- Agreement to Terms
1.1. This Agreement is entered into between AfrikaBurns Creative Projects NPC (the “Event Organiser”) and the person acquiring a ticket, whether paid, subsidised, discounted, or complimentary, (the “Attendee”)
1.2. By acquiring a ticket to attend AfrikaBurn (the “Event”), the Attendee agrees to be bound by the terms and conditions outlined in this Ticket Purchase Agreement (the “Agreement”) and the Policies.
- Policies
2.1. This Agreement includes, and incorporates by reference, all applicable rules, guidelines, regulations, policies, conditions, disclaimers, checklists, principles, and terms, as set out below:
2.1.1. Refund and Communicable Illness Policies
2.1.2. Event Disclaimer
2.1.3 Event Rules
2.1.4 Supplier Policy
2.1.5. Photography and Media Policy
2.1.6. Guiding Principles
2.2. Attendees may be subject to compliance with additional rules, guidelines, regulations, policies, conditions, disclaimers, checklists, principles, and terms, according to the scope of their event-related projects and activities. Including but not limited to: Artworks, Binnekring Events, Mutant Vehicles, Performances, and Theme Camps.
2.3. Each and every provision as set out in the Policies are hereby deemed to be binding terms, regardless of whether they are presented as otherwise.
- Compliance with Policies and Consequences for Breach
3.1. Failure to adhere to any of the terms and conditions set out in the Agreement or Policies may result in the following consequences, which may be determined by the Event Organiser in their absolute discretion:
3.1.1. cancellation of your ticket;
3.1.2. denial of entry to the Event;
3.1.3. immediate removal from the Event without refund;
3.1.4. ban from future Events;
3.1.5. legal action;
3.1.6. further and/or additional actions.
- Changes to the Agreement and Policies
4.1. The Event Organiser reserves the right to amend, modify, or update this Agreement and/or the Policies at any time without prior notice.
4.2. It is the Attendees responsibility to regularly review the most current version of the Agreement and the Policies on our website.
4.3. Your continued possession or use of the ticket constitutes acceptance of any modifications or updates.
- General Provisions
5.1. This Agreement constitutes the entire understanding and agreement between the parties with respect to the subject matter herein and supersedes all prior or contemporaneous agreements, negotiations, representations, or understandings, whether oral or written, between the parties.
5.2. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless it is set out in writing by the Event Organiser.
5.3. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, which shall remain in full force and effect.
5.4. The failure of the Event Organiser to enforce any right or provision of the Agreement or Policies shall not constitute a waiver of future enforcement of that right or provision. A waiver of any provision or right under this Agreement by Event Organiser will only be effective if it is in writing.
5.5. This Agreement shall be governed by, and construed in accordance with, the laws of the Republic of South Africa. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.
5.6. The Event Organiser shall not be liable for any delay or failure to perform its obligations under this Agreement or the Policies if such delay or failure results from acts of God, war, terrorism, pandemics, governmental action, labour disputes, or any other cause beyond the reasonable control of the affected party (“Force Majeure Event”).
5.7. This Agreement may not be assigned, transferred, or sublicensed by the Attendee without the prior written consent of the Event Organiser. The Event Organiser may cede, assign, or transfer the Agreement in the ordinary conduct of operations.
5.8. For the purposes of interpreting this Agreement, the Ejusdem Generis rule shall apply. Where general words follow an enumeration of specific items or categories, the general words shall be construed to apply only to items of the same type or nature as those specifically listed.
5.9. This Agreement shall be deemed to have been entered into at 8 Junction Rd, Salt River, Cape Town, Western Cape, South Africa, at the date and time at which the Attendee’s ticket is confirmed.
5.10. Provisions that, by their nature, are intended to survive the termination or expiration of this Agreement shall so survive.
5.11. The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual intent, and no rule of strict construction shall be applied against either party.
Last updated: October 2024
