These Terms and Conditions (“Terms”) govern all bookings made with HD Farm Pty Ltd (ABN 97 688 588 669), for accommodation and related recreational services at Mandalay Park Farmstay, located at 1269 Dooralong Road, Dooralong NSW 2259, Australia (“the Property”). By making a booking, whether directly or through a third-party platform, you (the “Guest”, and any accompanying persons) agree to be bound by these Terms, our House Rules (as provided prior to or upon check-in), and any applicable laws.

In these Terms, “We”, “Our” or “Us” means HD Farm Pty Ltd (ABN 97 688 588 669) and its associated directors and employees. “You” or “Your” means you as a Guest.
1 Definitions and Interpretations

1.1 In this Terms (including the recitals), unless the context otherwise requires:

“Accommodation” means the room(s), cottage(s), or dwelling(s) specified in your Booking Confirmation;
“Activities” means the recreational services offered or permitted at the Property, including but not limited to animal feeding, farm tours, horse riding or lead-line walks, children’s ATV rides, adult UTV tours (where available), walking trails, swimming, and use of the fire pit or BBQ (where permitted);
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010;
“Booking Confirmation” means our written confirmation (email or otherwise) specifying dates of stay, number of occupants, rates, charges, Bond amount, and any special conditions;
“Bond” means a refundable security deposit as stated in the Booking Confirmation.
“Business Day” means any day except a public holiday or a Saturday or Sunday in Sydney NSW;
“Force Majeure” has the meaning given to it in Clause 14.2.
“House Rules” means the Property-specific rules concerning safety, noise, fires, smoking, parking, gates, biosecurity, waste disposal, and animal interaction, provided before or at check-in.
“Party” means the Operator and the Guest.
“Property” means the Mandalay Park Farmstay, located at 1269 Dooralong Road, Dooralong NSW 2259, Australia, including all buildings, common areas, paddocks, arenas, round yards, wash bays, sheds, yards, and outdoor facilities.

1.2 In this Terms, unless the context otherwise requires:

(a) headings are for convenience only and do not affect its interpretation or construction;
(b) the singular includes the plural and vice versa;
(c) references to recitals, clauses, subclauses, paragraphs, annexures or schedules are references to recitals, clauses, subclauses, paragraphs, annexures and schedules of or to this Terms;
(d) words importing a gender include other genders;
(e) the word “person” means a natural person and any association, body or entity whether incorporated or not;
(f) where any word or phrase is defined, any other part of speech or other grammatical form of that word or phrase has a cognate meaning;
(g) a reference to any statute, proclamation, rule, code, regulation or ordinance includes any amendment, consolidation, modification, re enactment or reprint of it or any statute, proclamation, rule, code, regulation or ordinance replacing it;
(h) “includes” is not a word of limitation;
(i) no rule of construction applies to the disadvantage of a Party because this Terms is prepared by (or on behalf of) that Party;
(j) a reference to any thing is a reference to the whole and each part of it;
(k) a reference to a group of persons is a reference to all of them collectively and to each of them individually; and
(l) a reference to a document includes all amendments or supplements to, or replacements or novations of, that document.

1.3 In the event of any inconsistency between these Terms and the Booking Confirmation, the Booking Confirmation shall prevail to the extent of the inconsistency.

2 Booking and Payment

2.1 Your submission of a booking request constitutes an offer to acquire accommodation on the terms set out herein, and a binding contract shall only come into existence upon our issuance of a written Booking Confirmation.

2.2 Notwithstanding clause 2.1, You may not accept the Terms if:

(a) You are not of legal age to form a binding contract; or
(b) You are a person barred from entering into contracts:
(i) under Australian legislation; or
(ii) under legislation for the time being applicable to You.

2.3 A deposit equal to fifty percent (50%) of the total accommodation charges specified in the Booking Confirmation must be paid at the time of booking. The remaining balance of the accommodation charges is due no later than fourteen (14) days prior to the scheduled check-in date. In the case of any booking made fewer than fourteen (14) days before the scheduled check-in date, the full amount of the accommodation charges is payable at the time of booking. Should the Guest fail to pay the outstanding balance by the due date, we reserve the right to treat the booking as cancelled in accordance with Clause 3. Or change this clause to [The full amount of the accommodation charges specified in the Booking Confirmation must be paid at the time of booking. No partial payments or deposits are accepted. Should the Guest fail to complete full payment at the time of submitting the booking request, the reservation will not be confirmed and maybe cancelled.]

2.4 A refundable security deposit, referred to herein as the “Bond”, may be required as a condition of the booking. We may deduct from the Bond such fair, reasonable, and itemised amounts as are necessary to cover:

(a) damage to the Accommodation, its furnishings, or fixtures caused by the Guest or their invitees;
(b) the cost of replacing missing items;
(c) excessive cleaning beyond ordinary wear and tear;
(d) fees incurred due to noise-related call-outs by police or security services;
(e) late check-out without prior written approval; or
(f) any unpaid charges arising from the Guest’s breach of these Terms.

Any unapplied portion of the Bond will be refunded to the Guest within seven to ten (7–10) Business Days following check-out.

2.5 You authorise us to debit your credit card for the fees and/or Bond in accordance with clause 2.3 or clause 2.4, whichever is applicable.

2.6 We use a third-party banking merchant to process payments of any fees and Bond and, in these circumstances, Your use of these payment facilities may be subject to the terms and conditions of the third-party banking merchant.

3 Changes, Cancellations and Third-Party Bookings

3.1 If the Guest cancels the booking:

(a) within twenty-four (24) hours of making the booking and the scheduled check-in date is at least fourteen (14) days following the date of the cancellation, the Guest shall be entitled to a full refund of all prepayment paid (other than any credit card surcharges if the prepayments were made by credit card);

(b) more than twenty-four (24) hours of making the booking and the scheduled check-in date is at least fourteen (14) days following the date of the cancellation, unless otherwise agreed by the Operator, the Guest shall be entitled to a refund of fifty percent (50%) of prepayment paid (other than any credit card surcharges if the prepayments were made by credit card);

(c) fewer than fourteen (14) days prior to the scheduled check-in date, or in the event of a no-show or early departure, no refund shall be provided (unless otherwise agreed by us).
Notwithstanding the foregoing, we will use reasonable endeavours to rebook the cancelled dates, and if we are successful in doing so, we will refund the Guest an amount equivalent to the rebooked portion of the stay, less any reasonable administrative or rebooking costs incurred by us.

3.2 Your rights to cancel your booking will always be subject to Australian Consumer Law guarantees and you may cancel your booking at any time if the service provided by us fails to meet such guarantees.

3.3 Any requests to change the dates of a booking are subject to availability and any difference in the applicable rates for the new dates. An administration fee may be charged for such changes, provided that such fee is disclosed to the Guest prior to confirmation and is reasonable in amount. No administration fee shall apply where the Guest exercises a statutory right under the Australian Consumer Law, such as in the case of a major failure in the supply of services

3.4 We reserve the right to cancel a booking where circumstances beyond our reasonable control render it unsafe, impracticable, or unlawful to provide the accommodation or related services, including but not limited to bushfire, flood, severe weather events, government orders, public health directives, or utility outages. In such circumstances, the Guest will be contacted as soon as practicable and the Guest may elect to receive either:

(a) a full refund of the amounts paid for any unperformed services; or
(b) a credit note valid for twelve (12) months from the original check-in date.

The above entitlement is in addition to any rights the Guest may have under the Australian Consumer Law.

3.5 Where a booking is made through a third-party platform (such as Airbnb, Booking.com, or similar), the cancellation and refund policies of that platform may apply to the financial aspects of the transaction. However, these Terms, including the House Rules, safety obligations, liability provisions, and conduct expectations, shall apply to the Guest’s stay at the Property to the extent they are not inconsistent with the platform’s terms.

4 Check-In, Check-Out, Occupancy and Visitors

4.1 Check-in is available from 2:00 pm on the scheduled arrival date, and check-out must be completed by 10:00 am on the scheduled departure date, unless alternative arrangements have been agreed to in writing by us in advance. Should the Guest request a late check-out and such request is approved, a reasonable and disclosed fee may be charged for the extended use of the Accommodation.

4.2 The maximum number of occupants permitted in the Accommodation is as specified in the Booking Confirmation, and this limit must not be exceeded under any circumstances. Overnight visitors are strictly prohibited unless prior written consent has been obtained from us. Day visitors may be permitted subject to our prior approval, and we reserve the right to refuse entry to, or require the immediate departure of, any visitor where their presence results in overcrowding, nuisance, safety concerns, or breach of these Terms.

4.3 The Property is operated as a quiet rural farm-stay and is not intended for commercial events, large gatherings, or public functions. Accordingly, the hosting of parties, weddings, corporate events, commercial photo or film shoots, or any other organised group activity is expressly prohibited unless the Guest has entered into a separate, written venue hire agreement with us. Furthermore, the Guest must not sublet the Accommodation or list it on any short-term rental platform without our prior written authorisation.

4.4

4.5 Registered farm-stay guests may host daytime celebrations (such as birthdays, family gatherings or similar occasions) by prior written notice to the Operator. Such celebrations must:

(a) be held exclusively within the designated shed activity room (which features table tennis, a projector, and other amenities);
(b) unless otherwise agreed by the Operator, take place during daylight hours only (commencing no earlier than 9:00 am and concluding no later than 7:00 pm), and must not extend into evening or night hours;
(c) be limited to a reasonable number of attendees, with any attendee who is not a registered farm-stay guest (the “External Attendee”) be pre-approved by the Operator. The Guest acknowledges that the Operator may charge a per-person fee or other additional charge for such External Attendees to cover cleaning, facility use, or administrative costs;
(d) strictly adhere to the agreed start and end times, with all attendees departing the Property promptly at the conclusion of the event; and
(e) be followed by a clean-up by the Guest, including removal of all rubbish.

4.6 The shed activity room and surrounding areas may be hired separately for weddings, private events, or group functions under a separate venue hire agreement. Such bookings are independent of farm-stay accommodation and subject to availability.

4.7 All celebrations must respect the rural setting and neighbouring properties. Excessive noise, shouting, or use of amplified sound systems at any time is prohibited. Breach of noise conditions may result in immediate termination of the event or stay, forfeiture of fees, and/or deduction of a noise management fee (e.g., AUD $500 per incident) from the Bond or security deposit.

4.8 Upon check-out, the Guest must leave the Accommodation in a reasonably tidy condition, having removed all personal belongings and disposed of general waste in the designated bins provided. The Guest shall ensure that all spills are cleaned, dishes are washed or loaded into the dishwasher and the cycle commenced, and all surfaces are left free of food residue or excessive soiling beyond normal wear and tear associated with reasonable use.

4.9 A fixed cleaning fee, as disclosed at the time of booking, will be applied to all stays. In the event that the Accommodation is left in a condition that requires cleaning beyond ordinary use, such as the presence of stains, excessive dirt, unwashed laundry, unemptied bins, or other unsanitary conditions, we reserve the right to charge an additional cleaning fee calculated at a reasonable hourly rate, based on the time required to restore the Accommodation to its standard condition. The Guest will be provided with an itemised breakdown of any such charges upon request.

4.10 The Guest is responsible for any loss or damage to the Accommodation, its fixtures, fittings, furnishings, or equipment caused by the Guest or their invitees through negligence, misuse, or breach of these Terms. We will only charge amounts that are fair, reasonable, and directly attributable to the cost of repair or replacement, supported by quotes or invoices where practicable. An itemised statement of any deduction from the Bond or additional invoice for damage will be provided to the Guest within ten (10) Business Days of check-out.

5 Farm Environment, Safety and Biosecurity

5.1 The Guest acknowledges that the Property is an active working farm and that inherent hazards are present throughout the premises. Such hazards may include, but are not limited to: uneven or slippery ground; open water bodies such as dams, ponds, irrigation channels or other unfenced or accessible water features on the Property; areas identified as flood zone or subject to periodic flood during heavy rainfall or storm events; livestock and equine animals; wildlife (including snakes, insects, and birds); electric fencing (including an energised fence adjacent to the large activity shed, which is clearly marked with prominent warning signage); agricultural machinery and equipment; stored feed or chemicals; and natural allergens such as pollen, dust, or animal dander. The Guest agrees to exercise constant vigilance, supervise accompanying persons (particularly children), and comply with all safety signage, verbal instructions from staff, and published House Rules at all times while on the Property.

5.2 The Guest must not enter any area of the Property that is clearly marked as “Private”, “Staff Only”, “No Entry”, or otherwise restricted without our prior written permission. Under no circumstances may the Guest open internal or perimeter gates, alter fencing, enter animal enclosures, handle livestock or feed stores, or operate, move, or interfere with any farm machinery, tools, vehicles, or storage facilities. Tampering with infrastructure, including water troughs, electrical systems, or biosecurity barriers, is strictly prohibited and may result in immediate termination of the stay and liability for any resulting damage or biosecurity breach.

