MPWP T & C
Terms and Conditions
ALL PERSONS VISITING MORNINGTON PENINSULA WILDLIFE PROJECT(MPWP)/THE FUNKY FARM DO SO SUBJECT TO THE
FOLLOWING TERMS AND CONDITIONS:
1. General Conditions: by entering any part of the MORNINGTON PENINSULA WILDLIFE PROJECT/THE FUNKY FARM Premises, You are deemed to have accepted these Terms and Conditions and have understood them to be binding. It is your responsibility to read and inform yourself as to these Terms and Conditions.
1.2 Management reserve the right to refuse entry or remove any person from the
Premises or any part of the Premises for failure to comply with any of these Terms and Conditions.
2 CODE OF BEHAVOUR
2.1 You must comply with these Terms and Conditions, all rules, directions and
safety requirements. Failure to do so may lead to you being removed from the
Premises without compensation.
2.2 You must obey all reasonable written and verbal instructions and warnings
given by the Operator and/or Management and/or Staff without objection.
2.3 You must not behave in a way that disrupts the safety or enjoyment of other
persons on any part of the Premises. Offensive, irresponsible or unsafe behaviour,
theft or vandalism, will not be tolerated.
2.4 Smoking or vaping is strictly prohibited on the Premises.
2.5 No person affected by, or who appears to Management to be affected by,
alcohol or drugs will be permitted entry or be permitted to remain on the Premises.
2.6 No alcoholic beverage of any nature may be taken onto or consumed on the Premises.
2.7 Pets are prohibited on the Premises. Assistance animals that are
certified by a registered authority are welcome but cannot access all areas for their
safety and that of our animals.
2.8 Appropriate clothing must be worn at all times on the Premises. Persons without
shirts or wearing offensive clothing will not be permitted entry
2.9 Appropriate footwear must be worn at all times on the Premises.
2.10 It is prohibited to bring on to the Premises and/ or take onto the Premises any
weapons or any other articles which may cause injury or cause distress or
discomfort to other persons.
2.11 You are admitted to the Premises subject to a condition that, if requested to do
so, You will allow your belongings and your person to be searched. The Operator
reserves the right to inspect, scan or search You and your bags at any time. Failure
to submit to a security check may cause the Operator to cancel your ticket or refuse You entry without compensation.
2.12 Motor vehicles, motorbikes, skateboards, scooters, bicycles, rollerblades and
other equipment that may interfere with pedestrian traffic are not permitted within
3. CONDITIONS FOR FEEDING ANIMALS:
3.1 The feed we provide to feed our birds or animals may contain traces of milk and nuts and other potential allergens, all animal feeding is carried out at the own risk of the individual.
• All birds and animals can carry diseases which may be transmitted to people,
please ensure you wash your hands with soap and water or use sanitiser
after handling animals and before eating or drinking
• Some people are more at risk such as the young and elderly or people who
are or have recently been sick
• Pregnant woman should not feed birds
• Adults must supervise children
4.1 Payment: All payments will be invoiced either weekly, fortnightly or in full for the 12 week program. The Participant or parent,guardian or plan management compay must pay to the MPWP/The Funky Farm the amount on the invoice issued by the MPWP/The Funky Farm in the manner and time period specified on the invoice.
4.2 If the participant does not attend the program on their specified days because of illness, holidays or change of mind. The participant or parent,guardian or plan management compay will still be liable to pay for the 12 week program. The sum of $1800 pls GST in the manner and time period specified on the invoice.
4.3 If the participant chooses not to finish the 12 week program at anytime the participant or parent,guardian or plan management compay will still be liable to pay the full amount of $1800 pls gst in the manner and time period specified on the invoice.
4.4 Invoices will be issued by The Funky Farm ABN 29750847934 and must be paid by bank transfer only in the manner and time period specified on the invoice.
4.5 If the participant or parent,guardian or plan management compay fail to pay invoices after 30 days we will issue a formal demand for outstanding moneis. If 60 days passes we will employ the services of a debt collector.
4.6 No refund will be given for periods where the place is unfulfilled due to illness or holidays on the part of either party.
RELEASE FROM LIABILITY: MPWP/The Funky Farm, its shareholders, directors, officers, employees and affiliates, (collectively "MPWP/The Funky Farm") does not own or operate any entity which is to or does provide goods or services for your visit including, for example, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors. As a result, MPWP/The Funky Farm is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. Without limitation, MPWP/The Funky Farm is not responsible for any injury, loss, or damage to person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely, dangers associated with or bites from animals, pests or insects, vegetation of any sort, sanitation problems, food poisoning, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, illness, epidemics or the threat thereof or for any other cause beyond the direct control of MPWP/The Funky Farm. In addition, I release MPWP/The Funky Farm from its own negligence and assume all risk thereof.
ASSUMPTION OF RISK: I am aware that program such as that I am undertaking involves hazardous activities, with a risk of illness, injury or death which may be caused by forces of nature, animals, insects or flora, the negligence of MPWP/The Funky Farm, or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that weather conditions may be severe, adverse and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating in this program. In order to partake of the enjoyment and excitement of this program, I am willing to accept the risks and uncertainty involved as being an integral part of my adventure. I hereby accept and assume full responsibility for any and all risks of illness, injury or death and of the negligence of MPWP/The Funky Farm and agree to hold harmless and release MPWP/The Funky Farm from claims of third-party negligence.
I, for myself and on behalf of my heirs, assigns, personal representatives and/or next of kin, forever WAIVE, RELEASE, DISCHARGE and COVENANT not to sue The Funky Farm/ MPWP and their representatives, officials, agents and/or employees, subsidiaries, and/or assigns, as well as their independent contractors, volunteers, and, owners and lessors of the premises used to conduct training and participation at The Funky Farm/ MPWP (collectively, the "Releasees"), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and/or loss or damage to person or property, incurred by me in connection with participation or training at The Funky Farm/ MPWP.
I further agree to indemnify, defend and hold harmless Releasees from any loss, liability, cost, claim or damages arising from my participation in or association with activities and training organized or connected with The Funky Farm/ MPWP.
I attest and verify that, unless otherwise indicated on my/ participant application form, I am over 18 years of age, am free from all illnesses, injuries and defects that could interfere with my safe participation or training at The Funky Farm/ MPWP and that I am physically fit and sufficiently trained to participate in all activities associated with The Funky Farm/ MPWP. My participation in activities and training organised or at The Funky Farm/ MPWP is entirely voluntary. I further certify and represent that on the date I attend I will possess and be covered by medical/health insurance, individually or as part of an organisation.
KNOWING AND VOLUNTARY EXECUTION: I have carefully read these Terms and Conditions and fully understand its contents. I am aware that this is a release of liability and a contract between myself and the Funky Farm/ MPWP and agree of my own free will. By signing, I agree to these program Terms & Conditions and the Funky Farm/ MPWP’ Release from Liability, Assumption of Risk and for myself, each member of my party and any minor children accompanying me.
PHOTOGRAPHIC RELEASE:The Funky Farm/ MPWP may take photographs or video participants grant The Funky Farm/ MPWP permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant.