Patrons must not:

  1. pick any flower or injure or uproot any tree, shrub, flower or other plant or disturb or interfere with any fauna;
  2. climb or attempt to climb or remain on any tree or structure without the written consent of PI SBK;
  3. post, stick or place or attempt to post, stick or place any poster, placard, bill, banner, print, paper or any advertising material on any building, structure, fence, tree or barrier without the written consent of PI SBK;
  4. distribute any printed or visual matter or distribute, display or promote any advertising or promotional material, samples of goods or services or any other matter or thing, without the written consent of PI SBK;
  5. distribute, hawk, sell, offer or expose for sale any goods or services or collect money or orders from Patrons for goods or services, without the written consent of PI SBK;
  6. misuse, deface, damage, remove from the Circuit or tamper with or attempt to misuse, deface, damage, remove from the Circuit or tamper with any building, seat, chair, table, structure, vehicle, craft, truck, tap, tap fitting, conduit, electrical equipment, wiring or sign or excavate or cause to be excavated any part of the Circuit or the Camping Ground;
  7. block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass,underpass, bridge, passage, entry or exit;
  8. deposit litter, except in a receptacle provided for the purpose;
  9. throw or attempt to throw any stone, bottle or other projectile;
  10. behave in any manner that may interfere with the comfort of other Patrons or their enjoyment of the Camping Ground;
  11. use indecent or obscene language or threatening or insulting words or otherwise behave in a threatening, abusive, riotous, indecent or insulting manner;
  12. urinate or defecate otherwise than in a building or structure specifically provided for the purpose;
  13. operate or use a loud hailer, public address system or other broadcast device;
  14. conduct public surveys or opinion polls or solicit money, donations or subscriptions from members of the public, without the written consent of PI SBK;
  15. conduct entertainment without a licence from PI SBK;
  16. smoke in a designated no smoking area;
  17. use photographic video or audio recording equipment in areas where such use is prohibited or otherwise than as directed by PI SBK or its agents; or
  18. cause unreasonable annoyance to any Patron, official or employee or contractor of PI SBK, or interfere with the comfort of any Patron or their enjoyment of the Camping Ground

5. Entry refusal and eviction

PI SBK reserves the right to:

  1. prohibit entry or evict from the Camping Ground any Patron under the influence of drugs or alcohol, who is disorderly or engages in offensive or other inappropriate behaviour or vandalism or who evades or attempts to evade legal admission;
  2. prohibit entry to a Patron having in their possession any of the prohibited or restricted items listed in Condition 3;
  3. confiscate from a Patron any of the prohibited or restricted items listed in Condition 3; and
  4. prohibit entry to or evict any Patron from the Camping Ground.

6. Personal items

PI SBK reserves the right to:

  1. Patrons bringing personal items into the Camping Ground do so at their own risk.
  2. PI SBK will not be held responsible for any damage to, loss or theft of a Patron’s personal property including but not limited to tents and vehicles.

7. Ticket access at the camping ground

  1. In order to gain entry to the Camping Ground, Patrons must produce either a Camping Package Ticket or both a valid Camping Ground Ticket and either a valid three day or weekend General Admission, Grandstand or Corporate Hospitality ticket or a valid credential.
  2. Patrons must exchange the Camping Package Ticket or Camping Ground Ticket on arrival at the Circuit for a colour coded non-transferable wristband which will be recognised as the valid entry ticket for the Camping Ground. This wristband must be produced at all times in order to gain entry to the Camping Ground. The colour coded wristband will also be recognised as the valid entry ticket for General Admission Patrons for entry to the Event. Patrons with Grandstand or Corporate Hospitality tickets or credentials will retain those tickets or credentials for the purpose only of admission to the Circuit and relevant facility, and those tickets or credentials will not be valid for admission to the Camping Ground.
  3. All Patrons will be required to show identification (ie: drivers licence, concession card etc) prior to entry to the Camping Ground.

