TERMS & CONDITIONS

MAINYARD Event Terms and Conditions (the “Conditions”)

“Event” means the event for which You have purchased a Ticket to attend, being MAINYARD; Gateshead.

“Promoter”, “We” and “Us” means “Shindig Events Ltd” and any associated promoter(s) or organisers of the Event; and

“Ticket” means Your ticket to the Event, in any format (including ‘print at home’ tickets).

“You” or “Your” means you as the Ticket holder or anybody who in the Promoter’s reasonable opinion is acting with your authority or permission.

Introduction

These Conditions incorporate, and should be read in accordance with, the terms and conditions of the authorised agent from which You purchased Your Ticket, copies of which are available from the relevant authorised Ticket agent. In the event or any inconsistency between these Conditions and the terms and conditions of the relevant authorised Ticket agent, these Conditions shall prevail.

All Tickets are sold subject to these Conditions. Please read the Conditions carefully prior to purchase and raise any queries prior to purchase. Purchase or possession of a Ticket constitutes acceptance of these Conditions.

These Conditions are subject to change from time to time without notice and in the Promoter’s sole discretion. We will notify You of amendments to these Conditions by posting them to this website.

General

Whilst every effort is made to ensure that the full, advertised billed performances take place, the Promoter reserves the right to change the published bill and/or running times without notification. This includes, but is not limited to, artists and billed attractions. Tickets are for the Event and not a specific artist.

By entering the Event You give Your express consent to being photographed/filmed or sound recorded as part of the audience, and to Your name, voice and/or likeness being included within any film, photograph, audio or audiovisual recording of the Event to be exploited in any and all media for any purpose at any time throughout the world. This may include filming by the police or security staff for the security of attendees at the Event or the prevention of crime.

Tickets cannot be used as part of any marketing, media or sales promotion or competition, whether commercial or non-commercial, or be combined with any hospitality, travel, accommodation service to create a Ticket package without the prior written consent of the Promoter.

You shall not bring into the Venue or display or distribute at the Event any sponsorship, promotional or marketing materials without the Promoter’s prior written consent.

The use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material within the Venue is strictly forbidden. You shall not bring any such equipment to the Venue or to the Event. Any such material may be confiscated and/or destroyed by the Promoter. Any recording made of the Event in breach of the Conditions shall belong to the Promoter and You agree to assign any and all rights in any such recordings to the Promoter.

Tickets

It is Your responsibility to check Your Ticket as if You have made a mistake, it cannot always be rectified after purchase. Upon purchase and receipt of Your Ticket, please check it carefully and notify Us immediately if You discover a mistake.

All tickets are issued as digitally scannable e-Tickets; You must produce a valid e-Ticket to gain access to the Event.

Tickets are securely issued by authorised ticket agents. Tickets bought from unauthorised sources will be rendered invalid and admission will be refused. Tickets can not be resold.

Tickets are personal revocable licences and shall at all times remain the Promoter’s property and subject to these Conditions. Any Ticket obtained in breach of the Conditions will be void. Any person seeking to use a void Ticket will be refused entry to, or ejected from, the Event without refund, and may be subject to legal action. Void Tickets are non-refundable.

Age policy

All events at MAINYARD are strictly 18+ - No under 18’s are permitted to attend.

The Promoter operates a Challenge 25 policy, so if You are lucky enough to look 25 or younger, please make sure that You bring an acceptable form of identification. Accepted forms of I.D. are:

1. An in-date photographic driver’s license or provisional licence;

2. A valid passport (not a photocopy). Out of date passports will NOT be accepted;

3. A Proof of Age Standards Scheme Card (showing the PASS hologram);

4. An in-date citizen card.

5. Valid Military ID Card

If You are found to be using identification that is not Your own or that is fake your Ticket will be voided and you will not be permitted to enter the event, no refunds will be given. This may also result in prosecution for both the owner of the identification and the person fraudulently attempting to use it. Identification that is found to be being used fraudulently may be confiscated.

On the spot checks will be in operation across the Event at all times. Please ensure You keep Your identification on You at all times.

Entry, refunds and cancellations

There shall be no pass-outs and no re-entry once You have entered the Event.

Tickets cannot be exchanged or refunded unless the Event is cancelled, re-scheduled or there is a material change to the Event. A ‘material’ change is a change which, in the Promoter’s reasonable opinion, makes the Event materially different to the Event that purchasers of a Ticket, taken generally, could reasonably expect. A change to the artists performing at the Event or to line up times shall not be a material change.

