Leighoak Club Conditions of Entry     

 

General

Your entry to the Leighoak Club (including the car park) located at 1555 Dandenong Rd, Oakleigh VIC 3166 ("The Leighoak") is subject to these terms and conditions of entry ("Conditions").

  

It is your responsibility to inform yourself of these Conditions. By entering the Venue, or possessing a ticket or booking for entry to the Venue, you are deemed to have accepted and understood as binding on you these Conditions and any accompanying risks, obligations and responsibilities.

 

Conditions of Entry

Leighoak reserves the right to refuse entry to or remove any person from the Venue.

 

If you bring minors to the Venue, you are responsible for the care, conduct and supervision of those minors at all times and must keep those minors within your sight at all times.

 

Leighoak prohibits certain goods from being brought into the Venue. A current list of these goods is listed in the attachment headed "Prohibited Goods". Leighoak reserves the right to add to or change this list at any time.

 

You must immediately comply with all laws and any reasonable directions given to you by Leighoak staff, as well as MVRC, and its representatives, including any emergency evacuation or procedure or any other occupational health and safety requirement. Leighoak may search you and any goods in your possession or control to determine whether you have complied with clause 5.

 

You are responsible for your own property (including, without limitation, any motor vehicle) and Leighoak will not be liable for loss, damage to or theft of any property brought to the Venue.

 

It is unlawful for minors under 18 years of age to purchase alcohol or to gamble, and minors are prohibited at all times from doing so at the Venue.

 

On Selling

You are not permitted to sell or on-sell your tickets to any Leighoak events (by any means) without the prior written approval of Leighoak, including but not limited to use for advertising, promotion or other commercial purposes, such as giveaways, trade promotions or competitions.

 

The holder of a ticket which has been offered for re-sale, or which has been purchased by way of on-sale without MVRC's approval, may be refused entry or removed.

 

 Cancellation, Refund Policy & Conditions

If an Event is cancelled before the scheduled commencement time, it may be rescheduled, and you will be offered an admission ticket to the rescheduled Event or a refund of the cost of your admission ticket.

 

 

Liability and Indemnity

There are certain risks associated with your attendance at the Venue. This includes the possibility of an accident causing death, injury, damage or loss of property and harm caused as a result of an incident involving or arising from the movement of horses, the consumption of alcohol or the behaviour or conduct of other patrons. Furthermore, Leighoak makes no representations regarding the weather conditions, shelter at the Venue or your level of comfort while at the Venue.

 

Under Victorian and Commonwealth consumer protection legislation, Leighoak provides you with certain non-excludable and unlimited warranties, including that Leighoak will provide its services to you with due skill and care.

 

You indemnify and agree to keep indemnified Leighoak and its employees, contractors and agents against any liability for any claim, loss (including pure economic loss), damage, costs and expenses arising from your acts or omissions at the Venue.

 

Leighoak’s liability to you is limited to any loss or damage caused by Leighoak’s negligent acts or omissions or as a result of a breach by Leighoak of the statutory implied warranties referred to in clause 13.

 

Under no circumstances whatsoever will Leighoak accept liability for any loss suffered by you as a result of the cancellation or postponement of any Event held at the Venue or for any expectation damages associated with your attendance at the Venue, including without limitation, damages on the basis of loss of chance or opportunity.

 

Use of Images and Material Created

You acknowledge that you may be filmed, televised, photographed and otherwise recorded by Leighoak and its authorised representatives while at the Venue. Leighoak owns all rights in these images and material, including without limitation intellectual property rights, and has the right to reproduce, use or license the use of these images and material as it sees fit without your further approval being required.

 

A person may only take images of activities at the Venue for personal use and must not make available any images for public advertisement, display, commercial exploitation, sale, broadcasting, or distribution by any person by any means without Leighoak’s  prior written approval, which may be withheld or subject to conditions (including the payment of money) at Leighoak’s absolute discretion.

 

Where the Venue reasonably suspect images are being taken for non-personal use, the person taking the images may be liable to immediate removal from the Venue at the direction of the Club.

 

You acknowledge and agree that any video recordings, films, still pictures, photographs or any other images taken by you at or in the Venue that breach these Conditions:(a) must not be publicly or privately uploaded to any internet website, social media page or any other forum; and(b) must be immediately destroyed and may be destroyed by Leighoak or its authorised representatives in its or their sole and absolute discretion.

You acknowledge and agree that you consent to:(a) Leighoak pleading this clause 21 of the Conditions as a bar to the conduct specified in clause 20(a); and(b) any and all attempts by Leighoak to have any offending video recordings, films, still pictures, photographs or other images removed from any place of publication, including but not limited to public and private social media pages.

