THE AGREEMENT OF MARTELLI ORCHARDS PTY LTD TO ALLOW ACCESS TO THE FAR END (“PREMISES”) BY PATRONS (“PATRON”) IS ON THE FOLLOWING TERMS AND CONDITIONS:

1. Entry to and the use of any facilities on the Premises are at the entire risk of the Patron.  To the extent permitted by law the Patron releases and indemnifies Martelli Orchards from and against any claim or liability for damage, injury or death of any nature which might arise from entry to or the use of the Premises by the Patron and any accompanying persons and/or minors regardless of how the damage, injury or death is sustained or caused and even if the damage, injury or death is caused by the negligence, default or breach of contract of Martelli Orchards.

2. The Patron must comply with most recent Government Orders and check in requirements

3. The Patron represents that he or she is the parent or authorised guardian of any accompanying minors and provides these acknowledgments and disclaimers on behalf of the Patron and all such accompanying minors.
4. The Patron will acknowledge and ensure that all accompanying persons and/or minors acknowledge the      following rules: 

• Wear enclosed walking shoes
• Maintain own sun protection such as sunscreen, hats, 
• Long sleeves whilst picking (sap and leaves may irritate sensitive skin)
• Supply own water and remain hydrated
• NO SMOKING on premises
• No pets on premises
•  

         5. Martelli Orchards reserves the right to photograph guests at any time for security purposes or for use in connection with the promotional activities and general            commercial operations of the Company. You expressly agree to the use of your image and likeness for these purposes without compensation.

 The Patron acknowledges that:

• he or she is entering on farming land, part of which comprises an operating farm with animals and on which agricultural motorised and non-motorised equipment is used.
• the consumption of any food or fruit on the Premises is at the Patron’s risk.  If the Patron is unsure as to any reaction or allergy, they or any accompanying persons and/or minor to any particular food or fruit, Martelli Orchards recommends that such food or fruit should not be consumed. 
• the Premises are private property and Martelli Orchard reserves the right to refuse or cancel admission to any party.

    6. The Patron will comply with and will ensure that all accompanying persons and/or minors comply with instructions issued by Martelli Orchards staff and/or contained in all permanent and temporary signs which appear on the Premises and, without limiting this obligation, will not:

• enter fenced off areas.
• pick fruit from trees or otherwise damage any plant or vegetation.
• conduct himself or herself in a manner which might cause nuisance or annoyance to others; or
• litter or dispose of rubbish other than in receptacles provided by Martelli Orchards

     7. In these conditions:

• A reference to Martelli Orchards includes its successors and assigns and, where applicable, its directors, employees, agents and contractors;
• Each exclusion of Martelli Orchards liability in these conditions is subject to any law which restricts or forbids that exclusion of liability, including the Competition & Consumer Act 2010 and similar State legislation. To the extent that a provision of these conditions is inconsistent with such legislation:
• these conditions will be read down to the extent of that inconsistency, or served from these conditions; and
• Where an implied warranty or condition cannot be excluded under the legislation, but limitation is permitted, Martelli Orchards liability is limited to:

 i.    In relation to goods – a refund of the purchase price actually paid, the replacement of the damaged product,
or the supply of equivalent product, at our absolute discretion; or

ii.     In the case of services – the supply of the services again, or the payment of the cost of having the service supplied again.