5.3 To ensure the health and safety of both animals and guests, the Guest must not feed any animal on the Property with food brought from outside or not expressly provided by us. Feeding is permitted only at designated times, in approved locations, and using feed supplied by our staff. All food waste, packaging, and personal items must be securely disposed of in designated bins to prevent ingestion by animals, which could result in serious injury or death. The Guest must not attempt to pet, ride, or interact with animals unless explicitly invited and supervised by authorised personnel.

5.4 Children under the age of eighteen (18) must be under the continuous and active supervision of a responsible adult at all times while on the Property. This requirement is especially critical in proximity to animals, enclosures, farm roads, vehicles, water bodies (including dams, pools, and troughs), elevated structures (such as decks, steps, or hay lofts), and electric fencing. The Guest accepts full responsibility for the safety and conduct of any minors in their care.

5.5 The Guest acknowledges that the Property is shared with farm staff, agisted horse owners, and other authorised users. As such, the Guest may observe routine farming operations, equestrian activities, or maintenance works during their stay. While we endeavour to minimise disruption and protect guest privacy, the rural and operational nature of the Property means that some ambient noise, movement, or activity is to be expected. The Guest agrees to respect the working character of the farm and refrain from interfering with legitimate operations.

5.6 The Guest agrees to comply with all reasonable biosecurity measures implemented under the Biosecurity Act 2015 (NSW), including but not limited to vehicle and footwear wash-down protocols, movement record declarations for guest horses, and restrictions on the introduction of external feed or plant material. Further, the Guest undertakes to act in accordance with the principles of the Work Health and Safety Act 2011 (NSW) by avoiding unsafe acts, reporting hazards (such as broken fencing, exposed wiring, or aggressive animals) immediately to staff, and following all safety directions. Failure to comply with these obligations may result in restriction of access, removal from the Property, or liability for costs arising from biosecurity breaches or incidents.

6 Use of Facilities

6.1 Where a swimming pool is provided, its use is restricted to registered Guests only. Glass containers of any kind are strictly prohibited in the pool area. All children under the age of eighteen (18) must be under the active, continuous supervision of a responsible adult while in or near the pool. Should glass be broken in the pool area, necessitating closure, draining, or specialised cleaning, the Guest shall be liable for the reasonable costs associated with such remediation.

6.2 Guests may only use designated fire pits or barbecue equipment in the locations specified by us. Open fires on grass, paddocks, or other vegetated areas are strictly forbidden. Fires must not be lit during periods of Total Fire Ban or when the Fire Danger Rating is declared as “Very High” or above by the relevant authorities. All fires must be completely extinguished with water before being left unattended.

6.3 The Property relies on rainwater tanks and off-grid or limited-grid power systems. Guests are expected to use water and electricity responsibly. This includes avoiding unnecessary use of hoses, taking showers of reasonable duration, and turning off lights and appliances when not in use.

6.4 Only human waste and the toilet paper provided by us may be flushed down toilets. Sanitary products, wet wipes, nappies, paper towels, or any other foreign objects must not be disposed of in the plumbing system. Any blockage, overflow, or damage resulting from improper use of the septic system may result in a charge to the Guest for the reasonable cost of repair or remediation.

6.5 In any Accommodation unit designated as “no open-flame cooking”, the use of gas stoves, solid-fuel burners, or any other open-flame cooking devices is prohibited. Only electric appliances explicitly permitted for use in the unit, such as microwaves, kettles, or coffee machines, may be operated by the Guest.

6.6 All bed linen and towels provided by the Operator are laundered and maintained to a high standard of cleanliness. While we strive to present the Accommodation consistently with marketing materials, the colour, pattern, or style of linen may vary from time to time due to regular replacement, seasonal updates, or operational requirements. The Guest acknowledges that such variations do not constitute a breach of these Terms or a failure to meet advertised standards, provided the linen remains clean, functional, and in good condition.

6.7 Request for extra beds and additional linen must be made at the time of booking or as early as possible and are subject to availability at the Operator’s sole discretion. Where such requests are approved, the Operator may charge a reasonable additional fee to cover the cost of provision, cleaning and maintenance.

7 Activities and Animal Interactions

7.1 Activities (e.g., animal feeding, lead-line horse walks, riding lessons, ATV/UTV rides) require advance booking and are subject to weather, animal health, and safety considerations. They may be modified or cancelled at short notice.

