Reset Retreat Terms and Conditions
TERMS FOR RETREAT FOR PARTICIPANTS
These Terms for Retreats apply to all participants of any Retreat run by Ash Cam Coaching [ABN 84626988403]. These Terms for Retreat together with any other terms and conditions and policies we publish or link to on our website and services form an Agreement with us (“Agreement”). “You” could be any participant at a Retreat of ours. When booking a Retreat through our Website you agree to these Terms and any further terms set by our Third-Party Partners (if applicable).
BOOKINGS
All Retreat participants must be over 18 years old.
To book in for a Retreat you must provide us with various information. Any personal information is used subject to our Privacy Policy. You must complete our Booking Form online and agree to these Terms. We reserve the right to refuse to accept bookings at our absolute discretion without stating the reason for doing so. Once you have received your Booking Invoice, please check this carefully. If any of the information contained within the Booking Invoice is incorrect or incomplete, please notify us immediately in writing as it may not be possible to make changes to it later. To confirm your Booking, you must pay the non-refundable Deposit as set out in the Booking Invoice. Your booking is not confirmed until we receive payment and you have received confirmation from us.
PASSPORT – INTERNATIONAL RETREATS
You must have a valid passport before you make your Booking into any of our international Retreats. Please note that if you don’t have a valid passport it can take more than 6 weeks to get one. Your passport should be valid for a minimum period of 6 months from the start date of the Retreat.
INSURANCES
We also strongly recommend you take out comprehensive travel insurance, at the time of booking as we are not liable for any Loss or Damage. During the Retreat you may be offered activities like surfing, yoga, and snorkelling. We strongly recommend that you ensure adequate insurance coverage, as you would for any vacation. We may require you to sign an additional disclaimer in relation to various Third-Party activities at the Retreat.
SPECIAL REQUESTS, AND HEALTH INFORMATION MUST BE PROVIDED AT BOOKING
Special requests (such as dietary requests or other travel requirements) must be made at the time of booking. We cannot guarantee that the request will be met and any failure to do so will not be a breach of these Terms or the Third-Party Partner. We will try our best to cater for your requirements however we are not liable in relation to them. You are encouraged to take personal responsibility of your health and needs, as you would on any other personal holiday. We are unable to accept bookings which are conditional upon a special request being met and these will be treated by us as a standard booking. If your special request is not made at time of booking, we may not be able to cater for you, and your booking may be cancelled at our sole discretion.
You must provide us with full details of any existing medical condition or disability that may affect you at the Retreat (including, in particular, any accommodation requirements) at the time of your booking. If in our reasonable opinion we cannot cater for your medical problem or disability or you are not travelling with someone who can provide all assistance you may reasonably require, we have the right to refuse to accept the booking. Some international locations where are Retreats are held do not have accessibility similar to Australia.
INFORMATION ON OUR WEBSITE
All our prices for Retreats are published on our website. We may change prices for Retreats without notice to you, unless you have made a Deposit. We may discount or offer free tickets to Retreats from time to time. We may also discontinue any unbooked Retreats at any time.
We may change our range of Retreats at any time without notice to you. We are not liable for any price changes, other changes, or any discontinued Retreats.
The descriptions of Retreats may also change without notice to you. There may on occasion be errors or omissions in descriptions or prices, times, and availability and promotions. We may, but are not obliged to, correct any errors or omissions or change and update information or cancel Retreats if information is inaccurate. Where you have already paid a Deposit, we will endeavour to ensure that any changes to the Retreat incorporate similar activities.
TRAVELLING TO THE RETREAT
We are not responsible for how you arrive at the starting point or Retreat location. We might provide information regarding how to get there, however it is your responsibility to research and make your own travel arrangements including any flights or transfers.
With your permission we may connect you with other guests joining your Retreat, to see if you can arrange your travel together. You take full responsibility for your own travel plans.
YOUR OBLIGATIONS AND CONDUCT RULES
By making a Deposit or payment for the Retreat, you agree to provide us with various information including but not limited to your account details (“information”). You represent and warrant that:
· all information you provide is true, correct, current and up to date;
· you will respond promptly to any of our requests for further information.
In the Retreat that we find that any information is not true, correct or current, we may, at our sole discretion, immediately ask you to leave the Retreat.
