TERMS & CONDITIONS
Terms & Conditions V3.1
Blue Mountains Picnics ABN: 93 634 637 246 (BMP) provides picnics as advertised at www.bluemountainspicnics.com.au (Picnic). BMP also runs the Amazing Challenge (AC) and provides professional photography. BMP’s products and services are offered to members of the public according to the following terms and conditions
By making a booking you (Client):
This version of these Terms & Conditions was updated on 3rd June 2021 to accommodate our AC activities. The terms may vary from time to time without notice however the Terms and Conditions as current at the date of booking will apply to the Client. If you do not agree to the Terms & Conditions, you must not making a booking with us.
We may also email you a copy of these Terms and Conditions upon making a booking, and the Terms and Conditions will be deemed to be accepted within 24 hours of all bookings regardless if you receive an email or not. Should you or anyone else partaking not agree to the Terms and Conditions, you must cancel your booking within the 24 hours and the Deposit referred to in clause 2 will be refunded.
A non-refundable deposit of $110 AUD inclusive of GST (Deposit) must be paid to secure all picnic bookings. If no Deposit is received then the booking is not valid. Subject to clause 1 above, if the Client cancels the Picnic more than 30 days prior to the original booking date, all money will be refunded less the $110 Deposit. The Client agrees that the $110 Deposit is strictly not refundable under any circumstances even if BMP fails to deliver the Picnic.
The Picnic must be paid in full no later than 7 days from the original booking date. If payment hasn’t been received, BMP reserves the right to cancel the Picnic and keep the deposit and any other amounts paid. The Client may also change the date of the booking prior to 30 days from the original booking date however the Client must choose a date no later than 6 weeks (42 days) after the original booking date or otherwise BMP reserves the right to cancel the booking. If the Client cancels or doesn’t attend the Picnic within 30 days of the original booking date, the Client is not entitled to any refund.
The Client must pay in full to secure their entry into the AC. The entry fee is strictly non refundable under any circumstances but may be utilised towards a credit for any of BMP’s products & services provided the credit is not requested less than 14 days out from the event. If the Client cancels or doesn’t attend the AC within 14 days of the TH then the Client is not entitled to any refund or credit.
All Gift Certificates are strictly non-refundable under any circumstances.
BMP may offer a payment plan at their discretion. If BMP offers the Client a payment plan, the Client must meet the payments by the payment dates as agreed. Should the Client fail to meet the payment dates or terms, then BMP may cancel the payment plan at any time, and all remaining payments must then be made immediately in full by the Client. The Cancellation and Refund Policy in clause 2 applies, although the date for full payment may be varied if agreed by the parties.
While BMP endeavour to choose quiet and private locations for the Picnics, the Client acknowledges the location is public space and we cannot guarantee there will be no other persons in the location, nor peace and quiet.
The Client will have two (2) hours at the Picnic location and must arrive and depart the immediate Picnic vicinity in accordance with their start and end time of their booking.
If there is poor weather such as rain, storms or extreme wind or any other force majeure event, BMP may cancel the picnic at their sole discretion. The Client may reschedule the Picnic on an available date of their choice no longer than 3 months after the original Picnic date. If the Client fails to reschedule a picnic within 3 months the Client will not be entitled to another Picnic or receiving a refund. BMP may provide the Client with another Picnic in these circumstances at their sole discretion. No refund will be provided if the Client chooses to cancel the Picnic rather than rescheduling.
All AC events will go ahead regardless of the weather unless there is extreme force majeure circumstances such as COVID restrictions, bushfire or flooding which will be determined at the sole discretion of BMP. In a force majeure event the Client is not entitled to a refund and the event will be postponed to a suitable date/time although BMP may offer other resolutions at their sole discretion.
Clients are welcome to bring along their children on Picnics, and do so at their own risk. If any person is under 18 years of age then they must be accompanied by a parent/guardian and are not permitted to consume alcohol, and the Client indemnifies BMP for any accident, injury, loss or damage in accordance with clause 10. Client Waiver & Limitation of Liability.
Please discuss your children attending with BMP prior to booking a Picnic if you feel necessary. We reserve the right to check all participants’ identification at any time.
Clients are also welcome to bring their children along on any AC, and do so at their own risk.
The Client agrees;
BMP reserves the right to immediately disqualify and eject any Client at BMP’s sole discretion if they are deemed to be unsafe, unsportsmanlike, cheating or not following directions. The Client will receive no compensation in these circumstances. BMP also reserves the right to amend the prizes at any time.