7.2 All participants must follow staff instructions and wear required protective equipment (e.g., helmets). We may impose reasonable age, weight, or competency limits for safety. Accurate information must be provided by the participant.

7.3 Horse-related activities require execution of our “Horse Riding Consent and Waiver”. Any ATV/UTV Activities require helmet use and compliance with our ATV/UTV safety rules. Any participation by minors of these activities require guardian consent and supervision.

7.4 We may refuse or cease participation for safety, health, or behavioural reasons. Fees will be handled in accordance with the activity description and applicable law.

8 Vehicles and Parking

8.1 All vehicles must be driven slowly and with due care on farm roads, driveways, and access tracks, with particular attention to the presence of children, animals, farm vehicles, and other guests. Parking is permitted only in designated areas clearly marked for guest use. Under no circumstances may vehicles be parked so as to obstruct gates, emergency access routes, fire hydrants, or service pathways. Driving on paddocks, grassed areas, or non-vehicular tracks is strictly prohibited without our prior written permission. Guests must not climb on, hang from, or tamper with gates, fences, or agricultural infrastructure.

9 Smoking, Alcohol and Prohibited Substances

9.1 Smoking and vaping of any kind are strictly prohibited inside all buildings, including Accommodation units, communal areas, and covered outdoor structures. Additionally, smoking is not permitted in any area designated as a no-smoking zone, including but not limited to the vicinity of the swimming pool, fuel storage areas, and near animal enclosures. Any breach of this clause may result in a reasonable deodorising and deep-cleaning fee, which will be deducted from the Bond or invoiced separately, reflecting the actual cost of remediation.

9.2 The possession, use, distribution, or sale of illegal drugs or controlled substances on the Property is strictly forbidden. Any violation of this provision constitutes a material breach of these Terms and may result in the immediate termination of the Guest’s stay without refund, potential reporting to law enforcement authorities, and liability for any resulting costs or damages.

10 Pets and Guest Horses

10.1 Due to the operational nature of the Property as an equine facility and the constraints of our insurance coverage, domestic pets (including dogs, cats, and other companion animals) are not permitted on the Property unless expressly authorised by us in writing prior to arrival. Any such approval will be subject to specific conditions, including confinement requirements, supervision obligations, and the payment of a non-refundable pet fee. Unauthorised pets brought onto the Property will result in immediate removal of the animal and may incur additional cleaning or biosecurity charges.

10.2 Guests who bring their own horses (“BYOH Guests”) must comply with all applicable biosecurity and animal welfare requirements under the Biosecurity Act 2015 (NSW) and any relevant state or local regulations. This includes providing current vaccination records (notably for Hendra virus and strangles, where applicable), completing a movement declaration, and adhering to our wash-down and quarantine protocols upon arrival. BYOH Guests must also sign the “Horse Riding Consent and Waiver” prior to using any equestrian facilities. While on the Property, the Guest remains solely responsible for the care, control, behaviour, and safety of their horse at all times. Manure must be collected and disposed of in designated manure bays or as directed by staff. Failure to comply with these requirements may result in restrictions on facility use or, in serious cases, removal of the horse from the Property at the Guest’s expense.

11 Risk Warnings, Statutory Guarantees and Limitation of Liability

11.1 The Guest acknowledges that participation in any activity offered at or in connection with the Property, including but not limited to animal feeding, horse handling or riding, lead-line walks, children’s ATV rides, adult UTV tours, farm tours, and use of recreational facilities, involves inherent and obvious risks of physical harm, serious personal injury, illness (including zoonotic disease), psychological distress, property damage, or death. Such risks arise from the unpredictable nature of animals, variable terrain, weather conditions, equipment use, and other environmental factors beyond our reasonable control. The Guest agrees to participate in all such activities voluntarily, at their own risk, and undertakes to comply strictly with all safety instructions, signage, and directions issued by our staff.

11.2 Nothing in these Terms excludes, restricts, or modifies any rights, remedies, or guarantees that are conferred on the Guest under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, which cannot be lawfully excluded. To the extent permitted by law, where we are liable for a failure to comply with a consumer guarantee in relation to the supply of accommodation or recreational services, our liability is limited, at our option, to:

(a) in the case of services, the resupply of those services; or
(b) the payment of the cost of having the services resupplied.

