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PICNICS

TERMS & CONDITIONS

1. Bookings and Payment

  1. To accept and confirm a booking, the customer must pay the non-refundable deposit amount of 50%. The remainder of the amount due must be paid 14 days before the date of the booking. If payment of the invoice, in full, has not been by close of business on the 14th day before the date of the booking, we reserve the right to cancel the booking.
  2. All bookings made less than 14 days before the booking date require full payment for confirmation of the booking. 
  3. Public Holiday bookings incur a 15% surcharge, and this will be factored into all quotes or invoices provided for bookings on Public Holidays. 

 

2. Locations and Accessibility

Customers will be asked to choose a picnic location at the time of booking. At this time, the customer will also be asked to nominate a back-up location in case of inclement weather. Picnic locations cannot be more than 50 metres away from parking access unless discussed and agreed to prior. This is due to the amount of equipment needed to be carried and therefore extra staff may be required, resulting in a fee.

3. Weather Related Issues

Our events are occasionally subject to wet weather. If wet weather is predicted 48 hours ahead of your experience, you have four options to choose from:

 

  1. You can go ahead with your picnic as scheduled, and you’re happy to take the risk with the rain. For some locations you can rent a cabana for an additional fee.
  2. You can reschedule your picnic to a new date of your choice. 
  3. Your picnic can be relocated to your hotel room, home or indoor centre.
  4. You can exchange your picnic for a gift voucher, which you can redeem in the next three years. The experience must take place before or on the expiry date of the gift voucher.

Soulful Passions will contact customers via phone and/or email if adverse weather is predicted.

4. Hire Period

Picnics are limited to the period of 3 hours. Additional hours will be charged in increments of $50.  At the time of booking, the customer will have nominated a start time for their booking. It is essential that the customer is at their chosen location at the booking time, as we will not leave our equipment unattended. We request at least 24-48 hours notice to book and schedule your picnic, subject to availability.

5. Waste

We adopt a ‘Leave No Trace’ policy to help sustain the environment and, out of respect to the parks and wildlife, we aim to leave a zero footprint. Customers must ensure all rubbish is placed into the garbage bags provided and taken with them to be disposed of responsibly. 

 

6. Conservation Areas and Environmental information

We require our customers to comply with environmental regulations whilst using our services.

7. Cancelling of service

      1. All deposits are non-refundable and non-transferable. If the customer wishes to cancel their booking, and they advise us of this in writing at least 14 days before the booking, we will provide a refund of any money paid in excess of the 50% deposit. The 50% deposit, exclusive of the bond, however will be forfeited. 
      2. All cancellations within 14 days of a booking will result in forfeiture of 100% of the invoice amount, exclusive of the bond. Any reduction in booking size will not result in a refund, and any increase in booking size will be subject to our agreement.
      3. You can however reschedule or we can issue a gift voucher with a 3-year validity for future use. Gift vouchers are non-refundable but they are valid for 3 years from the date of purchase. The experience must take place before or on the expiry date of the gift voucher.  The value of gift voucher reflects the purchase price on the issue date. Any increase in the price or availability of the experiences, will be payable by the voucher holder at the time of booking.

         

8. Late Arrivals & No-Shows

Customers must arrive at the booked location on time. If the customer is more than 30 minutes late, their event duration may be shortened without compensation. If the customer fails to show up within 60 minutes of the booking start time, the booking will be considered a no-show, and no refunds will be issued.

 

9. Guidelines for Use of Equipment

    1. All hired items must not be left unattended at any time during the duration of the booking period. All items must be present and accounted for at the end of the booking and must remain in the same condition as they were in at the start of the booking. Flames and smoking is not permitted on or near the hired items.
    2. The customer is liable for any and all damage to, or loss of, the hired items during the booking. Any items found to be damaged and/or missing will result in an amount being withheld from the bond to cover the cost of repair and/or replacement, and an invoice will be issued to recover any additional costs if necessary.

 

10 .Liability

We shall not be held responsible or accountable for any damage, injury, death, or other loss suffered by the customer or any other third party due to the services provided by us. 