8. Camping ground compliance

  1. Patrons must immediately comply with all directions of PI SBK and its Personnel.
  2. Patrons who bring children to the Camping Ground are responsible for the care, conduct and supervision of those children at all times and must keep those children within sight. Children may not be permitted to enter certain areas at the Camping Ground for safety or responsible service of alcohol reasons as determined by PI SBK (in its absolute discretion). (c) Patrons must not in the Camping Ground:
  3. All Patrons will be required to show identification (ie: drivers licence, concession card etc) prior to entry to the Camping Ground. 8. CAMPING GROUND COMPLIANCE (a) Patrons must immediately comply with all directions of PI SBK and its Personnel. (b) Patrons who bring children to the Camping Ground are responsible for the care, conduct and supervision of those children at all times and must keep those children within sight. Children may not be permitted to enter certain areas at the Camping Ground for safety or responsible service of alcohol reasons as determined by PI SBK (in its absolute discretion). (c) Patrons must not in the Camping Ground:
    1. light any fire on a nominated Total Fire Ban day unless authorised to do so by PI SBK;
    2. allow any fire to be or become out of control; or
    3. except to the extent otherwise permitted by these Conditions, use any vehicle or transportation devices (registered or otherwise) including, without limitation, any motorcar, motorcycle, bicycle, scooter, skateboard, roller skates or roller blades and including, without limitation, on the Go-Kart track.
  4. PI SBK Pty Ltd may, at any time, inspect any vehicle, tent or camping equipment, bag, basket or other receptacle or require a Patron to turn out their pockets, bag, basket or other receptacle.
  5. Patrons in the Camping Ground with “Zone 1” tickets may drive their vehicles in and out of the Camping Ground during the Event.
  6. Patrons in the Camping Ground with “Zone 2” tickets must not move their vehicles once they enter the Camping Ground until the Event has finished.

9. Tents

  1. Patrons may bring the following items (at their own expense and risk) into the Camping Ground:
    1. subject to Condition 9(b) below, tents, marquees and other temporary structures used solely for camping purposes (“Tents”);
    2. barbeques (including gas bottles); and
    3. firewood, provided that each piece of firewood is pre-split and is no longer than 500mm in length.
  2. In respect of Tents brought into and used in the Camping Ground, Patrons acknowledge and agree to the following:
    1. no Tents may be erected which require occupancy permits;
    2. no Tents may be erected prior to Camping Ground opening times; and
    3. Tents must not exceed an area of 1 person per 6 square metres.

10. Privacy and personal information

Patrons acknowledge that PI SBK and third parties authorised by PI SBK may make or record film, photographs or other forms of moving picture, still picture or any of them of the Event (including, without limitation, of Patrons at the Event or in the Camping Ground). Each Patron hereby grants PI SBK, DornaOrganisation S.r.l. (“Dorna”) and third parties authorised by them permission to use photographs, film, tape, or other images or likenesses of the Patron in any media (including publication within or outside Victoria, Australia, including on the basis that Australian Privacy Principal 8.1 will not apply to disclosure of images or likenesses outside Australia) and for any purpose without identification or compensation or payment of any kind.

PI SBK and PI Operations Pty Ltd (we, our, us) collect personal information about patrons attending events at the Phillip Island Grand Prix Circuit (including, but not limited to, the Phillip Island Superbike World Championship or subsequent Phillip Island Superbike World Championships). PI OPERATIONS and PI SBK may collect the name, address, phone number and email address of Patrons, as well as film, photographic and other footage, for the purposes of coordinating arrangements at the Event and of conducting research, marketing and promotional activities in relation to the Event, subsequent PhillipIsland Superbike World Championships, similar events and other activities held at Phillip Island GrandPrix Circuit. Personal information may also be used for accounting and Event management purposes, for managing access to the Camping Ground and the Circuit, for reporting incidents to Worksafe Victoria and other relevant authorities under applicable laws and for legal proceedings. Film and photographicfootage may be used as set out above.

