Conditions of Entry
The agreement of Tropical Fruit World Pty Ltd (“TFW”) to allow access to Tropical Fruit World (“Premises”) by patrons (“Patron”) is on the following terms and conditions:
1. Entry to and the use of any facilities in the Premises are at the entire risk of the Patron. To the extent permitted by law the Patron releases and indemnifies TFW 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 TFW.
2. If a patron has pre-purchased a ticket elsewhere allowing access to the Premises without becoming aware of the Conditions of Entry and does not wish to comply with these Conditions of Entry, the Patron will be refunded the price of entry to the Premises.
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 comply with and will ensure that all accompanying persons and/or minors comply with instructions issued by TFW staff and/or contained in all permanent and temporary signs which appear on the Premises and, without limiting this obligation, will not:
(a) enter fenced off areas;
(b) pick fruit from trees or otherwise damage any plant or vegetation;
(c) conduct himself or herself in a manner which might cause nuisance or annoyance to others; or
(d) litter or dispose of rubbish other than in receptacles provided by TFW.
5. The Patron acknowledges that:
(a) he or she is entering into a recreational park, part of which comprises an operating farm with animals and on which agricultural motorised and non-motorised equipment is used;
(b) for reasons including periodic or emergency maintenance and safety concerns, parts or all of the Premises may be temporarily unavailable and advertised features or rides may not operate on the day of visit. The Patron agrees to make no claim as a consequence of any such non-availability provided that in the case of Premises closure during advertised opening hours and at a time when the Patron sought entry, the Patron will be refunded any admission fee;
(c) 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, TFW recommends that such food or fruit should not be consumed;
(d) the Premises are private property and TFW reserves the right to refuse or cancel admission to any party.
6. In these conditions:
(a) A reference to TFW includes its successors and assigns and, where applicable, its directors, employees agents and contractors;
(b) Each exclusion of TFW’s 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:
a) These conditions will be read down to the extent of that inconsistency, or served from these conditions; and
b) Where an implied warranty or condition cannot be excluded under the legislation, but limitation is permitted, TFW’s 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.