11. Consumption of food

    1. Prior to confirming a booking, we should be informed of any allergies or dietary requirements. If necessary, substitute products may incur additional fees. We are not responsible for any allergic reactions that may occur if the customer fails to declare their allergies or dietary requirements in writing on the booking form.
    2. It is not recommended for individuals with severe allergies to consume our food. Although we make every effort to cater to allergens, we cannot guarantee that allergens will not be present. Therefore, we recommend that individuals with severe allergies do not consume our grazing options due to the potential for cross-contamination.
    3. While we ensure all food is prepared and handled with care, we are not liable for any foodborne illnesses or adverse reactions that may occur from consuming our food. Customers are responsible for ensuring that food is consumed within safe timeframes and storage conditions.
    4.  Customers must notify Soulful Passions of any food allergies or dietary restrictions before booking. If a guest chooses to consume any food provided, they do so at their own risk.

 

12. Consumption of alcohol

    1. Council locations have distinctive regulations, liquor licensing and trading requirements. It is the liability of the customer to establish and obtain permission/licenses to consume alcohol in areas of a picnic set up. We bear no responsibility for violation by any enforcing authority.
    2. Soulful Passions does not provide alcohol. If customers choose to consume
    3. alcohol, they do so at their own risk and must comply with local laws and regulations.
    4. Soulful Passions is not responsible for any incidents, fines, or legal consequences resulting from alcohol consumption at the event.

 

13. Advertising

  1. Soulful Passions has the right to all photos taken at the booking for advertising purposes.
  2. If a customer does not wish for photos of their event to be used for marketing purposes, they must notify Soulful Passions in writing before the event.
  3. Any images used for marketing will not include personal names or identifying details unless express permission is granted.

 

14. Rescheduling

All reschedules must be made with 72 hours notice to avoid a charge and have to be approved, Availability varies.

15. Travel fee

For locations outside of our service area, a travel fee will apply and varies on a location to location basis.

 

16. Menus

All Picnic popup menus are subject to change, depending on availability and we reserve the right to replace any menu item to something equally as yummy and no board is made exactly the same. 

17. Release & Indemnity

You release and indemnify Soulful Passions from any third-party claims, suits, actions, or damages arising from the use of hired items, breach of these Terms, or our enforcement of rights under these Terms.

18. Force Majeure

We are not liable for any failure or delay in providing our services due to circumstances beyond our control, including but not limited to extreme weather, natural disasters, strikes, government restrictions, pandemics, or other force majeure events. If such an event occurs, we will work with the customer to reschedule the experience or provide a credit voucher where possible.

19. Other 

We reserve the right to modify, add, or remove any part of these Terms and Conditions without notice. Changes are effective immediately. Our decision is final in all matters relating to these Terms and Conditions. By making a payment, you unconditionally accept and understand these Terms and Conditions.

 

 

Hikes

TERMS & CONDITIONS

These Terms & Conditions apply to all activities you (You or Your or Yourself) engage in with Soulful Passions (ABN 68147705709) (We or Our or Us).  By agreeing these Terms & Conditions You agree to each of the following clauses contained below.

Please ensure you read these Terms & Conditions carefully before booking

  1. Definitions

In these Terms & Conditions, the following words have a special meaning:

  1. Claim means any claim, notice, demand, action, proceeding, litigation, investigation or judgment, however arising, whether present, unascertained, immediate, future or contingent, whether based in contract, tort, statute or otherwise and whether involving a third party or a party to this Risk Acknowledgement and Waiver Form.
    1. Losses means liabilities, losses, damages, expenses and costs (including, but not limited to legal costs on a full indemnity basis and whether incurred or awarded) of any kind or nature whether arising in contract or tort (including negligence) or under a statute, including, but not limited to:
    1. loss of anticipated profits, revenue, savings, loss of opportunity, pure economic loss and loss of data;
    1. any other consequential, special or indirect loss or damage.
    1. Personnel, in relation to the Supplier, means the Supplier’s directors, officers, employees, representatives, agents, contractors and volunteers.
  2. Acknowledgements
    You acknowledge that You will engage in some or all of the following activities (Activities) with Us:

     

