Terms & Conditions — This Farm Needs a Farmer

Participant Terms and Conditions

Introduction

1. This Farm Needs A Farmer 26 139 839 562 (TFNAF) operates the Shadow Farming Program (Program), which provides Participants with an opportunity to undertake a Placement with an experienced farmer. The Placement is comprised of one or more Sessions, as selected by the Participant at the time of registration. The Sessions take place at either the Participant’s Farm or the Mentor’s Farm.

2. The Shadow Farming Program(Program)is governed by these Participant Terms and Conditions (Terms) along with the Shadow Farming Program Agreements signed by all participating mentors.

3. You (YouorYour) acknowledge and agree that, by registering as a Participant in the Program, You are indicating that you have read and that you understand and agree to be bound by these Terms.

4. These Terms constitute a legally binding agreement between You, TFNAF and the participating mentor allocated to your Placement (Mentor).

5. You acknowledge that you will be provided with the details of the Mentor in accordance with the process set out in clause 7 below.

Shadow Farming Program

6. TFNAF provides services to connect Participants to Mentors, for the purpose of undertaking a Placement as part of the Program.

7. The general process of the Program is as follows:

(a) individuals who own and operate a farm register with TFNAF to be mentors and agree to the Shadow Farming Program Agreement;

(b) individuals register as Participants with TFNAF via the online portal, pay the Placement Fees and agree to these Terms;

(c) during the registration process, Participants nominate their preferred farming experience (for example, attending a particular farm or type of farm) and select the type of Session;

(d) TFNAF matches a Participant with a Mentor, based on disclosed preferences and availability, and secures dates for the Placement to take place;

(e) TFNAF confirms the Placement details with the Participant;

(f) the Participant personally attends the Sessions;

(g) upon conclusion of the Placement, TFNAF pays the Mentor the Mentor Fee; and

(h) TFNAF may request that the Mentor and the Participant provide feedback on the Program.

Participant Obligations

8. You agree to comply with these Terms and all applicable laws and regulations.

9. You confirm that:

(a) You are over 18 years of age and agree to provide proof of age, upon request; and

(b) all information provided by You to TFNAF and the Mentor is, and will be, true and complete.

10. You acknowledge that the Placement is a personal one for You and is not transferable to another person. You agree that You will:

(a) personally attend the Sessions; and

(b) not send or allow another person to attend one or more session in Your place.

11. TFNAF will communicate with You using the details provided at the time of booking. It is Your responsibility to ensure these details remain current.

Participant Acknowledgments

12. You acknowledge thatTFNAFdoes not undertake any type of investigation, vetting process or due diligence about any Mentoror Participant. Should You wish to conduct a vetting process with regard to the Mentor, You are solely responsible for such a process, including all costs.

13. You acknowledge that:

(a) TFNAF is not a representative or agent of the Mentor and TFNAF takes no responsibility for the acts or omissions of the Mentor;

(b) The Mentor is not a representative or agent of TFNAF and has no right to make promises on behalf of TFNAF;

(d) TFNAF does not warrant or guarantee that the Placementwill meet Your requirementsor expectations; and

(e) TFNAFmakes no warranty as to the truth or accuracy of any information provided by the Mentor.

14. You acknowledge that the purpose of the Program is to expose Participants to farming practices. The Placement is not intended as an opportunity to gain employment. You have no right or entitlement to employment with the Mentor following the conclusion of the Placement.

15. You agree to maintain the confidentiality of all matters discussed during the Placement.

16. You acknowledge that the Sessions may occur on the Mentor’s Property or Your Property as agreed between the Parties.

Participant’s Obligations during the Placement

Sessions taking place on the Mentor’s Property

17. Prior to the commencement of the Placement, You may seek the Mentor’s consent to Your bringing Your child to a Session. The Mentor may grant or withhold consent at his or her sole discretion.

18. You acknowledge that the Mentor has the right to demand that You leavethe Mentor’s property at any time and for any reason. If the Mentor requires that You leave the property, You agree to do so immediately.

19. Clauses 20 and 23 below, apply only to Sessions where You attend the Mentor’s farm for the purpose of gaining experience by working alongside a farmer.

20. Whilst all efforts will be made by the Mentor to ensure You are exposed to the kind of activities set out in the farm description, this is not guaranteed. You will be exposed to the daily activities the Mentor’s need to undertake on the Session days.

