TERMS & CONDITIONS

Unless otherwise agreed in writing by Fernbank Farm, the Customer agrees that it will be bound by these Terms and Conditions if the Customer make a booking with Fernbank Farm.

1. Definitions

(a) "Accommodation" has the meaning set out in clause 7.

(b) "Customer" means the person, business partnership, company or entity ordering the goods and/or services from Fernbank Farm.

(d) "Property" means 756 Yarramalong Road, Wyong Creek NSW 2259, or any part thereof, and includes all fittings, fittings and chattels owned by Fernbank Farm.

(e) "Terms and Conditions" means this document, and any schedules, annexures or attachments.

(f) "Wedding" means the event booked by the Customer and includes, but is not limited to, the reception.

2. Bookings and Payment

(a) The deposit amount provided in your booking documentation must be paid at the time of booking to reserve your date. This deposit is not refundable.

(b) Fernbank Farm will not guarantee that your preferred date will be available if the deposit is not paid in full at the time of booking.

(d) Fernbank Farm and the Customer may enter into a payment plan in relation to the costs of the Accommodation and the Wedding. The terms of the payment plan will be negotiated at the time that the booking is made, and will depend on the total cost of the Accommodation and the Wedding and the length of time between the booking and the event.

(e) If the Customer does not comply with the terms of the payment plan, then:

i. The Customer will risk losing the booking and will need to renegotiate the payment plan accordingly.

ii. Full payment of the balance of the invoice must be made at least thirty (30) days prior to the Wedding.

(f) If the invoice is not paid in full by fourteen (14) days prior to the Wedding, Fernbank Farm may cancel the booking.

(g) Accommodation is not a strict requirement and can be individually negotiated. Peak season dates & public holidays require a minimum of 2 Night Stay to be booked.

(h) Fernbank Farm is entitled to pass any merchant fees incurred during transactions on to the Customer. The applicable merchant fees will be notified to the Customer by Fernbank Farm from time to time.

3 Cancellation Policy

(a) If a Wedding booking is cancelled by the Customer more than nine (9) calendar months prior to the date of the Wedding, Fernbank Farm will retain all monies paid by the Customer, unless the date is resold for at least equal value.

(b) If a Wedding booking is cancelled by the Customer between six (6) and nine (9) months prior to the date of the Wedding, Fernbank Farm is entitled to retain all monies unless the date is resold for at least equal value.

(c) If a Wedding booking is cancelled by the Customer less than six (6) months prior to the date of the Wedding, Fernbank Farm is entitled to retain all monies paid by the Customer.

(d) Fernbank Farm may cancel bookings at their discretion and for any reason.

(e) If a booking is cancelled by Fernbank Farm because the Customer has not paid the invoice in full by fourteen (14) days prior to the Wedding, Fernbank Farm is entitled to retain all monies paid by the Customer, and hold the Customer liable for the balance of the invoice.

(f) If a booking is cancelled by Fernbank Farm for reasons of convenience, the Customer is entitled to a full refund.

(g) Bookings are not transferrable by the Customer without the prior written consent of Fernbank Farm. Fernbank Farm is not required to give this written consent, but may do at its sole discretion.

(h) Unless clause 11 applies, changes by the Customer to the date or time of a Wedding may be treated by Fernbank Farm as a cancellation and re-booking.

(i) The Customer acknowledges and agrees that the retention of monies by Fernbank Farm in accordance with this clause is compensation for the loss suffered by Fernbank Farm and does not constitute a penalty.

4 Weddings

(a) The maximum guest capacity for all Weddings is 100 people. Additional guests may be approved by Fernbank Farm in their absolute discretion.

(b) The Wedding is permitted to run for a maximum of seven (7) hours, and the commencement time must be agreed between the Customer and Fernbank Farm at the time of booking. If the Wedding exceeds seven (7) hours, an additional fee of $1500 per hour (or part thereof) is payable.

(c) Last drinks must be called by 9:45pm, and all bar facilities must close at 10:00pm. (d) All guests who are not staying in the Accommodation must depart by 11:00pm. (e) Any buses that have been arranged to transport guests are not permitted on the Property any later than 10:45pm.

(f) The front gate will be locked at 11pm and not be available for vehicle access to the Property until 9am on the following morning, unless alternative prior arrangements have been made with Fernbank Farm.

(g) The Customer is responsible for providing all catering, catering staff and associated equipment, such as cutlery, crockery and glassware. The caterer must be selected from Fernbank Farm's Approved Caterers List, or otherwise approved by Fernbank Farm at their absolute discretion. External caterers are invoiced the sum of $350 plus GST for the hire of our pop up kitchen facility.

(h) Fernbank Farm will hire portable toilet facilities, with the preferred supplier being Luxury Portable Toilets. The type and number of the facilities must be approved by Fernbank Farm at least fourteen (14) days prior to the Wedding to ensure that sufficient units are hired to properly service the Wedding. The cost of these facilities is included with your event.