11.3 To the fullest extent permitted by law, we exclude, limit, and modify our liability for death, personal injury, or property damage arising from the provision of recreational services, whether such liability arises in contract, tort (including negligence), equity, statute, or otherwise. Nothing in this clause operates to exclude, restrict, or modify any liability that cannot be lawfully excluded under applicable legislation.

11.4 To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, or consequential loss or damage, including but not limited to loss of enjoyment, loss of profit, business interruption, or emotional distress. Any indemnity provided by the Guest in favour of us shall be limited to losses, damages, or liabilities to the extent caused or contributed to by the Guest’s breach of these Terms, negligent conduct, or unlawful act, and shall not extend to any loss or damage arising from our own negligence, wilful misconduct, or breach of a non-excludable statutory obligation.

12 Privacy, Surveillance and Media Use

12.1 We collect, use, and disclose personal information in accordance with the Privacy Act 1988 (Cth) and our published Privacy Policy. Personal information is collected only for purposes directly related to the management of your booking, the provision of accommodation and recreational services, ensuring safety and security, and complying with legal obligations. You may request access to or correction of your personal information by contacting us in writing.

12.2 For the purposes of safety, security, and the protection of persons and property, closed-circuit television (CCTV) surveillance may be in operation in public and common areas of the Property, including driveways, entrances, and outdoor recreation zones. CCTV is not installed in private areas such as bedrooms, bathrooms, or inside Accommodation units. Recordings may be accessed only by authorised personnel and disclosed only as required by law or for legitimate investigative purposes.

12.3 We will not use any photograph, video, audio recording, or other media depicting you or members of your party for marketing, promotional, archival, training, or any other purpose without your prior express written consent. Such consent, if given, may be withdrawn at any time by providing written notice to us, and any such withdrawal shall apply prospectively only. The terms governing the scope, duration, and permitted uses of such media are set out in “Annexure – Photo and Media Consent”, which is incorporated into these Terms by reference.

13 Termination of Stay

13.1 We may terminate the Guest’s stay immediately, or after providing a reasonable opportunity to remedy the breach where appropriate, if the Guest:

(a) materially breaches these Terms or the House Rules;
(b) engages in conduct that poses a serious risk to the safety, health, or well-being of other guests, staff, animals, or property;
(c) causes significant nuisance or disturbance; or
(d) violates any applicable law.

In the event of such termination, any unused portion of prepaid accommodation charges will be refunded to the Guest, less any fair and reasonable costs incurred by us as a direct result of the Guest’s breach, including but not limited to cleaning, repair, security, or rebooking expenses.

13.2 The Guest may terminate their stay early and seek a refund of unused prepaid amounts where:

(a) we have committed a major failure in the supply of services as defined under the Australian Consumer Law; or
(b) we have materially breached these Terms and failed to remedy such breach within a reasonable time after receiving written notice from the Guest specifying the nature of the breach.

Any refund granted under this clause will be calculated in accordance with the Australian Consumer Law and relevant principles of fairness and reasonableness.

14 Force Majeure

14.1 If, by reason of any event of Force Majeure which was outside the control of a Party results in the delay of, or prevention from, performing any of the provisions of this Terms:

(a) then such delay of performance shall not be deemed to be a breach of this Terms;
(b) no loss or damage shall be claimed by the other Party from the other by reason thereof; and
(c) the Parties shall use their best endeavours to minimise and reduce any period of suspension occasioned by any event of Force Majeure.

14.2 An event of Force Majeure shall mean and include fire, flood, casualty, lock out, strike, labour condition or industrial action of any kind, unavoidable accident, national calamity or riot, disease, act of God, the enactment of any act of Parliament or the act of any legally constituted authority, any cause or event arising out of or attributable to war or any other cause or event (whether of a similar or dissimilar nature), outside the control of the Parties.

15 Amendments and Policy Updates

15.1 We reserve the right to amend these Terms and associated policies (including House Rules and Privacy Policy) from time to time to reflect changes in operational requirements, legal obligations, or safety standards. Any revised Terms will apply to bookings made after the date of publication of the updated version. For existing bookings, we will not implement any change that materially disadvantages the Guest unless such change is required by law, mandated by a government authority, or necessary to address an imminent safety or biosecurity risk. In such exceptional circumstances, we will provide the Guest with prompt notice of the change and offer a reasonable remedy, which may include the option to cancel the booking without penalty and receive a full refund of prepaid amounts or a credit valid for twelve (12) months.