It is Your responsibility to ascertain whether the Event has been cancelled or re-scheduled and the date and time of the re-scheduled Event. Where the Event is cancelled or re-scheduled, the Promoter will use its reasonable endeavours to notify You using the details You provided at the time of ordering. The Promoter does not guarantee that You will be informed of such cancellation before the date of the Event. It is also Your responsibility to inform the point of sale from where You bought the Ticket of any change to the contact address, telephone number or email address You provided at the time of purchase.

Where the Event is cancelled, rescheduled and You cannot or do not wish to attend the rescheduled Event or where there is a material change to the programme of the Event, You will be entitled to a refund.

“Force Majeure” means any cause beyond the Promoter’s control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, national mourning, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments. The Promoter will not be liable to You for failure to perform any obligation under the Conditions to the extent that the failure is caused by Force Majeure.

The amount of any such refund shall be the face value of the Ticket purchased (except where the Event takes place over several days and not all days are cancelled, in which case only a partial refund will apply, corresponding to the day(s) cancelled). Personal arrangements including, but not limited to, travel, subsistence and accommodation relating to the Event which have been arranged by You are at Your own risk and the Promoter shall not be liable for any loss of enjoyment, losses incurred from personal arrangements or wasted expenditure beyond the Ticket refund stated above.

You must claim Your refund: (a) within 3 months of the cancelled or rescheduled Event, unless advised otherwise; or (b) as soon as possible and in good time before the materially changed Event takes place.

Restrictions, Safety and Housekeeping

Warning – Prolonged exposure to amplified sound may cause permanent hearing damage.

Warning – Strobe lighting and smoke effects may be used at the Event.

The Promoter reserves the right to implement any restrictions/conditions deemed necessary before and during the Event to ensure the safe management of the Event. You must at all times comply with any and all instructions given to You by Event staff and stewards.

The Promoter reserves the right to conduct security searches and confiscate: (a) any item which in the opinion of the Promoter may be used as a weapon, or is deemed by the Promoter to be dangerous or inappropriate or which may cause disruption to other persons at the Event; and (b) any of the following items which are not permitted at the Event as listed below;

• Alcohol or liquids of any kind except for 1 sealed 500ml bottle of water per customer or empty refillable water bottle which can be filled on site.

• illegal drugs including ‘legal highs’, psychoactive substances and Nitrous Oxide and associated equipment such as balloons and gas canisters.

• Prescription medication except for that needed for medical conditions. Proof of medical need must be provided on entry to the event.

• knives or weapons

• aerosols, sprays or pressurised containers

• Glass

• Umbrellas

• Food purchased outside of the event except for that needed for medical conditions. Proof of medical need must be provided on entry to the event.

• perfumes or aftershaves

• Dogs except for registered assistance dogs.

• Flares, Fireworks, Sky or Chinese Lanterns or other pyrotechnic devices

• Bikes

• High Visibility Vests or Coats

• rucksacks or large bags (small bags (that are not rucksacks) are allowed into the event with the dimensions W21cm x H30CM x D8cm (A4 Size)).

• Selfie-Sticks

• Laser equipment including laser pens.

• Air Horns and Megaphones

• Professional audio and video recording equipment.

You must obey the laws of the land. Drugs are no more legal at an event than in the outside world. Drug dealing and consumption will not be tolerated. MAINYARD has zero tolerance for legal highs.

Filming and photography in the gate areas is strictly prohibited

Notwithstanding anything else contained in these Conditions, the Promoter shall not be liable for any loss, theft or damage to confiscated items. Any personal property brought to the Event is at Your own risk.

The Promoter shall be entitled to refuse You entry or evict You from the Event in reasonable circumstances including without limitation: (a) for health and safety or licencing reasons; (b) for resisting confiscation of disallowed items or refusing to comply with security searches; (c) for being in breach of these Conditions; (d) for behaving in a manner which is likely to affect the safety or enjoyment of other persons at the Event, including using or displaying threatening, abusive or insulting words or mannerisms or behaving in a manner which may provoke a breach of the peace; (e) if, in the Promoter’s reasonable opinion, You appear to be acting under the influence of alcohol or drugs; (f) if You fail, when required, to produce proof of identity or age; or (g) if Your Ticket is void. No refunds will be given to You if You are refused entry or ejected due to Your own behaviour and your Ticket will be confiscated.

The Event is partially held outdoors, so please be aware of weather conditions. You are strongly advised to bring appropriate clothing, including warm clothing for travelling home with.