You must conduct yourself appropriately at our Retreats. If you engage in any of the following, we may, at our sole discretion prohibit your entry or revoke your permission to attend our Retreats;
· any inappropriate or offensive conduct including but not limited to, any insults or profanity;
· conduct that is religiously, racially, or sexually offensive, or threatening or abusive;
· any illegal conduct including, but not limited to, anything defamatory, drug or substance abuse;
· any immoral conduct including but not limited to, anything pornographic or obscene;
· any conduct that impersonates any other person or misleads other attendees;
· any dangerous conduct;
· any overly inebriated conduct or intoxication where you are being disruptive;
· any photography or video of the Retreat except with our express permission; or
· any bringing of guests or individuals on-site who are not registered as part of the Retreat.
You further accept all liability for any Loss or Damage caused by you or any member of your party during the Retreat, including, but not limited to any property, equipment, any damage to resort or accommodation or venue facilities, or equipment or theft, reuse, misuse of intellectual property & content without our express permission. Payment for any loss or damage must be made to us or our Third-Party Partner at the time that it occurs or as soon as is reasonably practicable thereafter. If the cost is not known at the time, we will reasonably estimate it and if this reasonable estimate exceeds the amount paid, you must pay the difference once known, and if it is less, the difference will be refunded to you.
If you consider that someone is breaching the conduct rules, please notify the host promptly so that we can address the issue immediately.
PAYMENT TERMS
You agree to pay us for the Retreat in advance using PayPal or Humantix, as detailed on our website. We also charge you any transaction fees or fees incurred by financial providers. Please properly check what is included and not included in your Retreat fees on our website. For example, sometimes accommodation will not be included, and you will be responsible for organising and booking travel and accommodation.
All sales are non-refundable except as outlined below. The full payment must be received by the due date, or we will not permit your admission. Your ticket/place in the Retreat cannot be reserved or confirmed until full payment has been received. Reserving your seat does not guarantee your booking until full payment has been received.
You are responsible for making all payments due to us under your booking. All party members named within the booking are jointly and severally liable for all payments due under the booking.
If you are utilising third-party services associated with the Retreat, (e.g. bus transfers) you must settle any payments or fees directly with those third-party providers in advance.
REFUNDS, TRANSFERS
Any transfers to other Retreats are at our sole discretion and are subject to numbers and availability. We may on some occasions allow you to transfer your tickets to another participant of our Retreat.
To the extent permitted by law, any refunds are at our absolute discretion. We do not provide refunds for your change of mind, or not attending or where you failed to provide us with adequate information.
CANCELLATIONS
We hope you do not need to cancel your participation at the Retreat, however, if cancellation takes place the following will apply: All Deposits made are non-refundable as we will have paid booking fees to Third Party Partners for the Retreat. Once the Retreat has started, all fees are also non-refundable as we will have paid all fees relating to the Retreat in advance. To the extent permitted by law, all other fees are non-refundable.
CHANGES TO ITINERARY, TIMES/ DATES OR VENUES
You acknowledge and agree that the itinerary we provide is representative only of the types of activities and schedule, amenities and transport during the Retreat, but are subject to alteration due to local circumstances without prior notice. This is because we rely on the cooperation of Third-Party Providers, and suitable, safe conditions. The itinerary may be changed at our sole discretion.
Despite our reasonable endeavours, on occasion we may also need to change venues, or dates at short notice. We will notify you as soon as possible of any major changes to the Retreat. In these circumstances we may offer a transfer to another Retreat if the new venue or dates are inconvenient to you. We do not provide refunds except as required under the Australian Consumer Law.
COACHING/ WORKSHOPS AT THE RETREAT
We offer optional coaching and workshops at the Retreat. Where you decide to go ahead with coaching or workshops, you must provide us with all information we need so that we can perform any coaching sessions at the Retreat. In this case, you represent and warrant that:
· all information you provide is true, correct, current, and to the best of your knowledge;
· you are committed to working on yourself, and you want change in your life.
You agree to participate fully during each coaching session with accountability, honesty, integrity and respect for the process. You acknowledge and agree:
· that you are required to provide transparent and accurate information during each coaching session;
· to commit to doing any actions that are determined in the coaching sessions;
· that we cannot guarantee results, and they are dependent on your actions and implementation;
· that you must be on time to all sessions;
· any late attendance will not entitle you to an extended session, and we may cut short the session time;
· that coaching sessions are not medical in nature i.e., they are not psychologist, psychiatry or therapy sessions of any kind.
GROUP/ WORKSHOP SESSIONS
We encourage you to engage with us and other participants during any group coaching sessions however, you must comply with our rules at all times.