(i) Children are not permitted on the Property for safety reasons, unless prior approval has been granted by Fernbank Farm in their absolute discretion. Any children who are permitted to attend must be supervised at all times by a parent or guardian, who must sign a child waiver document prior to or upon arriving at the Property.

(j) Under Fernbank Farm’s licence to operate, security guards must be hired if an event has over 60 guests. The cost of these security guards is included with your event.

(k) If it is determined, at the sole discretion of Fernbank Farm, that the Wedding is becoming out of control and posing a safety risk, the security guards will take the appropriate action, including but not limited to removing guests from the Property.

5.Inclusions

(a) Fernbank Farm will confirm details of the staff to be provided to assist with the Wedding when the quote is provided. Fernbank Farm reserves the right to substitute staff members prior to the Wedding, depending on staff availability.

(b) Fernbank Farm will provide styling for the Wedding from the Styling Store, in consultation with the Customer.

(c) Fernbank Farm will do all things reasonable to ensure that the items available in the Styling Store at the time of booking are available on the date of the Wedding, but will not guarantee the availability of any items. The Customer acknowledges that a significant period of time may elapse between booking and the Wedding, and that loss or damage may occur during this period. If an item is requested but not available, Fernbank Farm will use their best endeavours to provide suitable alternatives.

6. Exclusions

(a) Fernbank Farm provides quotes on the basis of the information that the Customer provides in relation to guest numbers, and event requirements. If the Customer changes the number of guests or the event requirements after the initial quote is accepted:

i. Fernbank Farm is entitled to issue a further quote for the additional work that is required;

ii. If the further quote is accepted, the Customer may be required to pay an additional deposit pursuant to these Terms and Conditions;

iii. If the further quote is not accepted, the Customer's Wedding must proceed on the basis of the guest numbers and event requirements that were originally quoted.

(b) The tennis court, pool and spa facilities do not form part of the facilities available for the Wedding, and can only be accessed by Accommodation guests. Accommodation guests are not permitted to access the tennis court, pool and spa facilities during the time that the Wedding is held.

(c) The Customer is responsible for providing sufficient bottled water for all guests. No water can be supplied from Fernbank Farm's private water supply due to a direction of the NSW Heath Department.

(d) The Customer is responsible for providing their own catering and toilet facilities, in accordance with clause 4

7. Accommodation

(a) The Heritage House and the Cottage are available at Fernbank Farm for Accommodation. A minimum two (2) night stay applies.

(b) The maximum number of guests permitted in the Heritage House is 8 adults.

(d) Accommodation is provided at a set price per house, per night, up to the maximum number of guests and in accordance with the rate set out in your quote.

(e) The maximum number of guests may only be exceeded with the permission of Fernbank Farm, and additional charges above the agreed price will apply.

(f) Children are permitted to stay in the Accommodation by special arrangement only.

(g) Credit card details must be provided at the time of making Accommodation bookings. Fernbank Farm is entitled to debit the costs of the Accommodation from that credit card unless alternate payment arrangements are made by the Customer.

8 Weather

(a) The Customer acknowledges and agrees that Fernbank Farm is not responsible for the impact of weather on the Wedding.

(b) If adverse weather, such as rain, flood, fire or wind, impacts upon the Wedding, Fernbank Farm will use all reasonable endeavours to ensure the comfort and smooth facilitation of the Wedding.

(c) Additional wet weather marquees are available for hire by the Customer at a cost of$200 each, and will be erected by Fernbank Farm at no cost.

(d) If the Fernbank Farm determines, after consultation with the Customer, that a Wedding is not able to take place due to the weather, a make good date will be arranged

9 Use of Property

(a) It is the responsibility of the Customer to ensure that their guests and suppliers are aware of, and comply with, the conditions for the use of Fernbank Farm.

(b) The Customer and their guests must comply with all requests, directions and policies of Fernbank Farm, as well as any applicable laws and regulations.

(c) Fernbank Farm may enter all parts of the Property at any time for the purpose of inspection and to carry out other tasks, but will not unreasonably interfere with the activities and enjoyment of the Customer and guests.

(d) Fernbank Farm may, at their sole discretion, require that the Customer or their suppliers alter their arrangements to ensure compliance with fire or other safety regulations or requirements.

(e) All rubbish must be removed from the houses by the Customer by the end of the Wedding, unless otherwise agreed with Fernbank Farm. All rubbish created by the event must be managed in a responsible manner and placed in the recycling bins on the property.

(f) Equipment hire companies and other suppliers engaged by the Customer must agree to abide by these Terms and Conditions.

(g) The kitchen must be kept clean and tidy at all times, and to a standard that complies with all relevant NSW Food Health and Safety regulations.

(h) Smoking is only permitted in the designated outside smoking areas, and a $5 fine will be imposed for each cigarette butt that is not placed in the provided bins. Smoking is not permitted inside the Accommodation or in any other area of Fernbank Farm.

