Terms and Conditions of Ticket Purchase and Attendance of CherryHill Orchards Events

Cherryhill Orchards Pty Ltd (A.C.N 005 246 640) (CherryHill Orchards)

All Tickets to all CherryHill Orchards Events are issued subject to these Terms and Conditions. By purchasing Tickets and/or attending any Event you and any Other Event Attendees agree to be bound by and comply with these Terms and Conditions.

Definitions

In these Terms and Conditions, the following terms have the following meaning:

1. “Australian Consumer Law” means Div I of Part 3-2 of Schedule 2 of the Competition and Consumer Act 2010 (Cth).

• “Claims” means any and all legal proceedings, actions, suits, causes of action, proceedings, claims, accounts, demands, debts due, costs payable and expenses whether or not currently known or made and whether or not presently in existence.

• “Event” means the CherryHill Orchards event(s) to which these Terms and Conditions relate.

• “Event Fee” means the applicable price of the Ticket, and any other fee or fees that you are required to pay to us in order to be able to attend an Event.

• “Event of Force Majeure” means any act, event or cause not reasonably within the control of the Parties and which, by the exercise of reasonable diligence, the Parties are unable to prevent or overcome including, but not limited to, acts of God, strikes, lockouts and other industrial disturbances,  acts of the public enemy, acts of terror, sabotage, wars, blockades, military action, insurrections or riots, public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), lockdowns ordered by the government or any governmental authority as a result of any public health pandemics and/or epidemics (including, but not limited to, due to coronavirus), landslides, subsidence, lightning, earthquakes, fires, storms or storm warning, crevasses, floods or washouts, civil disturbances, explosions, inability of any party to obtain necessary materials, supplies, rights of way or permits after the exercise of reasonable diligence or any action or restraint by any government authority (so long as the party claiming relief has not applied for or assisted in the application for, and has opposed where and to the extent reasonable, such action or restraint, and as long as such action or restraint is not the result of a failure by the claiming party to comply with the applicable law).

• “Other Event Attendees” means any and all group members, guests, invitees and/or any other persons who also attend the Event with you.

• “Property” means the property on which the Event is held.

• “Terms and Conditions” means these terms and conditions of sale and entry.
• “Ticket” means your ticket for the Event.

• “You” and “Your” are a reference to you, the customer.

TICKETS

Payment of the applicable Event Fee must be made prior to the Event to secure your registration, unless you are an ITO with a registered account. The applicable Event Fee for all Events is priced in Australian dollars and includes GST.

EVENT Cancellations due to COVID-19

If an on-site event is cancelled due to coronavirus (COVID-19) restrictions, you will be entitled to a refund for any services not yet provided. We will get in touch with you directly with more information.

For future events that are still scheduled, then you are all set and your entry tickets remain valid.

CANCELLATION BY CHERRYHILL ORCHARDS

CherryHill Orchards reserves the right to:

• Cancel/alter scheduled dates for any events where minimum attendance numbers are not reached.
• Cancel/alter scheduled dates for any events likely to be affected by adverse weather conditions.

If circumstances dictate an event requires cancelling, we will notify registered attendees via email, prior to the event date to offer either an alternative event (at an alternative date) or to refund, in full, the event fee. If your payment is received after maximum numbers are reached, CherryHill Orchards will contact you and a full refund will be made.

CherryHill is not liable for any additional costs incurred from cancellations outside of the ticket price.

CANCELLATION of booked event BY ATTENDEES

If you are unable to attend a booked Event, a substitute attendee may be sent as a replacement (subject to approval being granted by CherryHill Orchards, such approval which Cherryhill Orchards may give or withhold in its absolute discretion).

If you wish to cancel your booking for an Event more than three (3) days before the date of the Event that is stated on your Ticket, we will refund the full Event Fee paid. Refunds for any Event Fees paid can be processed through your CherryHill Orchards member login. If you are not a member, please email your request to info@cherryhill.com.au

If you wish to cancel your booking for an Event less than three (3) days before the date of the Event that is stated on your Ticket, no Event Fees which you have paid will be refunded.

If you wish to cancel your booking for an Event after the Event has started (as per the time and date stated on your Ticket), no Event Fees will be refunded. No partial refunds will be offered for any reason

CHANGES to date or time of booked event BY ATTENDEES

If you wish to change your entry time for an Event, such changes can be made up until the date and time that is stated on your Ticket. Entry time changes are subject to availability, so it is not advised to make last minute changes. CherryHill Orchards make no promise, representation or warranty that it will be able to accommodate any time change that is requested by you.

If you wish to change your entry day for an Event, changes can only be made up to three (3) days prior to the time and date that is stated on your Ticket. Date changes are subject to availability, so it is not advised to make last minute changes. CherryHill Orchards make no promise, representation or warranty that it will be able to accommodate any date change that is requested by you.

Date and time changes can be processed via your CherryHill Orchards member login. If you are not a member, please email your request to info@cherryhill.com.au

GROUP BOOKINGS

Group bookings require attendance of twenty (20) + adults to qualify for the applicable discounted group rate. Should your group booking fall below the required number of attendees, a refund of any Event Fee paid can be requested for the total value of the group booking up to three (3) days prior to the date and time that is stated on your Ticket. You will then be able to re-book for the correct number of attendees, and if you have less than twenty (20) adults you will not qualify for group booking rates.