As part of booking a Gourmet or Proposal Picnic, BMP supplies complimentary beverages consisting of alcohol and non-alcoholic options. BMP does not sell alcohol and further alcohol cannot be purchased. This is offered as a complimentary services as refreshments are needed during a picnic.
The Client and all others who partake in the Picnic consume alcohol at their own risk, and agree to indemnify BMP for any resulting accident, injury, loss or damage as a result in accordance with clause 10. Client Waiver & Limitation of Liability.
We urge all participants to drink responsibly, and if they become intoxicated they must not continue drinking.
The Liquor Act 2007 (NSW) provides a person must not supply liquor to a person under the age of 18 (Minor) on any premises other than licensed premises unless that person is/or authorised by a parent or guardian, and the supply is consistent with the responsible supervision of the minor. (Penalty exceeds $11,000, or 12 months imprisonment may apply), and for a Minor to receive alcohol without the permission of their parent/guardian (Penalty exceeds $2,200.00).
We do not consider it responsible to provide alcohol to Minors on BMP Picnics and consumption of alcohol by Minors is not permitted. If we consider there is a risk of underage drinking then we reserve the right to remove the alcohol from the Picnic with no refund or compensation for this.
Any residual alcohol may be taken home by the Client at the end of the Picnic.
The Client is hiring the picnic equipment from BMP during the designated 2 hour picnic window. It is the Client’s responsibility to take care of this equipment and ensure there is no damage or theft. Even if this is not the direct result of the Client. As BMP do back to back picnics and run on a tight schedule, if the Client arrives late BMP may need to leave the picnic gear unattended. If there is any damage or missing items during this time it is the Clients responsibility to pay for this damage.
Before and after every Picnic, BMP will complete a checklist which outlines every item supplied and the condition. Photos may also be taken as further evidence prior to the commencement of every Picnic.
BMP will determine at its absolute discretion, if any items are missing or damaged, and the Client must pay BMP the associated replacement cost. If it is not possible to replace an individual item then the Client must cover the cost to purchase the minimum possible quantity. The Client must also pay BMP for the time associated with ordering and rectifying the damage or missing item at a rate of $100 + GST per hour.
BMP may at their discretion, but is not obliged to, agree to a payment plan for the cost of the damaged or missing Picnic items. If the Client does not pay for the damaged or missing Picnic items, then the Client irrevocably authorises BMP to charge the Client’s credit card for the cost of the damaged or missing Picnic items.
If the Client refuses to pay BMP for any damaged or missing items, BMP reserves the right to commence recovery action and the Client will be responsible for any costs associated for BMP to recover any debts. Any outstanding debts will also accrue interest at 2% per month calculated daily.
Any damage, missing items or additional cleaning will be brought to the attention of the Client after the picnic to ensure the experience isn’t ruined. The Client must notify BMP immediately following the picnic if any items were damaged or dirtied.
Should the Client create any extra cleaning of the BMP equipment as a result of spilled drinks, food, muddy rugs, dog hair, etc., then the Client will be required to pay a Cleaning Fee of $100 plus GST. BMP will determine this in its absolute discretion and the Client irrevocably authorises BMP to charge the Client’s credit card for the cleaning fee. If the Client refuses to pay BMP for the cleaning fee, BMP reserves the right to commence recovery action and the Client will be responsible for any costs associated for BMP to recover any debts. Any outstanding debts will also accrue interest at 2% per month calculated daily.
IMPORTANT: PARTICIPATING IN AN OUTDOOR ADVENTURE IS AN INHERENTLY RISKY ACTIVITY THAT COULD RESULT IN INJURY OR DEATH, AND BMP EXCLUDES ITS LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Client acknowledges and agrees that the products and services offered by BMP is in the nature of an “outdoor adventure” and as such, has inherent dangers and risks, including risk of injury or death to the Client. You may also encounter unexpected occurrences including but not limited to tripping, slipping or falling over vegetation, rocks or cliffs, bites by snakes, spiders or other insects, and bushfires or extreme weather events. Driving is also an inherently risky activity that could result in injury or death and the Client must drive in a safe manner and follow all road laws.
The Client further acknowledges and agrees that due to the nature of the activity and such unexpected occurrences, it would be unreasonable for BMP to be in any way responsible for any injury to or death of the Client and the Client hereby, to the full extent permitted by law, waives all of his or her legal rights of action against and fully releases BMP for loss, damages, injury or death howsoever arising out of or in relation to the participation by the BMP in the activities organised by BMP including without limitation, liability for any negligent or tortious act or omission, breach of duty, breach of contract or breach of statutory duty on the part of BMP, its office bearers, directors, employees or agents.
