These Visitor Terms and Conditions (Terms) govern entry to and use of Burradoo Park Farm located at Lot 1 on DP60383, 6 Railway Road, Burradoo NSW (BPF). BPF is operated by SMART Collective Pty Limited (ACN 682 342 981) (SMART Collective, we, us or our) under the registered business name Burradoo Park Farm.

By entering BPF you agree to be bound by these Terms. If you do not agree to these Terms you must not enter the Premises.

1. INVITATION FOR VISITORS

1.1. Entry to the Premises is granted at the discretion of SMART Collective.

1.2. Visitors must comply with:

  1. all applicable laws of New South Wales and Australia;
  2. all directions given by SMART Collective or its Personnel;
  3. all signage located at the Premises;
  4. any booking conditions applicable to experiences or tours;
  5. BPF’s opening hours as published on the SMART Collective website or notified from time to time; and
  6. these Terms.

1.3. SMART Collective may amend these Terms at any time by publishing updated terms on its website.

2. NATURE OF THE PREMISES

2.1. Visitors acknowledge that the Premises operate as a Working Farm and forms part of an active rural property where agricultural activities occur.

2.2. Visitors acknowledge that the Premises are not a controlled urban or indoor environment and may contain hazards typical of rural and farming properties including, but not limited to:

  1. uneven terrain, holes, rocks, mud and natural obstacles, dams, creeks, irrigation channels and other bodies of water;
  2. livestock and animals including cattle, sheep, pigs, poultry and working dogs;
  3. wildlife including snakes, insects, kangaroos, owls, bees, spiders and other animals;
  4. agricultural machinery and vehicles including tractors, forklifts, utes and trailers;
  5. electrical fencing and farm infrastructure;
  6. crops, trees, vegetation and natural obstacles; and
  7. weather conditions including rain, storms, heat or slippery surfaces.

2.3. Visitors acknowledge that farming operations may occur at any time and machinery, vehicles, animals and Personnel may be operating or moving throughout the Premises.

2.4. Visitors further acknowledge that conditions on a rural property may change rapidly due to weather, farming activities or animal movement and that the Premises may not be maintained to the same standard as urban commercial premises.

2.5. Visitors agree to take reasonable care for their own safety and the safety of others while on the Premises.

3. RECREATIONAL ACTIVITY ACKNOWLEDGEMENT

3.1. Entry to and wandering around the Premises constitutes participation in a recreational activity within the meaning of the Civil Liability Act.

3.2. Risk Warning

The Premises is a working farm and entry involves participation in recreational activities which may involve significant inherent risks, including but not limited to:

  1. interaction with livestock and animals;
  2. uneven ground, natural terrain and environmental conditions;
  3. dams, waterways and irrigation infrastructure;
  4. agricultural machinery and vehicles; and
  5. wildlife, insects and natural hazards.

These risks may result in personal injury, illness, property damage or death.

3.3. Visitors acknowledge that recreational activities on farms involve inherent and Obvious Risks including the risk of serious injury or death.

3.4. Visitors voluntarily assume all risks associated with entering the Premises and participating in activities on the Premises.

3.5. To the maximum extent permitted by law, SMART Collective is not liable for harm arising from Obvious Risks of recreational activities and does not owe a duty of care in respect of such risks.

4. ASSUMPTION OF RISK

4.1. Each Visitor acknowledges that they enter the Premises entirely at their own risk.

4.2. Visitors accept full responsibility for any injury, death, property damage or other Loss arising from risks associated with:

  1. animals;
  2. farm machinery or vehicles;
  3. terrain or environmental conditions;
  4. farming activities; and
  5. wildlife or insects.

5. RELEASE OF LIABILITY

5.1. To the maximum extent permitted by law each Visitor releases SMART Collective and its Personnel from any Claim arising from or in connection with:

  1. personal injury;
  2. illness;
  3. death;
  4. property loss or damage; and
  5. any other Loss,

arising from entry to or use of the Premises.

5.2. Nothing in this clause excludes liability for:

  1. fraud;
  2. wilful misconduct;
  3. reckless conduct; and
  4. gross negligence,

to the extent such liability cannot lawfully be excluded.

6. INDEMNITY

Visitors indemnify and hold harmless SMART Collective and its Personnel against any Claim or Loss arising from:

  1. the Visitor’s breach of these Terms;
  2. the Visitor’s negligent or unlawful conduct; and
  3. damage caused by the Visitor to property or other persons.

7. CHILDREN

7.1. Children under 18 years of age must be supervised at all times by a responsible adult.

7.2. Adults are responsible for the safety and behaviour of children in their care.

7.3. Children must not be left unattended or unsupervised on the Premises.

8. RESTRICTED AREAS

8.1. Visitors must not enter any Restricted Area.

8.2. Restricted Areas may include:

  1. Paddocks;
  2. animal enclosures;
  3. machinery areas;
  4. sheds; and
  5. staff-only areas.

8.3. SMART Collective may designate additional Restricted Areas at any time.

9. ANIMALS

9.1. Animals on the Premises may behave unpredictably.

9.2. Visitors must not approach, touch, chase, feed or interfere with animals unless expressly permitted by SMART Collective.

