Liability waiver, release and indemnity

Version 2026-09-v1. Supplier: Abundant Acres Farm Pty Ltd (ABN 39 668 821 850) ("we", "us"). You accept this by ticking the box at checkout. Ticking the box has the same effect as signing this form.

WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012

If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.

Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier named on this form is required to ensure that the recreational services it supplies to you—

are rendered with due care and skill; and
are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
might reasonably be expected to achieve any result you have made known to the supplier.

In accordance with section 22 of the Australian Consumer Law and Fair Trading Act 2012, the exclusion of these statutory guarantees is brought to your attention by this form.

NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier's part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2022 and section 22(3)(b) of the Australian Consumer Law and Fair Trading Act 2012.

1. What the day involves

The day is held on a working rural property in the Dandenong Ranges, Victoria. It involves walking more than 70 acres over 7 hours, much of it steep, uneven, wet, muddy or slippery ground. It is not a tour and the property is not set up for visitors. Risks include, without limitation:

slips, trips and falls on steep, uneven, wet or loose ground, gravel, grass, mud and rocks;
livestock, which can kick, knock over, crush or bite, and which may carry disease;
machinery, vehicles, trailers, tools, chainsaws and equipment, whether operating or parked;
fences, wire (including barbed and electric wire), gates, posts and building materials;
dams, creeks, drains and water, including the risk of drowning;
trees and falling limbs, bushland, snakes, spiders, ticks, leeches, insects and other wildlife;
weather, including rain, cold, heat, wind, storms and lightning, and bushfire;
food, including produce grown or raised on the property, and allergens;
physical exertion and existing medical conditions;
distance from emergency services, and limited mobile phone reception.

These are obvious risks of a day on a working farm. You accept that they cannot be removed and that some may not be known to us.

2. Your fitness and conduct

You confirm you are fit and well enough to walk steep ground for most of a day, and you will tell us before the day about any medical condition, allergy or disability that may affect you.
You will wear suitable boots and clothing, follow every safety instruction we give, stay with the group, and not touch, operate, climb on or enter any machinery, building, animal enclosure or water unless we invite you to.
You will not attend affected by alcohol or drugs. We may ask anyone to leave at any time for safety reasons, without refund.

3. Assumption of risk

You attend voluntarily. To the maximum extent permitted by law, you accept all risks of attending, including the risks listed in clause 1, whether or not they are obvious and whether or not they arise from our negligence.

4. Exclusion of liability and release

To the maximum extent permitted by law, and subject to the statutory warning above, we exclude all liability, and you release us, our owners, family members, co-owners, employees, contractors, volunteers and agents, from all claims, liabilities, losses, costs and expenses (including legal costs) for death, personal injury, illness, property damage or loss, and any consequential or indirect loss, arising in any way out of the day or your presence on the property, including where caused by our negligence.
This includes excluding, restricting and modifying the statutory guarantees in sections 60, 61(1) and 61(2) of the Australian Consumer Law (Victoria) for recreational services, as permitted by section 22 of the Australian Consumer Law and Fair Trading Act 2012. This exclusion does not apply to death or injury caused by our gross negligence.
Where our liability cannot be excluded but can be limited, it is limited to supplying the services again or paying the cost of having them supplied again.
We are not responsible for your vehicle or belongings.

5. People you bring

One ticket covers one household making one decision. The person who buys the ticket accepts this waiver for themselves and on behalf of every person who attends with them, including children.
You confirm you have authority to do so. Each adult in your group must also accept this waiver before entering the property, and we may ask them to sign a copy on arrival.
You are solely responsible for supervising any child you bring at all times. The property has no facilities, activities or supervision for children.
You indemnify us against any claim brought by or on behalf of any person you bring, including any child, arising out of the day, except to the extent caused by our gross negligence.

6. Medical treatment

If you or anyone you bring is injured or unwell, you authorise us to arrange first aid and emergency medical treatment and transport, at your cost.

7. General

If any part of this waiver is unenforceable, it is read down or severed and the rest continues to apply.
This waiver is governed by the law of Victoria.
Nothing in this waiver excludes any right you have that cannot lawfully be excluded.