The Client further acknowledges and agrees that he or she has undertaken the activity freely, voluntarily and absolutely at his or her own risk and with a full appreciation of the nature and extent of all risks involved in the activity. The Client also acknowledges that the risk warning above constitutes a ‘risk warning’ in accordance with relevant legislation, including the Civil Liability Act 2002 (NSW). This waiver shall bind the Client and his or her executors.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW & CIVIL LIABILITY ACT 2002 (NSW)
Under the Australian Consumer Law which is Schedule 2 to the Competition and Consumer Act 2010 (Cth), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that BMP is required to ensure that the recreational services it supplies to you-
However, BMP is entitled to ask you to agree that these statutory guarantees do not apply to you. If you agree to this waiver, you will be agreeing that your rights to sue BMP under the Competition and Consumer Act 2010 (Cth) if you are killed or injured because the services provided were not in accordance with these guarantees, are excluded, restricted or modified in the way set out in this waiver.
NOTE: The change to your rights, as set out in this waiver, does not apply if your death or injury is due to reckless conduct on BMP’s part. Reckless conduct refers to conduct where BMP is aware, or should reasonable have been aware, of a significant risk that the conduct should result in personal injury and engages in the conduct despite the risk and without adequate justification.
By agreeing to this waiver, you agree that the liability of BMP in relation to recreational services (as that term is defined in the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law) and recreational activities (as that term is defined in the Civil Liability Act 2002 (NSW) for any:
that may be suffered by you (or a person for whom or on whose behalf you are acquiring the services) resulting from the supply of recreational services or recreational activities is excluded. Travelling to, from and during the activities is also included.
BMP has requested information from food suppliers as to dietary requirements such as gluten free, dairy free, vegan foods, and have used their best endeavours to accurately supply such foods, however BMP cannot guarantee the accuracy of such requirements as BMP relies on third party suppliers. Clients should conduct their own due diligence, and either take precautions, or not consume the food, if they have any concerns.
Client are welcome to bring their own food, at their own cost, in addition to the Picnic food including in addition to the Gourmet Picnic (catered), at their own risk.
To the extent permitted by law, the Client agrees to indemnify BMP as set out in clause 10 and BMP shall not be liable for any injury loss, accident, or delay that may occur in respect of any goods or services, due to factors beyond their control or by reason of any act or omission of any third party, and as a result including but not limited to food allergies, injuries or poisoning resulting from any Picnic food or other food brought or provided, or dietary requirements which have not been met.
The Client agrees they are responsible for making independent enquiries with third parties regarding the need to acquire their own insurance coverage for any risks raised in clauses 6, 10 and 11.
If any fact, circumstance, matter or thing beyond the reasonable control of BMP (Event) including but not limited to electricity supply interruptions, industry strikes, insurrections, riots, wars, pandemics and natural events including but not limited to contamination, floods, storms, bushfires, and earthquakes which prevents BMP from performing in whole or part its obligations. BMP will give notice of the Event to the Client and:
BMP are a COVID Safe Business with a COVID Safety Plan meeting the NSW Government requirements. The Client may request a copy of this plan or contact BMP if they have any queries.
If any clause or part of any clause in these Terms and Conditions are in any way unenforceable, invalid or illegal, it is to be read down so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms and Conditions without affecting the enforceability, validity, or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
BMP may offer their professional photography services to the Client for an additional fee as agreed. The Client is entitled to take their own personal photographs at the Picnic but must not engage an independent professional photographer without the written consent of BMP. Photography bookings are independent of the original picnic booking and the same cancellation/refund policy applies. A non-refundable deposit of $110 AUD inclusive of GST (Photography Deposit) must be paid to secure the photography booking. If no Photography Deposit is received then the booking is not valid. The Client agrees that the $110 Photography Deposit is strictly not refundable under any circumstances even if BMP fails to complete the photography.
While BMP will endeavour to capture the highest possible quality images, the Client acknowledges that the photography is conducted outdoors and not in a studio so therefore the quality of the images cannot be guaranteed by BMP due to variances in lighting, weather and other key factors. BMP will also endeavour to capture ‘the moment’ for any proposal photoshoots as requested but also cannot guarantee that this or the quality of the images.
BMP may also offer their professional photography services to Clients who do not complete a picnic. In these circumstances the same requirements and risk waiver apply to all other activities as per these Terms & Conditions