You must not leave any bags or other items of personal property unattended at the Event. Any personal possessions or other items which are found at the Event shall be retained by the Promoter for a period of 30 days following their discovery. During this period You may collect any item which belongs to You from a location specified by the Promoter upon reasonable proof of identification and ownership. If, upon the expiry of 30 days from the date of its discovery, any item has not been collected by You, the Promoter reserves the right to dispose of any such items as it sees fit without any further liability to You (notwithstanding anything else in the Conditions). Where possible, any uncollected items will be donated to charity.

Abandoned items of property that constitute a security risk may be removed and or destroyed and not returned to You.

Please respect the residents of the areas surrounding Gateshead Stadium and enter and leave as quietly as possible.

Please also keep the area tidy, use litter bins provided.

Accessibility

Disabled facilities are available. Please find full details on the accessibility page of our website.

SARS-COV-2 (COVID-19) & Future Epidemic / Pandemics

In light of the COVID 19 pandemic, you understand that there are particular risks associated with attending any outdoor or indoor gathering (including any Event). This clause sets out our obligations and your obligations to reduce risks connected to the COVID 19 pandemic but will apply equally to any future epidemic or pandemic.

We will take reasonable steps to comply with any relevant guidelines intended to reduce the spread of COVID 19 and we will make you aware of these measures. However, we cannot be responsible for the behaviour or health of other attendees and cannot effectively ensure that no attendees at any Event will have COVID-19. Accordingly, we will not be responsible if you or any Guest catch COVID-19 at an Event or for any illness or death of you or any Guest caused by COVID 19.

You understand and accept that you will be attending the Event and using any facilities on-site at your own risk.

To help us to reduce the spread of COVID 19, you must not attend the Event if:

• you have tested positive for COVID 19 within 14 days of the commencement of the Event;

• you display any symptoms of COVID 19;

• you live with somebody who displays symptoms of COVID 19 or who has tested positive for COVID 19 within 14 days of the commencement of the Event; or

• you are otherwise required to self-isolate.

On arrival you will be asked to provide the following. Failure to provide one of the below will result in your ticket being voided and entrance to the event being refused;

• A negatived COVID-19 Lateral Flow Device Test (LFT) taken within 48 hours of the start of the event via Text Message or Email from the NHS Track and Trace Service. (Please do not bring LFTs to the event).

• Proof of double vaccination through the NHS COVID-19 App or via printed NHS COVID Pass

• Proof of natural immunity by means of proof of a positive polymerase chain reaction (PCR) test within 180 days of the commencement of the event.

You understand that We have the right, at our complete discretion, to:

• refuse entry or re-entry to any attendee who we reasonably believe may display COVID 19 symptoms or who may not have followed Government guidelines or our guidelines or entry requirements;

• require that any attendee leaves the Event where we reasonably believe that they may not be complying with these Terms and Conditions or any of our or Government guidelines in force in relation to COVID 19.

We ask that you notify us if you test positive for COVID 19 within 48 horus of attending the Event so that we can notify attendees who may have come into contact with you whilst at the Event.

Liability

The Promoter will not be liable for any loss, injury or damage to any person (including You) or property however caused: (a) in any circumstances where there is no breach of a legal duty of care owed by the Promoter, (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury as a result of a breach of a legal duty of care owed by the Promoter); or (c) to the extent that any loss or damage results from breach by You of any of the Conditions.

Nothing in these Conditions shall exclude any liability of the Promoter for death or personal injury caused by negligence, or for any other type of liability that cannot by law be excluded or limited.

General

Except to the extent that the Promoter is required or permitted by law to do otherwise, personal information provided by You to the Promoter will only be used in accordance with the Data Protection Act 1998 and any consents given by You in relation to Your personal information.

The Promoter shall be entitled to assign all and any of its rights and obligations under the Conditions without notice to You, provided that You are not adversely affected by the same.

If it is found by a court that any of the Conditions for any reason cannot be enforced, this shall not prevent the other provisions from continuing to apply.

Any delay of the Promoter in enforcing any of the Conditions shall not constitute a waiver of its rights to do so.

You and the Promoter both agree that it has not entered into the Conditions in reliance of, and shall have no remedy in respect of, any statement, representation, covenant, warranty, undertaking or indemnity by any person other than as expressly set out in the Conditions.

Nothing in this clause shall operate to limit or exclude any liability for fraud.

If any dispute arises out of the Conditions, the Promoter will attempt to settle it. To this end the Promoter shall use its reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to both parties within 21 days.

This does not restrict Your rights to pursue court proceedings.

The Conditions shall be governed by the laws of England and Wales and parties agree to submit to the exclusive jurisdiction of the English courts