    1. yoga;
    2. spa treatment;
    3. arts and crafts;
    4. cooking classes;
    5. dance classes;
    6. cupcake decorating;
    7. spectating performance;
    8. face painting; or
    9. balloon twisting.
    10. guided hiking tour;
    11. gourmet dining; and
  3. Although We take reasonable care in providing the Activities, You acknowledge that the Activities involve risks including (but not limited to) physical harm, death or disablement resulting from walking on uneven surfaces, or consuming food items.
    1. Prior to undertaking any Activities with Us, You must satisfy Yourself that You are currently in good physical condition and are not aware of any medical or other reason why You cannot or should not participate in the Activities.  If You have any reason to believe You cannot or should not participate in the Activities (including allergies, pre-existing conditions or respiratory issues), You must tell Us before engaging in the Activities.
    1. You acknowledge that You are responsible for Your own health and determining whether a particular food is safe to consume.  You acknowledge that You have advised the tour guide of any special dietary needs and/or provided for them Yourself. You acknowledge that We cannot guarantee all traces of nuts, egg, dairy, gluten and other known allergens are fully removed.
    1. You acknowledge that the Activities include risks of physical injury, harm or property damage, and agree that You undertake any the Activities voluntarily and at Your own risk for the purposes of Part 1A, Division 5 of the Civil Liability Act 2002 (NSW).
    1. You acknowledge that We have the right to exclude any person from participating in our activities. This includes if, at any time, the trip leader concludes the participant does not meet the minimum health and fitness requirements to safely undertake the activity, including being under the influence of alcohol or drugs. 
    1. You acknowledge that we have a zero-tolerance for any behaviour which puts other participants’ safety at risk, such as bullying, harassment, abusive or otherwise unsafe or unwelcome conduct.  You acknowledge that You are not entitled to a refund if You are asked to leave the tour.  Any partial or full refund offered will be at the discretion of the trip leader.
    1. You acknowledge that there may be no medical care available during the Activities.
  9. Waiver & Limitation of Liability
    1. To the extent permitted by law, You expressly and forever release and discharge Us and Our Personnel absolutely from and in respect of any liability or responsibility whatsoever We or Our Personnel may otherwise have in respect of any Claims or Losses in relation to Your participation in the Activities:
    1. personal injury (including mental and nervous shock and death) You incur or suffer, directly or indirectly in relation to any Activities;
    1. Your failure to follow any rules of the Activities or any directions given by the Supplier or its Personnel in relation to Your participation in the Activities;
    1. any act or omission of Yours in the course of any Activities which causes or contributes to personal injury (including mental and nervous shock and death) to any person; or
    1. any act or omission of Yours in the course of any Activities which causes or contributes to any loss of or damage to any physical property,

except to the extent that those Claims or Losses are caused by a reckless act or omission of Us or Our Personnel.

  • You agree to indemnify Us in respect of any Claims or Losses arising out of anything associated with Your participation in and/or reliance upon the Activities (to the extent permissible by law), including in the event that that You become unwell, injured, or lost while experiencing a Product, You agree to indemnify Us for any costs incurred by Soulful Passions or our Suppliers in arranging emergency evacuation or transportation, medical treatment, or other related costs..
    • You hereby waive all and any right to bring any Claims which You have, or may in the future have, against Us arising from or in connection with the Activities.
  • Health, Fitness and Medical Disclosure
    • You agree that the Activities may be physically strenuous and that You are in proper physical condition to participate in the Activities.
    • You agree that You will disclose to Us any underlying medical conditions relevant to Your participation in the Activities.
    • You agree that Your health and fitness needs to be appropriate to participate in the Activities and acknowledge that We recommend that You should seek medical advice if You are uncertain of whether Your health and fitness is appropriate to participate in the Activities.
    • You agree that there is no obligation for any person to provide You with medical care during the Activities.
  • Australian Consumer Law Waiver
    • Under the Australian Consumer Law,  statutory guarantees apply to the supply of certain goods and services, including recreational activities.  A supplier may ask You to agree that these statutory guarantees do not apply to You (or a person for whom or on whose behalf You are acquiring the services).
    • You agree that Our liability for each of the following 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 is excluded:
    • death;
    • physical or mental injury (including the aggravation, acceleration or recurrence of such an injury);
    • the contraction, aggravation or acceleration of a disease; or
    • the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs:
      • that is or may be harmful or disadvantageous to You or the community; or
      • that may result in harm or disadvantage to You or the community.