GROUP BOOKING CHANGES

You may not reduce the number of Other Event Attendees on a group booking.

You may send substitute Other Event Attendees as a replacement for those Other Event Attendees that will not be attending the Event, for the purpose of meeting the applicable numbers. Proposed substitute Other Event Attendees must be approved by CherryHill Orchards prior to the Event. CherryHill Orchards may give or withhold such approval in its absolute discretion.

If you wish to change your group booking entry time, changes can only be made up to three (3) days prior to the entry date and time that is stated on your Ticket.  Date changes are subject to availability, so it is not advised to make last minute changes. CherryHill Orchards make no promise, representation or warranty that it will be able to accommodate any time change that is requested by you.

If you wish to change your entry day, changes can only be made up to three (3) days prior to the entry date and time that is stated on your Ticket. Date changes are subject to availability, so it is not advised to make last minute changes. CherryHill Orchards make no promise, representation or warranty that it will be able to accommodate any date change that is requested by you.

Date and time changes can be processed via your CherryHill Orchards member login. If you are not a member, please email your request to info@cherryhill.com.au

If you wish to add additional Other Event Attendees to your group booking, changes can be made up to the entry date and time reflected on your Ticket. Changes are subject to availability, and Cherry Hill Orchards makes no promise, representation or warranty that it will be able to accommodate any changes that are requested by you.

CONDITIONS OF ENTRY

Safety Guidelines

As we are a working farm, we have some guidelines that we require all visitors to adhere to in the interest of safety:

• Children must be supervised by a responsible adult at all times;

• Please wear appropriate footwear, we recommend comfortable closed shoes;

• No climbing;

• No fires or BBQ’s;

• No smoking or vaping in the orchard or picnic areas;

• Beware of water hazards on site;

• Beware of moving vehicles;

• Only alcohol purchased on the premises may be consumed;

• Alcohol may only to be consumed within designated areas;

• Drones are not permitted;

• Only registered assistance animals are permitted;

• Please help us keep our orchard beautiful and use the bins provided;

• Please remain in designated picking lanes and do not enter restricted areas such as workshops and orchard sheds.
  

Limitation of liability

(1) To the fullest extent permitted by law, CherryHill Orchards  and its employees, agents or contractors, will not be liable to you or any Other Event Attendees for any loss and/or damage of any nature (howsoever caused) or any damages (including, but not limited to, any special, consequential, incidental, exemplary, punitive and/or indirect damages) arising from, in respect of or in any way related to the Event and/or the use of the Property and any items or facilities on the Property however caused, however liability is asserted (including, but not limited to, in tort (including in negligence), in contract and/or under statute and/or general law) and irrespective of whether you have been advised of, or otherwise might have anticipated the possibility of, any loss or damage.

(2a) Except as provided in this contract, all express and implied warranties under statute or general law as to merchantability, description, quality, suitability or fitness of the services rendered by CherryHill Orchards for any purpose or otherwise are expressly excluded to the fullest extent permitted by the applicable law.

(2b) All other conditions and warranties, statutory or otherwise and whether express or implied,are hereby excluded to the fullest extent permitted by the applicable law, and no guarantee, other than that expressly herein contained and the statutory guarantees that cannot be excluded or limited under the applicable law, apply to the services rendered by CherryHill Orchards to which the applicable guarantee relates, or any accessory or part thereof.

(3) To the fullest extent permitted by law, any liability of CherryHill Orchards for any Claims under these Terms and Conditions and/or for a breach of or failure to comply with a guarantee under the Australian Consumer Law (other than section 51, 52 or 53) is expressly limited to the a refund of all monies paid in relation to the Event.

(4) To the fullest extent permitted by law, CherryHill Orchards is not responsible for the consumption of alcohol at the Event by to you or any Other Event Attendees. The relevant person is at all times solely responsible for their own personal consumption of alcohol at the Event.

Without limiting the generality of this clause, to the fullest extent permitted by law CherryHill Orchards is not responsible for ensuring that you or any Other Event Attendees who attend the Event comply with the applicable drink driving laws. This is at all times solely the responsibility of the relevant person.

(5) Other than any rights which you and the Other Event Attendees have under these Terms and Conditions, to the fullest extent permitted by the applicable law you and all Other Event Attendees hereby release and discharge CherryHill Orchards from all present, past and future Claims which the you and all Other Event Attendees may have or may have had but for these Terms and Conditions against CherryHill Orchards arising out of or in connection with the Event, the use of the Property and/or any items or facilities on the Property and all matters that directly and/or indirectly touch and concern these matters.

(6) Other than in respect of any rights which you and the Other Event Attendees have under these Terms and Conditions, to the fullest extent permitted by the applicable law you and the Other Event Attendees undertake to and do hereby indemnify and forever hold harmless the CherryHill and all Directors, other Company Officers and/or employees of the Cherryhill against any Claims initiated by you and/or any Other Event Attendees any future proceedings brought by you and/or any Other Event Attendees arising out of or in connection with the Event, the use of the Property and/or any items or facilities on the Property and all matters that directly and/or indirectly touch and concern these matters.

Entire Agreement

These Terms and Conditions supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitutes the entire agreement between you and us relating to the Event, any other matter dealt with in these Terms and Conditions and all matters that directly and/or indirectly touch and concern these matters.