TERMS & CONDITIONS
PROPERTY TERMS
General
These Terms and Conditions are designed to inform all guests entering the property of Nurture Creek of the risk, rules, expectations and procedures for the benefit of their stay and their personal safety.
Definitions
Nurture Creek: The property located at 180a Emerald-Monbulk Rd, Monbulk. With main access from 110 Rankins Rd, Monbulk.
Accommodation: Cottage and/or Log Cabin.
Activities: Any activity facilitated by Nurture Creek team such as but not limited to: Animal feeding, animal interactions, farm tour, tractor rides etc.
Guest: Persons of any age entering Nurture Creek’s property for purposes in line with the products and services Nurture Creek offers. Infant = person aged 0-2 years. Child = person aged 2-17 years. Adult = person aged 18 years and over.
Team: Nurture Creek’s paid team as well as volunteers employed by Nurture Creek.
Creek: Water course for exploring.
Credit: Any amount transferred from scheduled bookings that is kept in a Client Account by Nurture Creek to be used within a specified time, usually 12 months from date of issue.
Check In: Time for accommodation to be available is 2pm.
Early Arrival: Arrival before the check in time where guests can access facilities and the Nurture Creek experience. Early arrival does not guarantee accommodation will be ready for occupancy. Early arrival must be pre-arranged with the team.
Check Out: Departure is 10am. The accommodation must be vacated in a clean and tidy fashion. If there are no incoming guests that day, and it has been discussed the day in advance, the grounds may continue to be enjoyed until 1pm, as agreed.
Safety & Well Being
Creeks, Dams & Waterholes
Swimming and paddling is undertaken at your own risk. The creek and waterholes on Nurture Creek’s property are unfenced, have steep slippery sides with wandering trad and/or debris rocks that can cause entrapment. The water is murky with extremely low visibility. The creek varies in depth with rain levels. Minors (children under the age of 18 years) are the sole responsibility of their parents/guardians and must be supervised by their parents at all times.
Animals
Access to animals is provided for guest enjoyment and at the guest’s own risk. Animals can be unpredictable and it is necessary to remain alert around the animals, supervising your minors at all times, including at animal feeding times with the Nurture Creek team.
Crossing fences and gates into the animal paddocks is not permitted unless accompanied by Nurture Creek Staff and parents.
Nurture Creek is committed to the safety and wellbeing of all animals in our care. All guests are required to treat animals with respect and to follow instructions given by the team and signage on how to interact with the animals onsite.
Children are not permitted to enter the paddocks without an adult. An adult must be physically present WITH children inside the paddocks or enclosures to ensure the safe treatment of those animals and adherence to the respective rules.
No picking up of chickens or turkeys. It scares them and may cause them to peck children, which results in them being dropped.
No running or jumping around the animals as this may cause an animal or person to be stood on, scared or jumped on, resulting in injury.
No chasing of the animals is ever permitted, scared animals are dangerous and may act out and protect themselves, resulting in severe bodily damage to people and other animals.
Any guest that displays behaviour that involves the mistreatment of any of Nurture Creek’s animals may be restricted from involvement in animal related activities. Nurture Creek reserves the right to request any person to leave the property who persists in such behaviour, without credit or compensation for their stay.
Some wild dangerous animals/creatures you may encounter are deer, wallabies, echidnas, kangaroos, snakes, spiders, ticks, bull ants and leaches. Interaction with all animals is entirely at the risk of the guest.
Terrain & Fencing
Nurture Creek is home to some interesting history, specifically old mine shafts. Minors are to be supervised at all times to ensure they remain safe and their location known. It is unclear how deep or long the mine shafts are and if sinkholes might randomly appear in the terrain.
There is warning signage in known mine areas, if you find any that aren’t signed please alert the team so that we can chart and sign them for future guests
Nurture Creek has electric fencing to ensure the property stays safe for the animals, please be aware of these and do not allow children to touch the fencing. They eject a nasty shock that may injure or even cause death if there are pre-existing conditions. All electric fencing is signed with yellow warning signs and it should always be assumed they are live.
