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.

(c) "Fernbank Farm" means Fernbank Farm Holdings Pty Ltd (ACN 152 636 345).

(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)  A deposit of $2,000 plus GST must be paid at the time of booking to reserve your date.

(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.

(c)  If the deposit is not received within seven (7) days of booking, the booking will be deemed to be cancelled.

(d)  The Accommodation must be paid for in full by the earlier of:

                i. Three (3) months after the deposit is paid; and

               ii. Sixty (60) days prior to the Wedding.

(e)  A further payment of at least thirty percent (30%) of the cost of the Wedding must be paid at least sixty (60) days prior to the Wedding.

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

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

(h)  All Weddings must include Accommodation in both the Heritage House and the Cottage for a minimum of two (2) nights and in accordance with clause 6.

(i)   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 and currently sits at 1.5%.


3 Cancellation Policy

(a)  Accommodation bookings cannot be cancelled without approval from Fernbank Farm.

(b)  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 reimburse all monies paid by the Customer, less an administration fee of $250.

(c)  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 50% of the Deposit and an administration fee of $250, but will otherwise return the balance of the monies paid by the Customer.

(d)  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.

(e)  However, if the Customer has not made alternative arrangements to pay for the Accommodation booking, no part of the Deposit will be refunded.

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

(g)  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.

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

(i)   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.

(j)   Changes by the Customer to the date or time of a Wedding may be treated by Fernbank Farm as a cancellation and re-booking.

(k)  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 $500 per hour (or part thereof) is payable.

(c)  Last drinks must be called by 10:15pm, and all bar facilities must close at 10:30pm.

(d)  All music and sound of any nature must cease at 10.30pm due to the Licence that governs the property.

(e)  All guests who are not staying in the Accommodation must depart by no later than 11.30p.m..

(f)   Any buses that have been arranged to transport guests are not permitted on the Property any later than 10:45pm.

(g)  The front gate will be locked at 12 midnight 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.

(h)  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.  The Customer must use the approved Bar Supplier and is not permitted to supply their own Bar Staff.

(i)  The Customer is responsible for providing portable toilet facilities, and Fernbank Farm's Preferred Supplier is Luxury Portable Toilet Facilities or Lavish Loos. 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.

(j)  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.

(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, Fernbank Farm may engage security guards to take the appropriate action, including but not limited to removing guests from the Property. The costs of any security guards is to be borne by the Customer


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.

(c)  The maximum number of guests permitted in the Cottage is 10 adults.

(d)  Accommodation is provided at a set price per house, per night, up to the maximum number of guests.

(e)  The rate per house for 2017 is $990 plus GST per night. The rate per house for 2018 is $1100 plus GST per night.

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

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

(h)  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 $250 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 at no additional cost, and Fernbank Farm will provide every assistance reasonably possible to reconvene suppliers and guests.


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 site by the Customer by the end of the Wedding, unless otherwise agreed with Fernbank Farm. If Fernbank Farm is requested or required to remove rubbish from the Property, a fee of $250 plus GST is payable.

(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 10:30pm, all music must cease and guests must keep all noise to a minimum and keep all doors closed.

(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 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.


12 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.

(c)  Unless otherwise agreed in writing, prices are subject to change