 

Breach of Condition

Leighoak may prohibit you from entering or expel you from the Venue using reasonable force if it considers you are in breach of a Condition or if it considers that you are intoxicated or under the influence of illicit substances, in possession of a prohibited substance or acting in a manner detrimental to the enjoyment of other patrons.

 

Leighoak Club reserves the right in its sole discretion, without otherwise limiting the rights available to it under these Conditions or at law, to:

 

(a) prohibit entry to the Venue to ensure compliance with these Conditions; 

(b) expel you from the Venue;  

(c) search any person to determine whether you have a prohibited good and require you to surrender and confiscate any goods in contravention of these Conditions and retain or dispose of such goods;

(d) confiscate or cancel your admission ticket without refund;

(e) report you to an appropriate law enforcement body; and

(f) impose any other lawful penalty it deems appropriate.

  

Privacy

Leighoak collects your personal information to operate the Venue, conduct the Event, provide you with services and to enhance security and protect the safety of patrons of the Venue (including through surveillance equipment such as security cameras). The personal information you have provided to Leighoak is collected, used and disclosed in accordance with the MVRC Privacy Policy (available from https://www.thevalley.com.au/privacy-policy). Leighoak may share your personal information with third parties such as its ticketing agency and other companies engaged to carry out functions and activities on MVRC's behalf, including direct marketing, companies MVRC engages to operate rewards and loyalty programs or otherwise in accordance with MVRC's Privacy Policy. Your information is not generally disclosed overseas. MVRC's Privacy Policy contains information about how you may access and request correction of your personal information and provides information about how a complaint will be dealt with by MVRC. If you do not wish to receive promotional material from MVRC, MVRC's sponsors or third parties, you must advise MVRC by email or telephone or via the specific opt-out procedures in the relevant communication.

 

Medical Treatment 

You suffer any injury or illness, you agree that a representative of Leighoak may provide or facilitate evacuation, first aid and/or medical treatment at your expense and that your acceptance of these Conditions constitutes your consent to such evacuation, first aid and/or medical treatment. You agree to reimburse Leighoak for any costs or expenses incurred in providing such medical treatment.

 

 

Unauthorised Promotion

You must not, without the written authorisation of Leighoak, represent in any way, including by advertising material, statement or inference, that:

 

(a) you are a sponsor or affiliate of, or in any other way connected with, the Event ; and

 (b) Leighoak has approved of, or supports in any other way, any goods or services offered for sale or supply by you.

 

If Leighoak reasonably believes that any advertising material that has been brought into or is displayed in or at the Venue makes a representation in contravention of this clause, Leighoak or its authorised representatives may:

 

(a) remove, obliterate, conceal or dispose of the advertising material; or

 

(b) direct a person whom Leighoak reasonably believes is responsible for bringing in or displaying the advertising material to do any of the things specified in subclause (a).

  

General

You acknowledge and agree that any part of these Conditions that contravenes the law of Victoria or Australia will not be enforceable, but that such conditions (or parts thereof) are severable and do not invalidate the remaining clauses of these Conditions.

 

These Conditions are governed by the laws of the State of Victoria, Australia and you agree to submit to the exclusive jurisdiction of the courts of Victoria.  

 

SCHEDULE 1

Prohibited Goods

 

liquor or any alcoholic beverages

glass objects

cans

opened beverage containers or those with the manufacturer's seal broken

drink coolers, ice boxes or eskies

firearms, knives or any other implement that may be used as a weapon or used in a way which affects the safety of those in the venue, damages property, or interferes with the comfort of patrons at the Leighoak.

a "dangerous article", "prohibited weapon" or "controlled weapon" each within the meaning of those terms as defined in the Control of Weapons Act 1990 (Vic)

flares, distress signals including pyrotechnic devices, rockets and smoke generators

or other explosives or flammable good or equipment

laser lights or laser pointers

drones or similar unmanned aerial vehicles or surveillance devices

musical instruments

whistles and loud hailers, horns, bugles, vuvuzelas

a flag or banner larger than one metre by one metre or with a handle longer than one metre

rollerblades, skateboards, hoverboards or scooters

torn up paper, confetti, rice or streamers

sporting goods such as footballs, soccer balls or tennis balls

folding or camp chairs, lounges, benches, stools or tables

animals excluding animal/s used for your assistance if you are blind, deaf or otherwise have a disability

dangerous goods as defined in the Dangerous Goods Act 1985 (Vic)