Play Equipment
Nurture Creek has a range of play equipment that is installed around the property. This includes but is not limited to: Mud kitchens, sheds, swings, hammocks and rope swings. Assessment and acceptance of risk is required by parents before use of this equipment by their children.
Rope swings have been installed in various trees around the property by both Nurture Creek and other guests. Prior to use, it is required that these swings are assessed as well as the tree branches that they are installed in. Guests agree that they will assess this equipment to the best of their ability and agree to use the equipment entirely at their own risk / at the risk of their wards.
General
Abusive or violent behaviour towards team or other guests, abuse of Nurture Creek property, abusive language, intoxication, drug use, littering, smoking in or close to buildings and failure to comply with directions may result in being asked to leave the property.
All roads and tracks are used by motor vehicles, farm machinery as well as pedestrians and cyclists. Please drive slowly and take care. Take note: the speed limit is 10kmh on all internal roads.
Guests will be considerate with regard to noise levels and will comply with time limits and directions from Nurture Creek management. A reduction of noise is required after 10pm.
Nurture Creek is an extensive property. Nurture Creek’s property has uneven surfaces that may become slippery when it’s wet and difficult to see in low light. Care is required when moving around the property and it is recommended that appropriate footwear is worn and that one torch per person is used when moving around during the night. Due to the uneven ground in certain areas, sandals and thongs are discouraged, extreme caution should be used if wearing these on the property.
Damages
Nurture Creek reserves the right to pass along to guests the costs incurred as a result of damages, loss and breakage of Nurture Creek property, from either themselves or their party including but not limited to the following:
Damage to cabins, huts, and other buildings/facilities and their out-fittings including all bed linen, towels, sleeping bags and pillows.
Damage and/or loss of BBQs, board games, playground equipment or any other installed activity equipment.
Breakages of crockery or appliances.
Excessive littering, or failure to remove excess rubbish from accommodation.
Additional cleaning required due to pets sleeping inside accommodation and/or on Nurture Creek beds.
Water
All taps are by default filtered tank water. There is no mains water and at times of low rainfall, we pump out of the creek to sustain our requirements. At various times of the year water can be in short supply, please be considerate of your usage and limit showers and wastage, let’s not be Wally’s and reduce the water usage.
Campfires
At various times of the year Guests may enjoy campfires at locations around the property. An open campfire is only allowed in designated fireplace settings as discussed with the team during your stay. Campfires are subject to council regulations and are not permitted during times of Total Fire Ban and Fire Restrictions. Nurture Creek Staff will notify guests if these are in place..
Medical Conditions
Please inform the Nurture Creek team of any medical conditions and emergency contact numbers that they need to be aware of.
Emergency
In case of emergency all guests are to follow directions from Nurture Creek Staff. Please be aware of the nearest Emergency Assembly Area. Emergency Evacuation Maps are located in each cabin and hut, as well as in all amenities blocks. Emergency Assembly Areas are clearly sign posted. In case of flooding or fire, the Nurture Creek team will direct you to safe ground. Please comply with all directives of Nurture Creek Staff and Emergency Service Personnel.
Acknowledgement & Acceptance of Risk
General
Nurture Creek is a working farm which offers an experiential farming style experience complete with the risks which make this experience fun.
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 waiver prior to staying at Nurture Creek.
Digital acceptance of the liability waiver is deemed to be full legally binding acceptance.
Liability Waiver
I acknowledge that by reason of the nature of activities in which I or my children / wards / partner may participate at Nurture Creek 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 my/their own risk. I give Nurture Creek authority, at the sole discretion of Nurture Creek, 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.
In staying at Nurture Creek, I agree as follows: I fully understand and acknowledge that staying at Nurture Creek 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.
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 Nurture Creek and all its team 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 Nurture Creek.