21. You understand that the farm You will be attending is a working farm and acknowledge that the tasks and activities You will be exposed to during the Placement may vary and cannot be guaranteed.

22. Whilst the Mentor will take all reasonable steps to provide a safe working environment, You acknowledge that You will be attending a working farm and that accidents and injuries do occur, from time to time. You agree that you are responsible for your own personal safety.

23. During the Placement, You agree to:

(a) participate in a safety briefing;

(b) follow all reasonable directions, including safety instructions, given by the Mentor;

(d) attend the farm at the allocated session times only;

(e) perform the tasks assigned by the Mentor, promptly and efficiently and to the best of Your ability;

(f) not engage in any activity or task that may place You or others in danger; and

(g) not engage in any activity or task that You feel You are unable to undertake safely.

Sessions taking place on Your Property

24. Where a Session takes place on Your property, You acknowledge and agree that:

(a) you are liable for the safety of the Mentor in the same manner as You would be liable to any other visitor to the property; and

(b) TFNAF provides no warranties regarding the safety or condition of Your property and will not be liable in the event of injury or death.

Farm Profiles

25. The TFNAF website may contain information on a farm, as provided by the owner of that farm (Farm Profile). Farm Profiles are for information purposes only and TFNAF does not warrant the accuracy of the information contained therein.

26. Display of FarmProfiles on the TFNAF website, does not in any way represent an endorsement of a farmby TFNAF. TFNAFmay remove FarmProfiles from its websitein its absolute discretion.

Placement Fees

27. You agrees to pay the Placement Fees upon booking a Placement via the TFNAF website. The Placement Fees include a Booking Fee and a Mentor Fee.

28. Your booking will not be confirmed until the Placement Fees have been received by TFNAF.

Cancellation of the Placement by TFNAF or the Farmer

29. TFNAF reserves the right to cancel Your booking and refund Your Placement Fees at any time, without disclosing a reason.

30. If, prior to its commencement, Your Placement is cancelled by the Mentor, TFNAF will notify You as soon as possible, and will use all reasonable efforts to book new dates with the Mentor or another mentor. In the event that a new Placement cannot be arranged at a time suitable to You, TFNAF will refund the Mentor Fee. You acknowledge that the Booking Fee will not be refunded.

Cancellation of a Placement by You

31. You understand that the Placement Fees are payable at the time of booking.

32. Placement Fees are non-refundable except for the limited circumstances as set out in these Terms. If You cancel Your Placement, prior to its commencement, the Placement Fees will not be refunded.

Participant Waiver

33. You waive all rights and entitlements to any claims, actions, suits, legal proceedings, demands, costs, losses, damages and expenses against TFNAF, now and at any future time, related to or in connection with an act or omission of TFNAFunder the Program.

34. You waive all rights and entitlements to any claims, actions, suits, legal proceedings, demands, costs, losses, damages and expenses against the Mentor, now and at any future time, related to or in connection with an act or omission of the Mentor under the Program.

Liability

35. TFNAF is not a representative or agent of the Mentor, and the Mentor is not a representative or agent of TFNAF.

36. TFNAF will not be liable to You or any third party, for any loss, damage, claim, action, expense, liability, injury or death arising out of or in any way connected with:

(a) the Program;

(b) an act or omission of You and/or the Mentor; or

37. The Mentor will not be liable to You or any third party, for any loss, damage, injury or death arising out of or in any way connected with:

(a) the Program;

(b) Your acts or omissions; or

38. To the fullest extent permitted by law, all conditions and warranties which would otherwise be implied in these Terms or otherwise in respect of the Placement (by statute, common law, equity or otherwise) are expressly excluded.

39. To the fullest extent permitted by law, the TFNAFservice is provided on an "as is" basis, and without any warranty or condition, express or implied.

40. Notwithstanding any other clause in these Terms, the Participant agrees that, to the extent permitted by law, TFNAF’s liability for all claims connected directly or indirectly with the Placement is limited to the Booking Fee.

41. Notwithstanding any other clause in these Terms, the Participant agrees that, to the extent permitted by law, the Mentor’s liability for all claims connected directly or indirectly with the Placement is limited to the Mentor Fee.

42. To the extent permitted by law, TFNAF and the Mentor expressly exclude all liability for indirect and consequential loss, including but not limited to loss of profit, goodwill, business opportunity or anticipated savings or benefits.