16 Dispute Resolution

16.1 In the event of any concern, complaint, or dispute arising in connection with the Guest’s stay, the provision of accommodation, recreational services, or any other matter governed by these Terms, the Guest agrees to raise the issue with us as promptly as practicable, preferably during the stay, to allow for immediate investigation and resolution. If the matter is not resolved on-site, the Guest must submit a written complaint to us within fourteen (14) days of the check-out date, clearly outlining the nature of the dispute, relevant facts, and any supporting evidence.

16.2 Upon receipt of a written complaint, both parties agree to engage in good faith discussions with the objective of resolving the dispute amicably and efficiently. Each party shall act reasonably and cooperatively throughout this process and shall not unreasonably withhold consent to a fair and practical resolution.

16.3 Nothing in this clause shall prevent either party from seeking urgent interlocutory or injunctive relief from a court of competent jurisdiction where necessary to protect property, safety, or legal rights. Further, this dispute resolution process is not intended to exclude or limit any statutory rights or remedies available under the Australian Consumer Law or other applicable legislation.

17 General Provisions

17.1 All prices stated in this Terms are in Australian dollars and inclusive of Goods and Services Tax (GST), unless otherwise stated. Tax invoices are available upon request.

17.2 If any provision is void, unfair, or unenforceable, it is severed without affecting the validity of the remaining provisions.

17.3 Any provision of, or the application of any provision of this Terms which is void, illegal or unenforceable in any jurisdiction does not affect the validity, legality or enforceability of that provision in any other jurisdiction or of the remaining provisions in that or any other jurisdiction.

17.4 If You do not understand any part of the Terms, You should seek independent legal advice.

17.5 You may not assign your booking without our prior written consent, which will not be unreasonably withheld.

17.6 This Terms shall be governed by and construed in accordance with the laws of New South Wales and the Parties agree to submit to the exclusive jurisdiction of the Courts of New South Wales. 
Annexure – Photo and Media Consent

Annexure – Photo and Media Consent

This Annexure forms part of and is supplemental to the general Terms and Conditions governing your stay at Mandalay Park Farmstay (“Farmstay”). The provisions herein shall apply to you during your stay at the Farmstay and are incorporated into the overarching agreement between you and HD Farm Pty Ltd (ABN 97 688 588 669) (the “Operator”).

1. Recording in Public Arears

1.1. During your stay at the Farmstay, you acknowledge that you and other guests may be captured in photographs, video recordings, and/or audio recordings (collectively, the “Material”) while present in public or common areas of the premises.

2. Consent to the Use of Material

2.1. You hereby expressly acknowledge and consent, on your own behalf and, where applicable, as parent(s) and/or legal guardian(s) on behalf of any minor(s) under your care, to the following:

a) the Operator may record, collect, and retain Material depicting you (and any accompanying minors) during your stay; and
b) the Operator is granted a non-exclusive, worldwide, royalty-free, transferable, and sub-licensable licence to use, reproduce, distribute, display, and otherwise exploit the Material for the following purposes:
(i) marketing and promotional activities (including, but not limited to, use on the Operator’s website, social media platforms, and printed brochures);
(ii) safety and staff training initiatives; and/or
(iii) archival and internal record-keeping purposes.

2.2. The Material referenced in Clause 2.1 shall not be used for any purpose other than those expressly stated in Clause 2.1(b). Furthermore, the Operator shall not associate your actual name or other personally identifying information with the Material unless:
a) you have provided prior written consent; and
b) disclosure is required by applicable law, regulation, or legal process.

3. Release of Claims

3.1. In providing the consent set forth above, you, on behalf of yourself and any minor(s) for whom you are legally responsible, hereby release and forever discharge the Operator, its affiliates, agents, employees, and assigns from any and all claims, liabilities, demands, or causes of action, whether known or unknown, that may arise from or relate to the use, reproduction, distribution, or display of the Material, including any alleged violation of personal, privacy, publicity, or proprietary rights.

4. Right to Withdraw Consent

4.1. You may withdraw your consent to the future use of your image, likeness, or voice in the Material at any time by providing written notice to the Operator. Such withdrawal shall not affect the lawfulness of any use of the Material prior to receipt of such notice, nor shall it apply to Material already published or distributed in good faith before the withdrawal.

5. Privacy Policy

5.1. All personal information collected in connection with your stay, including any information associated with the Material, will be handled in accordance with the Operator’s Privacy Policy. You may contact the Operator at any time to request access to, correction of, or further information regarding the handling of your personal data.