Terms & Conditions

1 GENERAL

These Terms and Conditions are designed to inform all guests entering the property Midginbil Eco Resort (Midginbil) of the risk, rules, expectations and procedures for the benefit of their stay and their personal safety.

2 DEFINITIONS

2.1.1 Midginbil – Midginbil Pty Ltd t/as Midginbil Eco Resort, located at 252 Midginbil Road, Midginbil NSW 2484, Australia with ABN number 79636001137.

2.1.2 Accommodation – Cabin, lodge room, Bunkhouse, camping, Glamping tents & bell tents.

2.1.3 Activities – Any activity facilitated by Midginbil staff such as, but not limited to: bushwalking, eco walk, night hike, archery, tennis, swimming, feeding animals, canoeing, raft building, obstacle course, team initiatives, by the creek, bush survivor, bush craft & bouldering.

2.1.4 Guest – Persons of any age entering Midginbil Eco Resort’s property for purposes in line with the products and services Midginbil offers. 2.1.5 Infant – Person aged 0-4 years

2.1.6 Child – Person aged 5 – 12 years

2.1.7 Adult – Person aged 13 and over

2.1.8 Infant for catering purposes – Person aged 0 – 2 years

SAFETY AND WELL BEING

4.1 Dam & Creek

4.1.1 Swimming, nature play, raft building & canoeing, use of jetty area are undertaken at your own risk or are led by one of our trained Outdoor Education Instructors. The dam and creeks on Midginbil’s property are unfenced. The dam and the creek vary in depth. Minors (children under the age of 18 years) are the sole responsibility of their parents/guardians, teacher and/or Midginbil Staff and must be supervised at all times.

Parents to be especially diligent in the close supervision of young children who are unable to swim.

4.1.2 The use of canoes require a life vest and must be led by one of our trained instructors according to Australian Adventure Activity Standards.

4.4 General

4.4.1 Abusive or violent behaviour towards staff or other guests, abuse of Midginbil Eco Resort staff, property, abusive language, intoxication, drug use, excessive littering, smoking in or close to buildings and failure to comply with directions may result in being asked to leave the property.

4.4.2 All roads and tracks are used by motor vehicles as well as pedestrians and cyclists. Please drive slowly and take care. Take note: the speed limit is 10km p/h on all internal roads.

4.4.3 Guests will be considerate with regard to noise levels and will comply with time limits and directions from Midginbil’s management. A reduction of noise is required after 10pm.

4.4.4 Midginbil is an extensive property. Midginbil’s property has uneven surfaces that may become slippery when it’s wet and difficult to see if it’s dark. Care is required when moving around the property and it is recommend that appropriate footwear is worn and that one torch per person is used when moving around during the night. Due to the foam in certain sandals and thongs, extreme cautions should be used if wearing these in the wet.

WATER

5.1.1 All taps are by default treated dam/bore water which is to standard of NSW Health.

6 CAMPFIRES IN OPEN CAMPFIRE PIT

6.1.1 Guests may enjoy a campfire at the communal firepit located near the barn/campground. An open campfire is only allowed in the designated firepit.

6.1.2 Campfires are subject to council regulations and are not permitted during times of Total Fire Ban. Midginbil Staff will notify campers if a Total Fire Ban is in place. Please ensure you check with Midginbil staff before lighting a fire.

8 EMERGENCY

8.1.1 In case of emergency all guests are to follow directions from Midginbil Staff. Please be aware of the nearest Emergency Assembly Area. Emergency Evacuation Maps are located in each accommodation type, excluding camping, as well as in all amenities blocks & shared buildings. Emergency Assembly Areas are clearly sign posted.

8.1.2 In case of flooding or fire Midginbil staff will direct you to safe ground. Please comply with all directives of Midginbil Staff and Emergency Service Personnel.

9 ACKNOWLEDGEMENT AND ACCEPTANCE OF RISK

9.1 General

9.1.1 Midginbil is a working farm which offers an experiential country experience complete with the risks which make this experience fun.

9.1.2 Minors fall under the legal duty of care of their guardians who can sign the liability waiver on their behalf. All other legal adults must sign the liability waiver prior to staying at Midginbil.

9.2 There is Liability Waiver to be signed by students parents/guardians attending school camp.

9.2.1 I acknowledge that by reason of the nature of activities in which I or my children/wards/partner may participate at Midginbil Eco Resort, there is a risk of injury, death or an adverse effect to any current or past medical conditions. As such I acknowledge and agree that I and my children/wards/partner engage in activities on the site, at the my/their own risk. I give Midginbil Eco Resort authority, at the sole discretion of Midginbil Pty Ltd, to obtain medical and ambulance assistance on behalf of the guest in the case of injury, death or ill health while on site and communicate with my next of kin or emergency contacts as may be required.