Participant’s Liability

43. You will be liable for any damage to the Mentor property or equipment, caused by Your negligent, malicious or reckless acts or omissions.

Dispute Resolution

44. You may raise concerns or issues with TFNAF at any time. If TFNAF elects to investigate the concern, You agree to cooperate with TFNAF and provide any reasonable assistance required.

45. Where there is a dispute between You and TFNAF, the parties agree to cooperate and make genuine attempts to resolve the dispute.

46. Where there is a dispute between You and the Mentor, the parties agree to cooperate and make genuine attempts to resolve the dispute. TFNAF has no obligation to assist or involve itself in such a dispute.

Feedback

47. At the conclusion of the Placement, You may be asked to provide feedback to TFNAF. If You provide feedback, You grant to TFNAF the right to reproduce and publish that feedback on TFNAF’s website and other promotional materials. This right, once granted, may not be revoked. Feedback will be attributed only by first name.

Privacy

48. Personal information provided by You to TFNAF, and otherwise collected by TFNAF, may be used and disclosed for the purposes of the Program, including:

(a) the administration of the program, including providing a Mentor with contact details (name, phone number and address) once a Placement has been confirmed;

(b) advertising and marketing the Program, including on the TFNAF website.

49. TFNAF may use Your personal information to provide Your with advertising or marketing material. TFNAF agrees to cease providing any such material, at Your request.

50. TFNAF will not disclose your Personal Information on the TFNAF website, other than as allowed under clause 48.

Amendment to these Terms and Conditions

51. TFNAF may modify these Terms from time to time by notice to You and the Mentor. TFNAF will send notification using the contact details provided at the time of booking. The modifications will be effective from the time stated in the notification.

General

52. Governing Law: This Agreement is governed by the laws of Victoria, Australia. The Parties agree to submit to the exclusive jurisdiction of the courts of Victoria and its courts of appeal therefrom.

53. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement to the extent of the invalidity or unenforceability and the remaining provisions of this Agreement shall remain in full force and effect.

54. Entire Agreement: This Agreement constitutes the entire agreement between the Parties relating to its subject matter, and supersedes all prior agreements, representations and understandings between the Parties relating to the subject matter.

55. Waiver: No failure or delay by a Party to exercise or enforce a right, power or remedy under this Agreement will operate as a waiver of that right, power or remedy. A waiver under this Agreement will only be effective if in writing and signed by the waiving party.

56. Assignment and Subcontracting: Neither Party will assign, subcontract or otherwise transfer its rights and obligations, in whole or in part, under this Agreement without the prior written consent of the other Party.

57. No Joint and Several Liability: Notwithstanding anything to the contrary, all representations, warranties, covenants, liabilities and obligations in these Terms are several, and not joint, to each Party, and no Party will be liable for any breach, default, liability or other obligation of another Party.

Defined Terms and Interpretation

58. Terms used throughout these Terms have the following meanings:

Booking Fee means the portion of the Placement Fees assigned to TFNAF for its services.

Mentormeans the farmer registered to participate in the Program and act as Your mentor during the Placement.

Mentor Fee means the portion of the Placement Fees assigned to the Mentor for his or her participation in the Program.

Participants means the individuals who register to participate in the Program.

Placement means a booked opportunity during which a Participant and Mentor will participate in the selected type of Session.

Placement Fees means the fees paid by Participants under these Terms to participate in the Program, including the Booking Fee and the Mentor Fee.

Session means one or more session, as defined at any given time on the TFNAF website. Sessions may take place at either the Mentor or Participant’s property and may involve a discussion or task based experience, where the Participant works alongside the Mentor for a set period of time.

Shadow Farming Program or Program means the program developed and operated by TFNAF, which connects mentors and Participants.

Shadow Farming Program Agreementmeans the agreement signed by mentors, governing the specific arrangements between those mentors and TFNAF.

Terms means these Participant Terms and Conditions.

TFNAFmeans This Farm Needs A Farmer.

59. These Terms must be interpretedin accordance with the following rules:

(a) the words “without limitation” will be deemed to follow any use of the words “include” or “including”;

(b) words denoting the singular include the plural and vice versa;

(d) a reference to a person or Party includes that person or Party’s legal successors or assigns and any person to whom rights and obligations are transferred as a result of a re-organisation.

PRIVACY TERMS AND CONDITIONS AND COOKIES