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Terms and Conditions

Terms of Use

Land

4291 Halls Creek Road, Halls Creek, Bendemeer in the state of New South Wales

Purpose

The terms of use govern the liability and risk of our Pepperina FarmStay + Bird Sanctuary.

Between

Danielle Kay & Grant Laurie or nominees (herein referred to as the landowner)

And

‘Resident’

1. Liability

The resident acknowledges and agrees that the use of the Premises is at the residents own risk. The Landowner shall not be liable for any loss, damage, or injury to persons or property that may occur on the Premises, except to the extent caused by the gross negligence or wilful misconduct of the Landowner.

2. Indemnity

The resident shall indemnify, defend, and hold harmless the Landowner and its employees, agents, and contractors from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

(a) The residents use or occupancy of the Premises.

(b) Any breach by the resident of this Agreement.

(c) Any act or omission of the resident or any guests or invitees.

3. Exclusions

Notwithstanding the foregoing, the resident shall not be liable for any injury, damage, or loss arising solely from the gross negligence or wilful misconduct of the Landowner.

4. Survival

The provisions of this clause shall survive the expiration or termination of this Agreement.

5. Notice of Claims

The resident shall promptly notify the Landowner in writing of any claim or potential claim that may be subject to indemnification under this clause and undertake its best endeavours to mediate any disputes or issues with the landowner.

6. Insurance

"The Resident acknowledges that the Landowner provides accommodation on a working farm environment operating under platform-specific protections, and that the Resident accepts the premises and activities strictly on an 'as-is' basis acknowledging the inherent risks of farm life." Force Majure: The landholder shall not be responsible for any fires or damage which it did not cause, and which is outside its control.

7. Eviction

The landholder has a right to evict in the event the resident has not paid for the stay & damages the property, disturbs other guests or is rude and aggressive after notice is provided and the landholder shall not be liable for any injuries relating to Motor Bike use and Vehicle use by the residents as residents enter the property at their own risk.

Indemnity Agreement

1. Acknowledgment of Risk

I, the undersigned, acknowledge that participation in horse riding and the use of a 4WD drive vehicle on the farm premises located at 4291 Halls Creek Rd Halls Creek NSW 2346. (the “Farm”) involve inherent and significant risks, including but not limited to:

  • Injury, disability, or death resulting from falls, collisions, or sudden movements of horses; and if Horses are spooked by unavoidable events, nature noise, windy conditions.
  • Property damage or bodily harm resulting from operation or use of 4WD vehicles;
  • Exposure to natural hazards, uneven terrain, fences, machinery, dams, creeks, and other potential dangers on the Farm.

I understand that horses can be unpredictable, terrain may be rough or slippery, and vehicles and machinery can malfunction. I freely accept these risks.

2. Agreement to Indemnify

I agree to release, indemnify, and hold harmless the Proprietor, their employees, agents, contractors, instructors, volunteers, and any other representatives (collectively the “Indemnitees”) from any and all claims, demands, causes of action, liabilities, losses, damages, costs, or expenses, including legal fees on a solicitor-client basis, arising from or in connection with my participation in horse riding, use of 4WD vehicles, or activities on the Farm, whether arising from negligence or otherwise, except to the extent prohibited by law.

3. Safety Obligations

I agree to:

  • Wear appropriate safety gear, including a helmet when horse riding;
  • Operate 4WD vehicles safely and in accordance with instructions and relevant road or off-road laws;
  • Follow all directions, rules, and safety procedures provided by the Proprietor or authorised personnel;
  • Ensure that I am sober and not under the influence of any drugs or alcohol while participating in any activity on the Farm.

4. No Liability for Indemnitees

I acknowledge that the Indemnitees are under no obligation to supervise my activities beyond reasonable care and cannot be held liable for any injury, loss, or damage occurring on the Farm. I assume full responsibility for my participation.

5. Insurance

I understand that it is my responsibility to maintain adequate insurance coverage for personal injury, property damage, or other risks arising from my participation in activities on the Farm, and that the indemnity herein is not limited or replaced by any such insurance.

6. Entire Agreement

This Letter of Indemnity constitutes the entire agreement between the parties regarding indemnification for the activities described herein. Any modifications must be in writing and signed by both parties.

7. Governing Law

This indemnity letter shall be governed by and construed in accordance with the laws of New South Wales, Australia.

8. Document Acknowledgment and Notice – Option 1

Physical copies of this document are posted within the cabins and have also been transmitted to the guest via text message. By completing a confirmed booking through Bookings.com and accepting the legal waiver sent in connection with that reservation, the customer explicitly acknowledges that they have read, understood, and agreed to all terms and conditions contained herein prior to arrival.

9. Acknowledgment and Signature – Option 2

I, the undersigned, have read and fully understand this Letter of Indemnity, and I sign it voluntarily of my own free will. I understand that this is a legally binding document and that I am giving up certain legal rights by signing it.