except if authorised by Leighoak, any item you intend (or such quantities of the item from which Leighoak can reasonably infer that you intend) to distribute, sell, offer or expose for sale

any item bearing any image, slogan or text that is indecent, discriminatory, obscene, insulting or threatening, as determined by Leighoak in its sole discretion

except if authorised by Leighoak, public address systems, electronic equipment, broadcast equipment or similar device that may interfere with the broadcast equipment or similar devices being used by Leighoak

any item the possession of which does not have an ordinary and reasonable use by a person within the Venue

any other objects, device or substance that may be used to deface or damage any part of the venue or which, in the opinion of the Leighoak, has the potential to cause injury, offence, embarrassment or disturbance to any other person

 

 

SCHEDULE 2

Prohibited Behaviour, Conduct & Activities

 

You must not, in or around the Venue engage in the following prohibited behaviour, conduct and activities.

Litter

Throw or attempt to throw objects

Hinder or obstruct, or attempt to hinder or obstruct

Advertise, offer or expose for sale any goods or articles or bring any goods, articles, utensils or appliances which you intend to advertise, offer or expose for sale

Possess, use or attempt to use a prohibited item (see Prohibited Goods)

Except if authorised by Leighoak, provide any services for fee, gain or reward, collect or attempt to collect money, distribute advertising matter, play musical instruments, use any audio or broadcasting equipment or a camera for commercial purposes

Post, stick or place or attempt to post, stick or place any printed material on any part of the Venue without the prior written consent of Leighoak

Block any thoroughfare including, without limitation, any stairs, steps, aisle, gangway, overpass, underpass, bridge, passage, entry or exit

Climb any tree, flagpole or other fixture

Set off any firework

Dig up or disturb the surface of any road or other land including the race track

Fail to comply with a reasonable request or direction given by Leighoak or its authorised representatives for the purpose of securing good order and management and enjoyment of the Venue
Misuse, deface, damage, remove from the Venue or tamper with or attempt to misuse, deface, damage, remove from the Venuenor tamper with any building, animal, plant, structure, signage, equipment or thing

Inflate, or cause to inflate, any item or good

Systematically collect or pick up used betting tickets discarded by others (other than as part of the authorised rubbish collection)

Use indecent or obscene language or threatening or insulting words, or otherwise behave in a provocative, disorderly, threatening, abusive, riotous, unsafe, indecent or insulting manner or act in a manner detrimental to the enjoyment of other patrons.

Behave in any manner that unduly interferes with the amenity of the Venue or the enjoyment of the Venue by patrons, or causes serious alarm or affront to a person by disorderly conduct

Use a loud speaker, public address system or other broadcast device

Operate or use any electronic device or audio equipment to broadcast sound or video at a volume likely to cause a nuisance to another person or to unduly interfere with the amenity of the Venue

Busk

Interfere with, obstruct or hinder any employees, agents or contractors of Leighoak in the exercise of his or her powers, functions or duties

Disrupt or attempt to disrupt, or behave in a manner that may disrupt or interrupt the Venue, any horse race or activity relating to the Event or a particular horse race

Deliberately obstruct the view of any other person seated in a seat in the immediate vicinity

Conduct entertainment without the prior written consent of Leighoak

Engage or participate in any conduct, protest or demonstration that may disturb or offend others or which may disrupt or hinder proceedings

Use photographic, video or audio recording equipment in areas where such use is prohibited

Make, record or transmit or attempt to make, record or transmit any form of still or moving film or sound recording or digital or analogue image of any part of the Venue or a horse race other than for the private enjoyment of the person making, recording or transmitting it, without the written authorisation of Leighoak

Communicate information relating to estimated or actual betting odds by any means to any person not at the Venue.

Conduct surveys or opinion polls, solicit money, donations or subscriptions from patrons, without the prior written consent of Leighoak

Smoke in areas nominated by Leighoak as non-smoking

Enter the non-public access areas of the Venue

Obstruct a person in the performance of the person's work or duties in relation to the Venue

Leighoak adopts a responsible service of alcohol policy. A person under the age of 18 years must not attempt to obtain admission onto the licensed areas of the Venue unless accompanied by a parent or guardian. You must not supply underage patrons with alcohol.

 

 

SCHEDULE 3

Car Parks

 

The following conditions apply when you enter, leave or use the Car Parks at any of our venues.