9.3. SMART Collective does not guarantee that Visitors will see animals during their visit.

9.4. Visitors acknowledge that animals are unpredictable and may bite, kick, butt, trample, startle or behave aggressively. Even normally docile animals may react unpredictably to unfamiliar people, noise or sudden movement.

9.5. Visitors assume all risks associated with the presence of animals and agree that SMART Collective is not responsible for injuries caused by the natural behaviour of animals.

10. MACHINERY AND VEHICLES

10.1. Agricultural machinery and vehicles may operate on the Premises.

10.2. Visitors must maintain a safe distance from all machinery and vehicles.

10.3. Visitors must not touch, operate or enter any equipment.

11. PERSONAL PROPERTY

11.1. Visitors bring personal belongings onto the Premises at their own risk.

11.2. SMART Collective accepts no responsibility for lost, stolen or damaged items.

12. VISITOR CONDUCT

12.1. Visitors must:

  1. behave responsibly and respectfully;
  2. follow directions from Personnel;
  3. not damage property;
  4. not enter any dam or water storage facility;
  5. not fish or swim in any dam or watercourse;
  6. not interfere with farm operations;
  7. not display or distribute any advertising material, slogans or advertising notices;
  8. dispose of waste appropriately in designated bins or remove it from the Premises; and
  9. follow all emergency procedures and evacuation directions given by SMART Collective, Personnel, or emergency services.

12.2. Visitors must not remove, pick, cut, or take any vegetation, plants, trees, rocks, produce, or other materials from the Premises without prior written consent from SMART Collective.

13. ALCOHOL AND DRUGS

13.1. Visitors must not attend the Premises while intoxicated or under the influence of illegal drugs.

13.2. SMART Collective may refuse entry or remove any person who appears intoxicated or impaired.

13.3. Alcohol may only be consumed in areas authorised by SMART Collective.

14. SMOKING AND VAPING

14.1. Smoking and vaping are prohibited except in designated areas.

14.2. Visitors must comply with all fire safety directions.

14.3. Due to fire risk on rural land SMART Collective may prohibit smoking entirely during periods of high fire danger.

14.4. Visitors must not bring to or light any fires, candles, sparklers, fireworks, or other open flames at the Premises.

15. PETS AND VISITOR ANIMALS

15.1. Pets or animals are not permitted on the Premises unless expressly approved by SMART Collective.

15.2. Approved animals must:

  1. remain on a leash;
  2. remain under control at all times; and
  3. not disturb livestock.

15.3. Visitors are liable for any damage or injury caused by their animals.

16. MEDICAL AND HEALTH

16.1. Visitors must ensure they are physically fit and capable of safely participating in activities on the Premises.

16.2. Visitors with medical conditions that may be aggravated by farm environments should seek medical advice before visiting.

16.3. SMART Collective does not guarantee that medical personnel or first aid services will be available on site.

16.4. Visitors must notify Personnel immediately if injury or illness occurs.

17. PARKING

17.1. Vehicles parked on the Premises are parked at the owner’s risk.

17.2. SMART Collective is not responsible for theft, loss or damage to vehicles.

17.3. Visitors must park only in designated areas.

18. INCIDENT REPORTING

Visitors must report any accident, injury, damage or near miss to SMART Collective Personnel before leaving the Premises.

19. RIGHT TO REFUSE ENTRY

SMART Collective may refuse entry to or remove any Visitor who:

  1. breaches these Terms;
  2. behaves dangerously; or
  3. fails to follow staff directions.

20. CLOSURE OR RESTRICTED ACCESS

20.1. SMART Collective may close or restrict access to any part of the Premises at any time including due to:

  1. weather conditions;
  2. safety concerns;
  3. farm operations;
  4. maintenance; and/or
  5. emergencies.

20.2. SMART Collective makes no guarantee that any area of the Premises will remain accessible.

21. NO GUARANTEE OF EXPERIENCES

SMART Collective does not guarantee that Visitors will:

  1. participate in farm experiences;
  2. access all areas of the Premises; or
  3. observe farming activities.

22. CCTV

22.1. CCTV and surveillance systems are in operation at the Premises.

22.2. Footage may be provided to law enforcement authorities where required.

23. PHOTOGRAPHY

23.1. SMART Collective may take photographs or videos for promotional purposes. All copyright and intellectual property rights in such photographs and videos vest in SMART Collective upon creation. By entering the Premises, Visitors grant SMART Collective an irrevocable, royalty-free, worldwide license to use, reproduce, and publish their image for marketing and promotional purposes.