You must respect the other participants at the Retreat and not be disruptive in any way. We may exclude you from any group sessions or events where you become disruptive or disrespectful in any way. You must not directly contact other participants unless you have their express consent. Any further interactions with other participants are conducted at your sole risk.
CONFIDENTIALITY
During any group sessions you may share sensitive, personal and private information (“Confidential Information”), or others may share similar information.
For example, often people share sentimental and emotional details about themselves during group coaching sessions. You must respect the privacy of such details shared and must not discuss or share them with third parties. Doing so is disrespectful and could be defamatory and maybe subject to legal action. You acknowledge and agree to keep all information confidential, and not to disclose any information outside the group. You must not record any group sessions.
We will not disclose any Confidential Information, except where it is required by law. For more information on the circumstances where we disclose personal information, please see our Privacy Policy here.
COACHING DISCLAIMER
Participation in any coaching sessions is voluntary and is always at your sole risk. You are responsible at all times for your safety and wellbeing. We are not an emergency service, and are not your doctor, counsellor, psychologist, psychiatrist, or other health professional. You must always seek proper advice from a professional regarding any diagnosis, assessment or treatment. We are not liable for any Loss or damage suffered in connection with your participation in the Coaching during the Retreat or reliance on any health or medical “advice”.
AUSTRALIAN CONSUMER LAW
Our services come with guarantees that cannot be excluded under Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund of the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have your problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
INTELLECTUAL PROPERTY
We own or have a license to use all Intellectual Property Rights in any Materials we may provide you throughout the Retreat. You must not use any Materials for any purpose other than your sole personal use. Any Materials we provide you must not be reproduced or resold without our prior written permission which will be given at our absolute discretion and will be the subject of license fees and legal action
TERMINATION
To the extent permitted by law, we may refuse permission for you to attend the Retreat, for any reason, at any time. In particular, if you breach this Agreement, we may immediately terminate this Agreement. We can also stop offering our Retreats at any time, for any reason. We are not responsible to you for any changes, or if we suspend or stop our Retreats.
FORCE MAJEURE
If we cannot perform an obligation under this Agreement because of a Force Majeure Event, we are excused from such performance. We are not liable for any delay or failure to perform our obligations due to a Force Majeure Event.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your attendance at a Retreat including, but not limited to, any errors or omissions in any website content, price changes or cancelled Retreats, changes to the venue, dates and times, and any interruptions, or other changes to a Retreat, or any travelling to or from a Retreat, or any meetings with other members of the Retreat.
To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:
· the supply of equivalent services e.g., a ticket at an alternative Retreat; or
· the payment of the cost of your Retreat.
In any case, our liability to you will not exceed the amount actually paid by you to us.
You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including the conduct rules, where you provide incorrect personal information, where you leave during a Retreat, sickness/illness/medical issues/accidents/death, any disclosure of your personal information, and any further meetings or communications with attendees of a Retreat. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with the act or omission of any Third Party.
IF THERE IS A DISPUTE
If at any time our Retreats are not reasonably acceptable to you or we disagree on the quality of the Retreat you will immediately notify us of any such reason, the specifics and will give a reasonable opportunity for us to respond and address any concerns.
If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
OTHER
This Agreement is to be construed in accordance with the laws of QLD, Australia, and you and we submit to the jurisdiction of the courts of QLD, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between these Terms for Retreats and other terms and conditions on our website, these Terms for Retreats prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in these Terms does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
DEFINITIONS
Agreement means these Terms for Retreats, and all other terms and conditions and policies published or linked to our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
Force Majeure Event means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to, a pandemic, act of God, such as fires, earthquakes, floods; war or hostilities, riots, strikes, disorder or acts or threats of terrorism, or electrical failure, changes to regulations, weather events, travel limitations, venue closures.
Intellectual Property Rights means all trademark, copyright, design rights, patents, trade secrets, confidential information and all other intellectual property rights whether registered or unregistered.
Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
Retreats means any mini day retreats and overnight retreats offered by us.
Third Party Partners means any venue or provider of products and/or services during the Retreat, including but not limited to any accommodation and activity providers.
We, us, or our means Alexei Mogilevski Pty Ltd t/as Ash Cam Coaching [ABN 84626988403] and includes any of our directors, officers, employees, agents, partners, contractors.
Website and services mean www.ashcamcoaching.com and everything available on our website including, but not limited to, all products, services and socials.
PO Box 421, Nobby Beach, QLD 4218