Biosecurity Farm Waiver
*This form must be signed PRIOR to visiting The Creek Whitsundays Farm*
Welcome to The Creek Whitsundays
We are very excited about your visit to The Creek Whitsundays farm! We know that you will have a wonderful day. However, please be aware:
This is a working farm with machinery, live animals, and trip hazards, especially our wildlife
who we can’t control and like to dig holes in our lawns. Please WATCH YOUR STEP!
ATTENDANCE LIABILITY RELEASE
I, or the person/s on whose behalf I am signing, acknowledge and agree:
- I am visiting The Creek Whitsundays at Valmadre Road, Kelsey Creek, QLD, 4800 (Property).
- I understand entering The Creek Whitsundays can be inherently dangerous activity and that any risk associated with entering the Property and participating in any event is at my sole risk and responsibility. To the full extent allowed by law, The Creek Whitsunday’s liability for breach of any term implied this waiver by any law is excluded.
- I will not enter the cattle yards or any fenced paddocks where livestock are held, grazing or enclosed at the Property.
- I will take care of my own safety and the safety of others when I enter the Property, and at all times will follow all directions in relation to emergency, training, exercise instructions and health and safety procedures by The Creek Whitsundays, its employees, consultants, trainers and agents in relation to the Property and any events, facilities or activities in relation to The Creek Whitsundays.
- I am over the age of 18 years with full capacity to understand the warning, to sign this waiver on my own behalf and provide my consent or I am the parent/guardian of a minor and have full capacity and authority to sign and provide consent on their behalf;
- I hereby release and waive all claims against The Creek Whitsundays farm and any entities affiliated with the foregoing from Liability for any and all loss, damage, injuries, claims, demands, lawsuit, expenses and any other liability of any kind, of or to me or any other person, directly arising out of, or in connection with my visit to the Whitsundays Creek Farm or participation in any event/activity held at the Whitsundays Creek Farm or:
- Any personal, emotional, or mental injury I suffer in the course of attending The Creek Whitsundays and, or death;
- Any loss I suffer because any of the events, live animals or equipment are temporarily unavailable or cancelled;
- Any loss of my personal property which is stored or left at the Property;
- Any loss or damage I suffer as a result of the actions or omissions of others who attend the Property in common with me;
- Any loss or damage I suffer as a result of any variation to the events held or, live animals, and equipment present at the Property;
- Any loss, damage, injury, cost, charge, or expense, sustained by any other visitor at the Property; and
- On-site Parking is at your own risk. The Creek Whitsundays takes no responsibility for any damages, injuries, fees, fines or costs or charges incurred or in connection with the use of the on-site parking at the Property.
6. I further agree to hold harmless, indemnify and reimburse The Creek Whitsundays from and for any sums, costs or expenses incurred by The Creek Whitsundays or paid by them to any person (including me or my insurers) in connection with any accident, loss, damage or injury sustained by me or others in connection with my attendance at or participating in, the above described activity. This means that I will reimburse the Creek Whitsunday’s if anyone makes a claim against it, it’s employees, contractors, agents and third parties based on damages or injuries I may suffer.
7. The Creek Whitsundays gives no warranty in relation to the events, live animals, equipment or facilities provided at the Property. Under no circumstances is The Creek Whitsundays liable to you or any other person for any loss, as a result, direct or indirect of any defect, deficiency or discrepancy in the facilities, equipment, events, or live stock and animals.
8. Any advice, recommendation, information, direction, assistance, or service given by The Creek Whitsundays , is given in good faith and is believed to be accurate, appropriate, and reliable at the time it is given. It is provided without any warranty or accuracy, appropriateness, or reliability. The Creek Whitsundays does not accept any liability or responsibility for any loss suffered as a result of your reliance on such advice, recommendation, information, assistance or service.
“You can solve all the world’s problems in a garden.”
Geoff Lawton