WEBSITE TERMS
Introduction
These Terms and Conditions ("Terms") govern your use of the Nurture Creek website ("Website") and the booking of holiday rental properties listed on our Website ("Properties"). By using our Website, creating an account, or making a booking, you agree to be bound by these Terms. Nurture Creek ("we", "us", or "our") reserves the right to update or modify these Terms at any time without prior notice.
Eligibility
By using our Website or making a booking, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract.
Account Registration
To access certain features of our Website or make a booking, you may be required to create an account. You are responsible for maintaining the confidentiality of your account details, including your password, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
Property Listings
We strive to provide accurate and up-to-date information on our Property listings. However, we cannot guarantee the accuracy, completeness, or suitability of the information provided as properties naturally change from time-to-time due to unforeseen or unavoidable circumstances.
Bookings
By making a booking through our Website, you enter into a legally binding contract with us, subject to these Terms and any additional terms and conditions specified on our booking engine, our website pages, and in our booking emails.
You are responsible for providing accurate information during the booking process, including the number of guests, dates of stay, and any special requirements. You must also comply with any rules, policies, or guidelines set forth by us at the property at any time.
Cancellations & Refunds
Swap dates without penalty up until 2 weeks prior to check-in, or as agreed if we can replace your booking at short notice. Receive a full refund up until 1 month prior to check-in.
Payments
By providing your payment information, you authorise us to process payment. We may use third-party payment processors to facilitate transactions. You agree to provide accurate payment information and to comply with any terms and conditions set forth by the payment processor.
Limitation of Liability
To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Website, Properties, or Services. We will not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, loss of data, or damage to property, arising out of or in connection with your use of the Website, Properties, or Services, whether based on contract, tort, or any other legal theory.
Indemnification
You agree to indemnify, defend, and hold harmless Nurture Creek, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or in connection with your use of the Website, Properties, or Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Policy Changes
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable laws. Any changes will be effective immediately upon posting the updated policy on our website. Your continued use of our website and services constitutes your acceptance of the updated Privacy Policy.
Governing Law
These Terms are governed by the laws of Victoria, Australia. By using our Website and services, you agree to submit to the exclusive jurisdiction of the courts of Victoria in the event of any dispute arising out of or in connection with these Terms or your use of our Website and Services.
Intellectual Property
All content on our Website, including but not limited to text, graphics, logos, images, and software, is the property of Nurture Creek or its content suppliers and is protected by Australian and international copyright, trademark, and other intellectual property
Third-Party Websites & Services
Our Website may contain links to third-party websites and Services, which are not governed by these Terms. We are not responsible for the content, privacy practices, or terms and conditions of any third-party websites or services. We encourage you to review the terms and conditions of any third-party websites you visit.
Severability
If any provision of these Terms is deemed invalid or unenforceable, that provision shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.
Waiver
No failure or delay by us in exercising any right or remedy under these Terms shall operate as a waiver of that right or remedy or preclude its exercise at any subsequent time.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Nurture Creek with respect to your use of our Website and services and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Force Majeure
We shall not be liable for any delay or failure in the performance of our obligations under these Terms and Conditions due to events beyond our reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, labour disputes, or any other circumstances that prevent or hinder the performance of our obligations.
Assignment
You may not assign or transfer any rights or obligations under these Terms and Conditions without our prior written consent. We may assign or transfer any rights or obligations under these Terms and Conditions without your consent, provided that such assignment or transfer does not adversely affect your rights under these Terms and Conditions.
Notices
Any notices or other communications required or permitted under these Terms and Conditions shall be in writing and shall be deemed given when delivered personally, sent by email, or posted to the relevant party's address as specified in these Terms and Conditions or as subsequently updated by the parties.
Changes to Terms & Conditions
We reserve the right to modify or amend these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting the updated Terms and Conditions on our Website. Your continued use of the Website or our services following any such changes constitutes your acceptance of the revised Terms and Conditions.
Contact Us
If you have any questions or concerns regarding these, or any of our Terms, please contact us at [email protected].
