Pick Your Own - Terms & Conditions

1. In consideration for being allowed to enter onto the property of Aviani Persimmon Farm (the "Farm") to pick, harvest or retrieve fruit, participants agree to:

(i) Obey all rules, regulations and guidelines developed by the Farm, and communicated by the Farm’s representative;

(ii) Use all due care and attention to avoid injury to themselves or others and to avoid damage to the Farm's trees, vegetation and property;

(iii) Use all equipment safely and properly; and

(iv) Release the Farm from any liability of loss or injury that they may experience in connection with harvesting or eating the Farm's fruit.

 2. In booking a Pick Your Own session with The Farm, participants:

(i) Acknowledge there are inherent risks involved in entering the property to pick and harvest fruit. These risks include, but are not limited to: injury from broken or falling branches or falling fruit; attacks by dogs or livestock; insect bites and stings; injury from falling, slipping over or tripping on uneven ground, tree roots, support structures or debris; infection from food-borne illness; scratches and abrasions from thorns, brambles, burs, barbed wire, fencing, netting and picking equipment; severe sunburn; heat exhaustion; drowning in waterways or dams. Participants understand that the Farm makes no warranty or representation with regard to their safety while on the property, and they assume all risk of loss, injury, and illness, however caused, arising in connection with the picking, harvesting, retrieval and consumption of fruit on Farm property.

(ii) Agree to be diligent and use care and caution both to protect themselves and to protect the Farm's property. Participants agree not to enter any of the Farm buildings or any area other than the area instructed during the induction unless and until they have authorisation from the Farm to do so. Participants will not climb trees or fences in order to retrieve fruit. They will only pick fruit within the designated picking area that appears ripe enough to be picked and will pay for that fruit at the conclusion of the fruit-picking session. Participants will leave unripe fruit on the tree.

(iii) Agree not to share any personal, private or confidential information regarding the Farm's owners or operations with third parties without the owners' express permission.

(iv) Agree not to use a ladder to pick fruit or pull branches down to pick fruit that is beyond their reach.

(v) Agree they will be responsible for the safety and behaviour of their children entering the Farm to accompany or participate in fruit picking. Participants will ensure their children will remain within the designated fruit-picking area as outlined during the induction. They will ensure their children do not disrupt the enjoyment of the activity for others.

3. In exchange for receiving permission to enter onto the Farm and harvest fruit, PARTICIPANTS AGREE NOT TO MAKE A CLAIM AGAINST OR SUE THE FARM FOR INJURY, LOSS, OR ILLNESS THAT I MAY EXPERIENCE DURING THE FRUIT HARVEST AND/OR CONSUMPTION OF FRUIT FROM THE FARM, INCLUDING INJURY, LOSS, OR ILLNESS ARISING FROM THE ACTIVE OR PASSIVE NEGLIGENCE OF THE FARM. Participants agree to indemnify, hold harmless, and defend the Farm from all claims, liability, or demands that they or any third party may have or in the future make against the Farm for injury, loss, or illness arising from harvesting and/or consuming fruit from the Farm. This is intended to be a complete release, discharge, and waiver of any and all actions, causes of action, or lawsuits against the Farm arising in connection with my presence on the Farm property now and in the future.

4. The Farm may, for any reason and at any time before or after the signing of this Agreement, revoke permission for participants to enter onto the property and/or harvest fruit.

5. If a dispute arises between the Farm and a participants, participants agree to attempt to resolve it through verbal or written discussion, or through confidential mediation.

6. If any portion of this Agreement is held by a court to be invalid, it shall be severed and the remaining provisions of this Agreement shall remain in full force and effect.