9.2.2 In staying at Midginbil Eco Resort, I agree as follows: I fully understand and acknowledge that staying at Midginbil Eco Resort and participating in its activities includes risks, dangers, and hazards which may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that, could cause serious disability or aggravate current and/or past medical conditions. I hereby assume all risks and dangers and all responsibility for any losses and/or damages. Updated: 15th December, 2020 Terms & Conditions of Midginbil Pty Ltd t/as Midginbil Eco Resort Clause 9.2.3 I, on behalf of myself, my children, wards, personal representatives and any other heirs, hereby voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Midginbil Eco Resort and all its staff from any and all claims, actions or losses as a result of bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of participation in all activities while on the premises. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have presently or in the future against Midginbil Eco Resort.

Terms & Conditions for Functions and Events – this is provided to the “hirer” of which they are to inform their guests:

Please note payment of the deposit and completing the “booking hire & agreement” form, constitutes acceptance of these terms and conditions.

CONFIRMATION OF BOOKING Tentative bookings or holding of date(s) can only be held for up to 7 days. Once this period has lapsed, Midginbil Eco Resort reserves the right to release the tentative reservation.

ARRIVAL/DEPARTURE Standard arrival time is 2:00 pm and standard departure time is 12am, unless otherwise organised with the resort. There are different departure times for school camps, weddings, groups & holiday stays. Please check with administration or on your booking email.

MISCONDUCT The Client, guests and any other person attending the function are financially responsible for any damage sustained during the duration of a stay.

Midginbil Eco Resort reserves the right to exclude or eject any person for misconduct from the function or the premises without liability.

To the maximum extent permitted by law  The Client shall indemnify, and keep indemnified Midginbil Eco Resort from and against all and any action claims, demands, losses, damages, costs and expenses for which Midginbil Eco Resort shall or may become liable  in respect of, or arising from the death of, or injury to, any person or loss of, or damage to, the property of any person arising from, or out of any misconduct, negligence, error, omission or forgetfulness on the part of The Client(or any invitee of The Client) whatsoever, howsoever arising.

PHOTOGRAPHS The Client(s) hereby allow(s) Midginbil Eco Resort to display any photographs taken on premises, and to generally promote the business in advertising, brochures, magazine articles, websites, sample albums etc.

PAYMENT It is the policy of Midginbil Eco Resort that FULL PAYMENT including Outstanding Balance and Security Bond — be made 14 days prior to your arrival date. Any extras incurred can be deducted from your initial deposit/bond. Policies vary for booking types. Please make yourself aware of these policies.

PRICES All prices quoted are inclusive of GST. Prices are correct at the time of printing and are subject to change without notice. However, any change in price will be communicated wherever possible.

CONFIRMATION OF GUEST NUMBERS For Planning and Emergency Procedures — Final guest attendance numbers must be notified to Midginbil Eco Resort in writing, a minimum of 3 weeks prior to your wedding/Function.

CONDUCT/TERMINATING THE OCCUPANCY Midginbil Eco Resort reserves the right to terminate the occupancy without notice for breach of the General Conditions for Hire or Terms + Conditions. Midginbil Eco Resort Staff are empowered to act as deemed necessary for the proper conduct of the stay.

CANCELLATIONS In the event of a cancellation by Midginbil Eco Resort the hirer shall be entitled to a full refund of all monies paid, excluding the initial deposit of $1000.00. This is to cover any costs incurred prior to the wedding by Midginbil Pty Ltd.

All cancellations are required to Midginbil Eco Resort in writing. Wedding/Function bookings that terminate their booking with more than 260 days (9 months) prior to arrival, will be refunded the initial deposit paid — less a $200 administration fee. Wedding/Function bookings that terminate their booking within 260 days (9 months) of arrival, will forfeit their entire Deposit.

Where a Wedding/Group Booking terminates their booking less than 180 days (6‑months) prior to arrival, the hirer will forfeit their initial $1000.00 deposit and venue hire fee, which is due 6 months prior to arrival.

Where a Wedding/Group Booking terminates their booking less than 90 days (3‑months) prior to arrival, the hirer is liable for full payment of the “minimum charge” as specified in the wedding information package. The minimum depends on the seasonal rate for the time of year of the booking.

Once the hirer has been invoiced for final numbers, 2 weeks prior to the arrival date for their wedding/event, there are no refunds given. Please ensure your guests are aware of this cancellation policy.

In the event of extreme weather and the wedding party and their guests not being able to access the property from the first Midginbil Road creek crossing from checkin time at 2pm on the day of arrival, Midginbil Pty Ltd will refund accommodation paid by the wedding couple and their guests & the initial deposit. Midginbil Pty Ltd will retain the venue hire fee and catering paid by the wedding couple and their guests.

CONFETTI + SPARKLERS The use of Sparklers is only permitted outdoors & on days/times of year that local RFS Regulations allow (low fire danger days). Out of respect for the environment, Midginbil does not permit the use of confetti, metal scatters, glitter, rice or similar items. An acceptable alternative would be rose petals, but must be removed at the end of the event or biodegradable confetti.

CANDLES / NAKED FLAMES The use of candles are permitted, but must all candles must be extinguished at the end of the event.

SMOKING Smoking is only allowed in allocated areas, never indoors. All cigarettes must be disposed of in ashtrays provided. Failure to comply will result in additional cleaning charges.