Terms and Conditions

Burradoo Park Farm — Visitor Terms and Conditions

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

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

1.2Visitors must comply with:

(a)all applicable laws of New South Wales and Australia;
(b)all directions given by SMART Collective or its Personnel;
(c)all signage located at the Premises;
(d)any booking conditions applicable to experiences or tours;
(e)BPF’s opening hours as published on the SMART Collective website or notified from time to time; and
(f)these Terms.

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

1.4Visitors to book attendance
When required by SMART Collective, Visitors must book their attendance using the ticketed booking system available on the BPF website. Visitors who do not hold a valid ticket may not be permitted to enter the Premises.

1.5Observe booking conditions
Visitors must adhere to the allocated time for each booking and comply with any other terms which form part of a ticketed booking.

2. Nature of the Premises

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

2.2Visitors 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:

(a)uneven terrain, holes, rocks, mud and natural obstacles, dams, creeks, irrigation channels and other bodies of water;
(b)livestock and animals including cattle, sheep, pigs, poultry and working dogs;
(c)wildlife including snakes, insects, kangaroos, owls, bees, spiders and other animals;
(d)agricultural machinery and vehicles including tractors, forklifts, utes and trailers;
(e)electrical fencing and farm infrastructure;
(f)crops, trees, vegetation, a playground and natural obstacles; and
(g)weather conditions including rain, storms, heat or slippery surfaces.

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

2.4Visitors 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.

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

3. Recreational Activity Acknowledgement

3.1Entry 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:

(a)interaction with livestock and animals;
(b)uneven ground, natural terrain and environmental conditions;
(c)dams, waterways and irrigation infrastructure;
(d)agricultural machinery and vehicles; and
(e)wildlife, insects and natural hazards.

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

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

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

3.5To 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

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

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

(a)animals;
(b)farm machinery or vehicles;
(c)terrain or environmental conditions;
(d)uneven or variable paths or surfaces;
(e)farming activities;
(f)the playground or any other aspect of the Premises; and
(g)wildlife or insects.

5. Release of Liability

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

(a)personal injury;
(b)illness;
(c)death;
(d)property loss or damage; and
(e)any other Loss,

arising from entry to or use of the Premises.

5.2Nothing in this clause excludes liability for:

(a)fraud;
(b)willful misconduct;
(c)reckless conduct; and
(d)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:

(a)the Visitor’s breach of these Terms;
(b)the Visitor’s negligent or unlawful conduct; and
(c)damage caused by the Visitor to property or other persons.

7. Children

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

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

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

7.4Children must not climb any trees, vehicles, equipment, fences, buildings or other structures on the Premises.

8. Restricted Areas

8.1Visitors must not enter any Restricted Area.

8.2Restricted Areas may include:

(a)Paddocks;
(b)animal enclosures;
(c)machinery areas;
(d)sheds; and
(e)staff-only areas.

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

9. Animals

9.1Animals on the Premises may behave unpredictably.

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

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

9.4Visitors 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.

9.5Visitors 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

10.1Agricultural machinery and vehicles may operate on the Premises.

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

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

11. Personal Property & Food

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

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

11.3Visitors are not permitted to bring their own food or beverages onto the Premises (other than water or sustenance for young children).

11.4Visitors are not permitted to bring any cooking implements or apparatus onto the Premises.

12. Visitor Conduct

12.1Visitors must:

(a)behave responsibly and respectfully;
(b)follow directions from Personnel;
(c)not damage property;
(d)not enter any dam or water storage facility;
(e)not fish or swim in any dam or watercourse;
(f)not interfere with farm operations;
(g)not ride any bicycle or scooter within the Premises;
(h)not display or distribute any advertising material, slogans or advertising notices;
(i)dispose of waste appropriately in designated bins or remove it from the Premises; and
(j)follow all emergency procedures and evacuation directions given by SMART Collective, Personnel, or emergency services.

12.2Visitors 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

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

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

13.3Alcohol which is sold at the Premises may only be consumed in areas authorised by SMART Collective.

13.4Visitors must not bring any alcohol onto the Premises.

14. Smoking and Vaping

14.1Smoking and vaping are prohibited except in designated areas.

14.2Visitors must comply with all fire safety directions.

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

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

15. Pets and Visitor Animals

15.1For biosecurity reasons, pets or animals are not permitted on the Premises unless expressly approved by SMART Collective.

15.2Where SMART Collective allows dogs on the Premises, Visitors must ensure all dogs:

(a)remain on a leash;
(b)remain under control at all times;
(c)remain within zones or areas designated by SMART Collective;
(d)do not enter any area of the farm signposted as a Restricted Area or dog-free area;
(e)do not enter any area used for farming activities (including the market garden, livestock areas, produce storage areas) or premises which prepare or serve food;
(f)do not enter any education spaces or areas occupied by children; and
(g)do not disturb livestock, farm operations, other pets, other guests or staff.

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

15.4Visitors must clean up after their dog and dispose of feces appropriately.

15.5Visitors must remain with their dog or pet at all times and not allow any animal to remain unsupervised or unattended. Dogs must not be tethered and left unattended while a Visitor is attending an eating establishment or attending a farm experience.

16. Medical and Health

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

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

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

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

17. Parking

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

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

17.3Visitors must park only in designated areas.

17.4Vehicles connected to electric charging stations must not exceed the notified time limit for charging.

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:

(a)breaches these Terms;
(b)behaves dangerously; or
(c)fails to follow staff directions.

20. Closure or Restricted Access

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

(a)weather conditions;
(b)safety concerns;
(c)farm operations;
(d)maintenance; and/or
(e)emergencies.

20.2SMART 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:

(a)participate in farm experiences or see animals;
(b)access all areas of the Premises; or
(c)observe farming activities.

22. CCTV

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

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

23. Photography

23.1SMART 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.

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

23.3Visitors 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

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

25.2To the maximum extent permitted by law:

(a)SMART Collective excludes all other warranties; and
(b)SMART Collective will not be liable for indirect or consequential loss.

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

(a)re-supplying the relevant services; or
(b)the cost of re-supplying those services.

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

26. Limitation of Liability

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

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

27. Force Majeure

27.1Force 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.

27.2Effect
If a Force Majeure Event occurs, SMART Collective may:

(a)close the Premises or any part of it;
(b)cancel or postpone any activities or bookings; and
(c)suspend its obligations under these Terms.

27.3Liability
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

30.1Definitions

In these Terms, unless the context otherwise requires:

(a)ACL means Schedule 2 to the Competition and Consumer Act 2010 (Cth), being the Australian Consumer Law.
(b)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.
(c)Civil Liability Act means the Civil Liability Act 2002 (NSW).
(d)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.
(e)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.
(f)Force Majeure Event has the meaning given to that term in clause 27.1.
(g)Loss includes any loss, damage, liability, cost, charge, expense or outgoing of any kind, including legal costs on a full indemnity basis.
(h)Obvious Risk has the meaning given in section 5F of the Civil Liability Act 2002 (NSW).
(i)Personal Property means any property, belongings, items or valuables brought onto BPF by a Visitor.
(j)Personnel means SMART Collective’s officers, employees, agents, contractors, volunteers and representatives.
(k)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.
(l)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.
(m)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.
(n)SMART Collective, we, us or our means SMART Collective, being the lessee and operator of BPF, and where the context permits includes its Personnel.
(o)Terms means these Visitor Terms and Conditions, as amended from time to time.
(p)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.
(q)Visitor Group means any guests, invitees, dependants, children or other persons accompanying a Visitor to BPF.
(r)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.

30.2Interpretation

Unless the context otherwise requires:

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