23.2. Visitors who do not wish to appear in such material should notify Personnel.

23.3. Visitors must obtain prior written consent from SMART Collective before photographing or filming Personnel, commercial operations, or farm infrastructure for commercial purposes or publication.

24. PRIVACY

Personal information collected from Visitors will be handled in accordance with our Privacy Policy, available at burradooparkfarm.com.

25. AUSTRALIAN CONSUMER LAW

25.1. Nothing in these Terms excludes or restricts rights that cannot be excluded under the ACL.

25.2. To the maximum extent permitted by law:

  1. SMART Collective excludes all other warranties; and
  2. SMART Collective will not be liable for indirect or consequential loss.

25.3. Where liability cannot be excluded under the ACL, SMART Collective’s liability is limited to:

  1. re-supplying the relevant services; or
  2. the cost of re-supplying those services.

25.4. Where entry to the Premises is free of charge, the value of the services supplied is nil.

26. LIMITATION OF LIABILITY

26.1. To the maximum extent permitted by law SMART Collective will not be liable for any Loss arising from entry to the Premises.

26.2. Where liability cannot be excluded, liability will be reduced to the extent that the Visitor contributed to the loss.

27. FORCE MAJEURE

27.1. Force Majeure Event

A Force Majeure Event means any event beyond SMART Collective’s reasonable control including fire, flood, storm, pandemic, government order, biosecurity restriction, animal disease outbreak, or any other event preventing safe operation of the Premises.

27.2. Effect

If a Force Majeure Event occurs, SMART Collective may:

  1. close the Premises or any part of it;
  2. cancel or postpone any activities or bookings; and
  3. suspend its obligations under these Terms.

27.3. Liability

SMART Collective is not liable for any Loss arising from a Force Majeure Event, including cancellation of visits or activities.

28. GOVERNING LAW

These Terms are governed by the laws of New South Wales.

29. SEVERABILITY

If any provision of these Terms is unenforceable it will be severed and the remaining provisions will continue in effect.

30. DEFINITIONS AND INTERPRETATION

30.1. Definitions

In these Terms, unless the context otherwise requires:

  1. ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law.
  2. BPF means Burradoo Park Farm located at Lot 1 on DP60383, 6 Railway Road Burradoo NSW, together with adjoining lots or properties which form part of Burradoo Park Farm.
  3. Civil Liability Act means the Civil Liability Act 2002 (NSW).
  4. Claim includes any claim, demand, action, proceeding, judgment, damage, loss, liability, cost, expense or penalty however arising and whether present, unascertained, immediate, future or contingent.
  5. Farm Activities means all activities conducted at or in connection with BPF from time to time, including farming operations, agritourism, farm gate sales, tours, visitor access, hospitality activities, maintenance, deliveries, animal handling and the operation or movement of vehicles, machinery and equipment.
  6. Force Majeure Event has the meaning given to that term in clause 27.1.
  7. Loss includes any loss, damage, liability, cost, charge, expense or outgoing of any kind, including legal costs on a full indemnity basis.
  8. Obvious Risk has the meaning given in section 5F of the Civil Liability Act 2002 (NSW).
  9. Personal Property means any property, belongings, items or valuables brought onto BPF by a Visitor.
  10. Personnel means SMART Collective’s officers, employees, agents, contractors, volunteers and representatives.
  11. Premises means BPF and all land, buildings, improvements, accessways, car parks, paddocks, enclosures, amenities and other areas made available by SMART Collective from time to time.
  12. Restricted Area means any part of the Premises which SMART Collective designates as closed, prohibited or restricted, whether by signage, fencing, barriers, gates, verbal direction or otherwise.
  13. Risk Warning means any warning, whether written or oral, and whether given by signage, these Terms, staff directions or otherwise, concerning risks associated with entry to or activities at BPF.
  14. SMART Collective, we, us or our means SMART Collective, being the lessee and operator of BPF, and where the context permits includes its Personnel.
  15. Terms means these Visitor Terms and Conditions, as amended from time to time.
  16. Visitor means any person who enters, attends or is present at BPF, whether alone, as part of a group, under a booking, invitation or otherwise, and includes any parent, guardian, accompanying person or guest of that person.
  17. Visitor Group means any guests, invitees, dependants, children or other persons accompanying a Visitor to BPF.
  18. Working Farm means a commercial rural property on which Farm Activities occur, including the use of livestock, animals, machinery, vehicles, tools, fences, chemicals, irrigation, natural waterways and other hazards ordinarily associated with farming land.

30.2. Interpretation

Unless the context otherwise requires:

  1. the singular includes the plural and vice versa;
  2. a reference to a person includes individuals, companies, partnerships, trusts and other entities;
  3. a reference to legislation includes amendments or replacements of that legislation; and
  4. the words “including” or “for example” do not limit what else might be included.