(i) Illegal drugs are not permitted at Fernbank Farm, and any person who is found to be in possession of or under the influence of illegal drugs will be required to leave the Property immediately.

(j) The Customer must ensure that alcohol is served and consumed responsibly at all times, and that minors are not supplied with any alcohol. Any person who is found to be intoxicated will be required to leave the Property immediately. Fernbank Farm reserves the right to direct that service of alcohol be ceased if there is a risk to the safety of guests or if damage is caused, or likely to be caused, to the Property.

(k) No animals are permitted to be brought on to the Property without prior permission, which is granted at the absolute discretion of Fernbank Farm.

(l) The flora and fauna of Fernbank Farm is not to be disturbed or interfered with in any way.

(m) Excessive noise, which is determined by Fernbank Farm in their absolute discretion, is not permitted at any time. After 10:00pm, all music must cease and guests must internalise all noise. Noise must be kept to a minimum and all doors closed. Fernbank is governed by a strict Council ruling and due to the rural nature of the area, loud music, or offensive noise is not permitted. Decibel readings are taken and logged throughout the course of each event in order to maintain the comfort of all neighbours. The Duty Manager will direct all Music Suppliers to comply with the set decibel levels.

(n) The Customer warrants that the Property will not be used:

a. for any purpose that is unlawful;

b. for any purpose that is prohibited by these Terms and Conditions;

c. in any manner which could damage, disable, overburden or impair the Property; or

d. in any manner which could interfere with any other party's use and enjoyment of the Property.

10 Damage

(a) The Customer is responsible for any loss or damage caused by its invitees, including but not limited to guests, equipment hire companies and/or other suppliers.

(b) The Customer is responsible for taking out and maintaining any insurance over any items that they, or their invitees, bring on to the Property.

(c) The Customer must provide credit card details, and sign any credit card authorisation form required by Fernbank Farm, upon arrival at the Property as security for any breakages or damage caused by the Customer or its invitees.

(d) Fernbank Farm may, at its discretion, require that invitees of the Customer agree in writing to comply with the relevant Terms and Conditions.

(e) In the event of any loss, damage or injury to Property or persons caused by the Customer or their invitees, Fernbank Farm may hold the Customer and any offending invitees jointly and severally liable.

11 Covid - 19

(a) This clause applies at any time that the COVID-19 pandemic has an impact upon an event booked by the Customer at Fernbank Farm.

(b) If there is any inconsistency between this clause 11 and any other provision of these terms and conditions, then this clause 11 will prevail to the extent of any inconsistency.

(c) If an event cannot take place due to restrictions imposed by public health orders or other similar government directives, the Customer will be entitled to request that the event is moved to a different date. Fernbank Farm will provide a list of alternative dates, but does not warrant that any dates specifically requested by the Customer will be available.

(d) Fernbank Farm will not impose any fees or charges for one change in date, but will require the Customer to pay any fees imposed by third party suppliers, staffing costs, hire costs etc due to the change in date.

(e) If the Customer decides to cancel their event despite alternative dates being available, clause 3 will apply unless otherwise agreed in writing by Fernbank Farm.

(f) If the Customer requests that the event is moved a second time, a new, non-refundable deposit will be required to secure a new date.

(g) If an event takes place during the COVID-19 pandemic, the Customer warrants that:

a. They will comply with, and ensure that all of their guests comply with, all government restrictions and recommendations in relation to the number of guests permitted to attend the event, social distancing and hygiene;

b. They will comply with, and ensure that all of their guests comply with, all reasonable requirements of Fernbank Farm in relation to COVID-19 safety, including but not limited to any COVID-19 plan that Fernbank Farm has in place from time to time;

c. They acknowledge that the COVID-19 pandemic can change rapidly, and any associated restrictions and recommendations may change without notice

d. Names and contact details of all guests attending the event must be provided to Fernbank Farm at least one (1) week prior to the event, and no person may attend the event unless their name and contact details were provided;

e. Any activities that may breach social distancing recommendations and requirements are not permitted

12 Limitation of Liability

(a) To the fullest extent permitted by law, the Customer agrees that the Fernbank Farm's liability under any other circumstances is limited to the amount paid by the Customer. Fernbank Farm does not have any liability to the Customer for any consequential or economic loss arising out of the provision of, or failure to provide, goods or services whether based on contract, tort, negligence, strict liability or otherwise.

(b) To the fullest extent permitted by law, the Customer agrees that Fernbank Farm does not accept any liability for loss, damage or injury to Property or persons.

(c) Fernbank Farm makes no representations about the suitability, reliability, availability or timeliness of any services, goods or use of the Property or Accommodation that is supplied to the Customer for any purpose.

13 Miscellaneous

(a) These Terms and Conditions are governed by, and are to be interpreted according to, the laws in force in the State of New South Wales. Fernbank Farm and the Customer submit to the non-exclusive jurisdiction of the courts operating in New South Wales.

(b) Any references to legislation or regulations includes any amending, replacing or supplementing legislation.