TERMS & CONDITIONS - PERFECT PROPOSAL

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, or entity booking the Perfect Proposal event at Fernbank Farm.
(c) "Fernbank Farm" refers to Fernbank Farm Holdings Pty Ltd (ACN 152 636 345).
(d) "Property" refers to 756 Yarramalong Road, Wyong Creek NSW 2259, or any part thereof, and includes all fittings and chattels owned by Fernbank Farm.
(e) "Perfect Proposal" refers to the event booked by the Customer for the purpose of proposing to their partner.
(f) "Vendor" means any third-party service provider, including but not limited to photographers, florists, and caterers, engaged by Fernbank Farm on behalf of the Customer.

2. Bookings and Payment

(a) The booking fee provided in your booking documentation must be paid at the time of booking to secure your date for the Perfect Proposal. This fee is non-refundable.
(b) Fernbank Farm will not guarantee availability of your preferred date until the booking fee is paid in full.
(c) If the booking fee is not received within seven (7) days of the booking, the reservation will be deemed cancelled.
(d) Fernbank Farm will manage the booking of vendors (e.g., photographers, florists) for the event based on the Customer's requirements. The Customer agrees to pay a deposit that covers the cost of these vendors as stipulated in their respective terms and conditions.
(e) The vendor deposit is non-refundable and is subject to the individual vendor's cancellation and refund policies. Fernbank Farm is not responsible for vendor-specific refunds or deposit returns.
(f) Full payment of the balance for the event, including all vendor fees, must be made at least thirty (30) days before the event.
(g) If the invoice is not paid in full by fourteen (14) days prior to the event, Fernbank Farm reserves the right to cancel the booking, retaining any payments made, including deposits.

3. Vendor Payments & Responsibilities

(a) Fernbank Farm will engage third-party vendors on behalf of the Customer. The Customer acknowledges that each vendor has unique terms regarding deposits, cancellations, and refunds, which will be disclosed at the time of booking.
(b) If a vendor requires a deposit, this amount will be included in the total deposit payable to Fernbank Farm.
(c) The Customer is responsible for any changes, cancellations, or additional costs incurred as a result of vendor-specific terms.
(d) If the Customer cancels or reschedules the event, any refund of vendor deposits is governed by the respective vendor's policies.

4 Cancellation Policy

(a) If the Perfect Proposal booking is canceled more than three (3) calendar months prior to the event, Fernbank Farm will retain the booking fee and any vendor deposits.
(b) Cancellations within three (3) months but more than one (1) month prior to the event will result in Fernbank Farm retaining all monies paid, unless the date is resold at an equal or higher value.
(c) Cancellations within thirty (30) days of the event will result in forfeiture of all payments, including vendor deposits.
(d) In the event of a cancellation by Fernbank Farm for reasons of convenience (excluding non-payment), a full refund will be provided.
(e) Any cancellation or rescheduling of the event by the Customer will be subject to the terms of each individual vendor, and any additional costs or penalties will be the responsibility of the Customer..

5. Event Duration & Use of Property

(a) The Perfect Proposal event is typically limited to two (2) hours; however, the exact duration will be negotiated based on the specific needs of the event and agreed upon at the time of booking.
(b) All rubbish must be removed or placed in the designated bins provided.
(c) Smoking is permitted only in designated areas, and fines will apply for littering.
(d) Alcohol consumption must be responsible, and Fernbank Farm reserves the right to stop service if deemed necessary.

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

(f) 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.

(g) 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.

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

(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. 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.

(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.

6. Inclusions

(a) Fernbank Farm will provide event styling from its Styling Store in consultation with the Customer. However, availability of items is not guaranteed.
(b) If specific styling elements are unavailable, Fernbank Farm will provide suitable alternatives where possible.

7. Accommodation

(a) Accommodation can be booked separately in the Heritage House or the Cottage. A two-night minimum stay may apply depending on the season.
(b) Additional guests beyond the maximum number permitted per accommodation will incur extra charges.

(c) 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 proposal, Fernbank Farm will use all reasonable endeavours to ensure the comfort and smooth facilitation of the event.

9 Use of 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.

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.