  • Cancellation
    • You agree that if You do not attend Your booking or event, except in circumstances as set out in paragraph 7 and 8 of this Waiver, You will not be entitled to a refund or other compensation.
    • In the event We are required to cancel Your booking prior to commencement due to inclement weather, terrorism, natural disasters, civil disorder or disturbance or other external events which make it impractical or unviable as determined by Us, You will be entitled to a credit towards another booking or event that We offer.
    • You agree that We are not liable for any direct or consequential losses incurred by You as a result of, or flowing from, Our cancellation of a booking or event.
    • If You are unable to attend Your booking, or Your booking is unable to proceed, directly as a result of COVID-19 restrictions including You or any attendee receiving a positive test within 14 days of Your booking, any attendee being required to isolate, or lockdown/travel restrictions preventing the attendee from attending the booking, You will receive refund or a 100% credit towards a future booking or event.
    • You agree that We retain the right to alter routes, itineraries, fares, days of operation or cancel hikes if unforeseen circumstances occur.
    • In some cases, We may require minimum numbers to run a hike. You acknowledge that We reserve the right to offer the Guest the option of an alternative day or itinerary or a credit towards another booking or event that We offer.
  • Marketing and Photos
    • You consent to Us taking photographs, video recordings and/or film footage of You while You are on Your tour or experience and that these may be used on Our social media platforms and website and/or advertising or publicity material or other online platforms without obtaining any further consent from You or payment to You in respect of such photographs, video recordings and/or films.
    • If you do not consent to Us taking photographs, video recordings and/or film footage of You while You are on Your tour or experience, you agree that you will clearly communicate to the tour guide on the day of your booking that you do not consent to such taking of photographs, video recordings and/or film footage.
  • Copyright
    • Content published on Our website (digital downloads, images, texts, graphics, logos) is the property of Us and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is Our exclusive property.
  • Third Party Providers
    • Some optional activities that form part of the event or this contract may be provided by an independent company or qualified individual. In this instance, We have contracted a third party provider or qualified individual to provide specialist services. The contract for the provision of that activity will be between You and the third party provider or qualified individual.
    • By participating in the activity, You also accept that any assistance given by the specialist leader in undertaking the activity does not render Us liable any independent company in any way.
  • Exclusions
    • We will not arrange or provide the following:
    • Your personal insurance;
    • Your transport to and from the event site or start location; or
    • Additional activities unless expressly stated as being included in Your booking.
  • Application
    • These booking terms and conditions apply exclusively to every contract for services by Soulful Passions to a guest, including through an agent, and cannot be varied except as expressly agreed in writing by Soulful Passions.
  • Choice of law
    • These terms and conditions are governed by and to be interpreted in accordance with the laws of NSW and Australia. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts and tribunals of NSW and courts able to hear appeals from them.
  • Severability
    • If a provision of this Waiver is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

Privacy

Any personal information that We obtain from You or about You is necessary for Our business purposes or to supply the hiking experiences, Products and Services, and may be used for answering Your questions, arranging hiking Experiences, operations and administration, marketing of Our services and other related purposes.

We will not disclose Your personal information to a third party except to suppliers of Your hiking experiences, to an adviser of Soulful Passions, or where required by law. We will otherwise treat your details in accordance with our privacy policy (available for viewing on website as well) Privacy Policy – Soulful Passions Sydney

Insurance

It is strongly recommended that participants have a minimum of personal injury insurance that includes Ambulance cover, which We recommend be arranged prior to attendance.

Important Notice

You do not have to agree to exclude, restrict or modify Your rights by signing these Terms & Conditions.  We reserve the right to refuse to provide You with the services if You do not agree to exclude, restrict or modify Your rights in accordance with these Terms & Conditions.

Any persons under the age of 18 must have the consent and approval of their legal parent or guardian before engaging in the Activities.  Persons under the age of 18 must have their legal parent or guardian read these Terms & Conditions, explain them to the person under 18, and sign on behalf of the person under 18 before engaging in the Activities.

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Soulful Passions acknowledges the Australian Aboriginal and Torres Strait Islander peoples of this nation. We acknowledge the traditional custodians of the lands on which we hike. We pay our respects to ancestors and Elders, past and present. Soulful Passions is committed to honouring Australian Aboriginal and Torres Strait Islander peoples’ unique cultural and spiritual relationships to the land, waters and seas and their rich contribution to society.

Soulful Passions is born from a passion for nature, good food, creating memories combined with a love of entertaining.

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Pull on those hiking boots, take a wander and discover the wilderness, white sands and wholesome tranquility that lies at your fingertips in Sydney’s spectacular backyard.

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