If the Patron does not provide us with the personal information described above:

  • the Patron may not be admitted to the Camping Ground or the Event; and
  • we may not be able to provide the Patron with information about products and services that the Patron may want, including information about discounts, sales or special promotions

We may disclose the personal information we collect to our employees, Related Bodies Corporate, contractors and service providers (including, but not limited to, research, marketing and promotional organisations) as well as to relevant authorities as set out above. We are not likely to disclose theinformation to overseas recipients (other than images as set out above in relation to film and photographic footage).

Our privacy policy is available on our website (www.phillipislandcircuit.com.au) and contains more details about:

  • the personal information we collect and how we deal with that information;
  • how a Patron may access the personal information which we hold about them and seek correction of that information; and
  • how a Patron may complain about a breach of the Australian Privacy Principles and how we will deal with such a complaint.

Alternatively, to find out more about how we collect and use personal information, contact PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

Unless a Patron advises us to the contrary, the Patron consents to receiving future promotional and marketing material from us and our related entities, including, without limitation, via electronic messages (e.g. email, SMS etc). If a Patron does not wish to receive promotional and marketing material, they should select the unsubscribe option where applicable or contact the PI Operations Pty Ltd Privacy Officer at RMB 500GP Cowes 3922, Victoria (Tel: +61 3 5952 2710).

11. General

  1. Any person who does not comply with these Conditions may be removed from the Camping Ground and may have any Tent, vehicle or transportation device brought into or used within the Camping Ground removed from the Camping Ground and their Camping Ground Ticket or wristband and any object brought into the Camping Ground may be confiscated by PI SBK.
  2. Patrons must comply with the Conditions of Entry in addition to these Conditions. The Conditions of Entry also apply to Patrons’ entry into the Circuit and Event. However, to the extent of any inconsistency, these Conditions prevail insofar as they apply to the Camping Ground.
  3. These Conditions are governed by the laws in force from time to time in Victoria. The parties submit to the exclusive jurisdiction of the courts of Victoria.
  4. Each release or exclusion of liability in this document is for the benefit of PI SBK, PI SBK’s Personnel and each of the Associated Entities and is held on trust by PI SBK so that its Personnel and each of the Associated Entities may enforce these provisions against each Patron. It is not necessary for PI SBK, PI SBK’s Personnel or any Associated Entity to incur expense or make payment before enforcing a right of indemnity under these Conditions.

12. Definitions

“Associated Entities” means Fox Group Holdings Pty Ltd, Linfox Property Group Pty Ltd, PI Operations Pty Ltd, PI Circuit Pty Ltd, PI Visitor Centre Pty Ltd, PI Graydens Pty Ltd, PI Sunrise-McGuigan Pty Ltd, 265 Ingles Street Pty Ltd, Dorna WBSK Organisation S.r.l, the Crown in right of the State of Victoria, The Minister and officers and employees of the Department of Job, Precincts and Regions, Visit Victoria Limited, Federation Internationale de Motocyclisme, Motorcycling Australia Ltd and Motorcycling Victoria, teams, service companies, national and international officials, race direction, clerks of the course, sporting technical stewards, timekeepers and marshals and all other parties involved in the conduct and organisation of the Event and their respective Personnel.

“CCA” means the Competition and Consumer Act 2010 (Cth);

“Personnel” means employees, officers, contractors, agents and representatives (as applicable);

“Reckless Conduct” has the meaning set out in section 139A(5) of the CCA;

“Recreational Services” has the meaning set out in section 139A(2) of the CCA;

“Related Body Corporate” has the meaning provided in the Corporations Act 2001 (Cth); and

“Statutory Guarantees” means the statutory consumer guarantees as provided under the Australian Consumer Law, as well as any other implied warranties under the ASIC Act or similar consumer protection laws in the States and Territories of Australia.

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