In these conditions references to:

(a) “Car Parks” mean the car parks controlled by or on behalf of MVRC or Leighoak and used for the parking of vehicles or other purposes, including public cark parks and unreserved car parks, or any car parks designated as such by Leighoak from time to time;

  

(b) "Conditions" mean the MVRC 'Conditions of Ticketing and Entry' available at https://www.thevalley.com.au/terms-and-conditions;

  

(c) “we”, “us” and “our” means the Leighoak (ABN 45 806 588 917), its employees, agents, and independent contractors;

 

(d) "you" means the person using, or intending to use the Car Park; 

 

(e) "your vehicle" includes a vehicle driven, or intended to be driven, by you into the Car Park; and

 

(f) capitalised terms not otherwise defined have the same meaning as that given to them in the Conditions. 

 

By entering the Car Park, you are deemed to have accepted these Conditions of Entry and Parking ("Parking Conditions") and the Conditions. These Parking Conditions prevail over the Conditions to the extent of any inconsistency.

 

You drive, park and leave your vehicle in the Car Park subject to these Parking Conditions and the Conditions, at your own risk and you remain responsible for your vehicle and any property in or on it at all times.

 

We may refuse entry to the Car Parks to any vehicle or person.

 

You must display the correct ticketing at all times.

 

We are not liable, except to the extent required by law, for:

 

(a) any theft, loss, or damage whatsoever to any vehicle, its accessories, or its contents,

 

(b) any death or injury of any person, while you, your vehicle or your property are in the Car Park or while you are entering or leaving the Car Park. 

 

Vehicles entering the Car Park must comply with:

 

(a) all applicable Victorian and Commonwealth laws;

 

(b) all signs and directions contained in the Car Park; and

 

(c) all reasonable directions and requests made by us from time to time.

 

You must park within the boundaries of one bay.

You must not obstruct any persons or other vehicles or access to them.

 

We may, at your expense, move or remove your vehicle if, in our opinion, it is parked in an unauthorised or unsafe position, is unregistered or appears to be abandoned, and if we move your vehicle, these conditions continue to apply.

 

We reserve the right to retain your vehicle, and all goods in or attached to the vehicle, as security for any money which you owe us under these Parking Conditions. If you fail to pay any money you owe us, we may sell your vehicle in accordance with all applicable legislation.

 

Failure to comply with these conditions may result in the issue of a parking infringement notice and you will be liable for the payment of penalties.

  

COVID-19 Conditions of Entry   

 

In consultation with the State Government and Racing Victoria, the Leighoak has introduced specific safety measures and protocols in an effort to safeguard the health, safety and wellbeing of persons attending Leighoak. 

 

It is in the interest of those attending Leighoak to comply with the safety measures that have been put in place. Leighoak reserves the right to refuse entry to or remove any individual failing to comply with these safety measures.

 

The safety measures are intended to minimise the risk of contracting the Covid-19 virus, but this risk cannot be completely eradicated. Visitors enter the Leighoak venues at their own risk.

 

Visitors are not permitted to attend Leighoak if they:

are feeling unwell, subject to any COVID-19 symptoms including fever, cough, sore/scratchy throat, shortness of breath, loss of smell/taste, runny nose, muscle pain, nausea/vomiting, diarrhoea;

 

have been in close contact with a person who has tested positive for COVID-19 (during the period of time in which the virus is contagious);

 

are awaiting the results of a test for COVID-19 or reside with anyone who is awaiting the results of a test for COVID-19;

 

comply at all times with all Government public health, safety and wellbeing directions;

 

only access the area of the venue and individual seat that has been allocated to them;

 

acknowledge the right of Leighoak to refuse entry or request departure of any visitor at any time and for any reason.

 

 

 

All Areas

You acknowledge and accept that entry implies acceptance of the conditions of entry relating to COVID-19 which have been established for the health and safety of all attendees, staff and racing participants that will enter the Venue (including Designated Racing Participant Areas).

 

You acknowledge and agree that your entry will be subject to directions issued by Victoria’s Chief Health Officer pursuant to the Public Health and Wellbeing Act 2008 (Vic) and/or otherwise under relevant Victorian law, which you understand may be updated from time to time.

 

Failure to comply with these conditions will result in you being refused entry or evicted from Leighoak.

 

While the conditions of entry relating to COVID-19 are designed to reduce the risk of transmission of COVID-19, it is not possible to eliminate that risk entirely. You acknowledge that by entering the Venue you assume the risk of suffering an illness or fatality related to COVID-19.

 

Privacy

 

MVRC recognises the importance of your privacy. A copy of MVRC’s privacy policy is available by contacting MVRC’s Privacy Officer on (03) 9373 2222 or by emailing privacy@mvrc.net.au.

 

Click here to view the Privacy Policy