Terms of Participation waiver

ZENDARA FARM & THE FARM BYRON BAY

PARTICIPANT WAIVER, RELEASE OF LIABILITY & TERMS OF PARTICIPATION

By purchasing a ticket, signing this waiver or participating in any experience conducted by Zendara Farm and/or The Farm Byron Bay ("Provider"), you acknowledge that you have read, understood and agree to these Terms.

For the purposes of this Agreement, "Provider" means Zendara Farm Pty Ltd, The Farm Byron Bay Pty Ltd (where applicable), the owners and occupiers of the land on which the Activities take place, together with their respective directors, officers, employees, contractors, volunteers, agents, representatives, successors, assigns and affiliated entities.

1. AGE REQUIREMENTS

Participants aged 18 years or over may participate independently.

Participants aged 16 to 17 years must have this Agreement signed by a parent or legal guardian before participating.

Children under 16 years must be accompanied and actively supervised by a parent or legal guardian throughout the experience. Where applicable, both adult and child must hold a valid ticket.

The accompanying adult accepts full responsibility for the supervision, conduct and safety of any child attending.

2. HEALTH DECLARATION

You confirm that you are physically capable of participating.

If you are pregnant or have any medical condition, injury, disability or allergy that may affect your participation, you agree to seek medical advice before attending.

Participation is voluntary and entirely at your own risk.

3. CODE OF CONDUCT

To ensure a safe and enjoyable experience for guests, staff and animals, participants agree to:

• Follow all directions given by staff immediately.

• Treat all animals with care and respect.

• Not chase, frighten, restrain or lift goats unless instructed.

• Behave respectfully towards staff, volunteers and other guests.

The Provider reserves the right to refuse entry or remove any participant, without refund, whose behaviour is considered unsafe, disruptive or harmful.

4. IMPORTANT WARNING UNDER THE CIVIL LIABILITY ACT 2002 (NSW)

This experience is a recreational activity conducted on a working farm and involves interaction with live animals and the natural environment.

Participation involves obvious risks and may also involve dangerous recreational activities as those terms are used in the Civil Liability Act 2002 (NSW).

These risks include the possibility of personal injury, illness, permanent disability, death and property damage.

To the fullest extent permitted by law, including the Civil Liability Act 2002 (NSW) and the Australian Consumer Law, the Provider excludes liability for harm resulting from the materialisation of obvious risks and dangerous recreational activities, except where liability cannot lawfully be excluded.

By participating, you acknowledge that you understand these risks and voluntarily choose to participate.

5. ACKNOWLEDGEMENT & ASSUMPTION OF RISK

I acknowledge that participating in a working farm experience involves inherent and unavoidable risks.

These risks include, but are not limited to:

• goats or other livestock biting, scratching, kicking, headbutting, stepping on feet, jumping, climbing, nibbling, pushing or behaving unpredictably

• slips, trips and falls

• uneven ground, rocks, mud, tree roots, holes and natural obstacles

• electric fencing, gates, farm infrastructure and machinery

• insects, snakes, spiders and wildlife

• weather conditions including heat, rain and slippery surfaces

• allergic reactions

• exposure to hay, dust, animal feed, manure and other farm materials

• interaction with vehicles, equipment or other participants.

I understand that these risks may result in injury, illness, emotional distress, permanent disability, death or damage to my property.

I voluntarily assume all risks associated with my participation, whether known or unknown, obvious or not obvious, foreseeable or unforeseeable, to the fullest extent permitted by law.

6. RELEASE OF LIABILITY

To the fullest extent permitted by law, I release and forever discharge the Provider from all claims, liabilities, demands, actions, damages, losses, costs and expenses arising out of or connected with my participation in the Activities.

This includes claims arising from:

• interaction with animals

• the natural condition of the property

• participation in recreational activities

• inherent or obvious risks

• acts or omissions of other participants

• any other risks ordinarily associated with a working farm or animal experience,

except where liability cannot lawfully be excluded under Australian law.

7. INDEMNITY

I agree to indemnify and hold harmless the Provider against any claim, loss, liability, damage, cost or expense (including reasonable legal costs) arising from:

• my negligent, reckless or unlawful conduct

• my breach of this Agreement

• injury or damage caused by me to another participant

• damage caused by me to the Provider's property, facilities or animals

• claims brought on behalf of any child accompanying me.

8. ANIMAL WELFARE

The welfare of our animals is our highest priority.

Participants agree to comply with all directions relating to animal handling.

Where a participant intentionally or negligently causes injury or death to an animal, they may be responsible for all reasonably incurred losses including:

• veterinary treatment

• rehabilitation costs

• loss of breeding value

• replacement value where applicable

• any other reasonable costs incurred by the Provider.

9. CHILDREN

Parents and guardians acknowledge that children may not appreciate the risks associated with animals or working farms.

Parents and guardians accept full responsibility for supervising children at all times.

The Provider does not assume responsibility for supervising children.

10. MEDICAL EMERGENCIES

If I become injured or require emergency medical treatment, I authorise the Provider to obtain such assistance as reasonably necessary.

I accept responsibility for all associated medical and transport costs.

11. PERSONAL PROPERTY

Personal belongings remain entirely at my own risk.

The Provider accepts no responsibility for loss, theft or damage to personal property.

12. CLOTHING & FOOTWEAR

I understand this is a working farm.

Clothing and footwear may become muddy, wet or damaged during the experience.

Closed footwear is strongly recommended.

Participants choosing unsuitable footwear do so entirely at their own risk.

13. BIOSECURITY

Participants agree to comply with all reasonable biosecurity and hygiene directions, including hand sanitising, footwear cleaning and any restrictions relating to contact with animals.

The Provider may refuse participation where biosecurity requirements are not followed.

14. PHOTOGRAPHY & MEDIA CONSENT

I consent to photographs, videos and audio recordings being taken during the experience.

I grant the Provider a perpetual, worldwide, royalty-free licence to use my image, voice and likeness for promotional, advertising and marketing purposes across all media, without further notice or compensation.

15. GOVERNING LAW

This Agreement is governed by the laws of New South Wales.

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

16. ACKNOWLEDGEMENT

By purchasing a ticket, signing this Agreement or participating in the Activities, I acknowledge that:

• I have carefully read and understood this Agreement.

• I understand the nature of the Activities and the risks involved.

• I voluntarily assume those risks.

• I understand that I am giving up certain legal rights to the fullest extent permitted by law.

• I have had sufficient opportunity to ask questions and obtain independent legal advice before agreeing to these Terms.

• I agree to be legally bound by this Agreement.