TERMS AND CONDITIONS – PLEASE READ CAREFULLY BEFORE PURCHASING. BY PURCHASING YOU ENTER AN AGREEMENT AND CONFIRM YOU AGREE TO AND HAVE READ ALL OF THE TERMS AND CONDITIONS BELOW.
Parties
This retreat agreement ‘Agreement’ is made between the retreat ‘Organiser’ Phi Dang, Life Coach with the intention to help people personally grow and develop, ABN: 14 983 603 781 and you ‘Guest’ or ‘You.’
Please read the following terms and conditions carefully. These terms and conditions apply to your booking on the Recharge & Renew ‘Retreat’. By putting down a deposit and making your booking you are agreeing to enter a contract with the Organiser on these terms and conditions. That contract becomes binding immediately on the confirmation of your booking.
Your attendance at the Retreat, as defined below, is subject to each of the terms and conditions contained within this Agreement, all parts and sub-parts of which are specifically incorporated by reference here. By clicking the buttons on the Retreat Information Webpage, “Purchase,” “Confirm,” “Attend,” or undertaking any other affirmative action manifesting your intent to attend to Retreat, including providing the Organiser with credit card or billing information to be charged for attendance at the Retreat, you acknowledge and agree that you are entering into a legally binding agreement with the Organiser.
You agree to be bound and abide by this agreement and any amendments thereto. Read this agreement carefully before manifesting your actions, especially since this agreement may affect your legal rights, such as requiring binding individual arbitration, and limiting your right to bring a lawsuit or class action. If you do not agree to these terms, please do not manifest your assent to attend any of the organisers retreats.
Nature of Retreat
The Organiser’s intention is to run a retreat for the purpose of personal growth and development. The copy on the information of the page of the Retreat is indicative of what can happen as a result of attending the Retreat.
Dates: 5th of August 2024 – 10th of August 2024 inclusive
Accomodation: 5 x nights, a total of 6 x days, 4 star Villa
Location: Ubud, Bali, Indonesia
Maximum: 5 rooms available, 10 participants in total
All inclusive meals including on site prepared by our own private chef.
2 x off site excursions outside the Villa we are staying in
Unlimited Bottled Water at the Villa from Dispenser, Coffee & Tea.
Access to Free Wi-Fi throughout the Villa.
Daily Yoga.
3 x 60 minute massages on site in the villa.
Life Coaching Workshops to accelerate your personal growth and development run by Organiser.
1 x 60-90 minute pre retreat group call
1 x 1:1 60 minute life coaching session (post retreat)
1 x 60-90 minute post retreat group call
Pick up from Airport (Denpasar, Ngurah Rai International Airport) and Drop Off (At Airport/Next Destination within Central Bali).
*if you are landing in Bali earlier, Organiser will arrange getting you to the retreat location which may be potentially subject to additional charges if you’re outside Central Bali (more than 2/3 hours away from Ubud).
What’s not included:
Flights to and from Bali
Travel Insurance (required and strongly recommended includes trip cancellation policy in the rare instance the retreat does not go ahead due to not having enough participants or other causes)
Visa for Bali (required and easily organised)
Passport (Current, Up To Date Valid Passport with more than 6 months until expiry)
You acknowledge that the Retreat Organiser contracts with a range of third parties and individuals to assist in the running of the Retreat.
To the best of the Retreat Organiser’s knowledge, these third parties are qualified to perform the duties they are contracted to perform.
The Retreat Organiser will not be held liable for injury, damage, loss, delay or irregularity or anything that may occur due to the behaviour of these third parties.
Any advice or information given is given in good faith, but the Retreat Organiser will not be held liable for any outcome resulting from such advice.
Payment
At the time of booking the Retreat, you must provide either pay in full ‘Full Payment’ ($1888 AUD for a shared room or $2444 AUD for a private room). If you pay in full you receive a bonus 1 x 60 minute life coaching or human design call with Organiser, pre-retreat.
If you are on a payment plan, your first payment is your deposit ‘Deposit’ and confirmation of your spot. You must pay all instalments ‘Payment Plan.’
For a shared room this is $333 AUD, 1st of 6 x monthly payments and $444 AUD, 1st of 6 x monthly payments.
The Retreat must be booked and the Full Payment, Deposit and Payment Plan (Entirety of Total Fees) paid prior to the following date 31st of June 2024.
The Deposit and all fees are nonrefundable. If you cancel your spot in the Retreat, you will not be entitled to any refund of the Deposit or any additional fees paid.
If the Retreat is booked by you after the date listed above, the Total Fees for the Retreat are due at the time of booking.
If the Total Fees are not received by Organiser by the date listed above, your spot may be canceled without prior notice to you and without refund.
Personal Power & Responsibility
You are committed and dedicated in showing up with an open mind and heart. By coming on retreat it’s already a resounding yes towards yourself and stepping up into your highest self.
It is your sole responsibility to ensure you have a valid, legal and current Passport, Visa and necessary documentation to travel with. Organiser is not liable or responsible for any Guest being denied entry or exit to or from any location or country.
It is your sole responsibility to book, pay for and secure your airfare to and from Bali, Indonesia.
It is your sole responsibility to have travel insurance such for in case of emergency and trip cancellation. All guests are required to purchase and maintain travel insurance during the entire length of the Retreat (including through the return date). Guests are individually responsible for paying for travel insurance and ensuring adequate coverage. Coverage should include, but not be limited to: illness, injury, property damage, loss of personal items, death, cancellation and any other potential losses, damages, expenses, and/or liabilities.
It is your sole responsibility at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.
It is your sole responsibility for the results and progress from the Retreat. Organiser will help, support and guide however Organiser cannot do the work and show up for you. You understand the nature of the Retreat and possibilities however results experienced by each participant may vary. There are no guarantees.
It is your sole responsibility to promise not to consume alcohol, drugs or anything that would impair your sound mind and rationality in fully participating in the retreat.
You understand and are aware that your participation in the physical, mental and spiritual activities involves risks. These risks may lead to tangible or intangible harm, and you agree that they may result not only from your own actions but also from the actions of others. With the knowledge and understanding of these risks, you choose, of your own will and volition, to continue participating in the Physical Activities.
You also acknowledge and agree that there are risks that you may not have considered, yet you waive your right to any claims that may occur from these unconsidered risks and choose, of your own will and volition, to participate in Activities.
You acknowledge and agree that by attending the Retreat you consent to waive certain legal rights, including the right to sue the Organiser, and, if applicable, its owners, employees, agents, trainers, representatives, and facilities from any physical, material, tangible or intangible, loss or damages that may happen to you during your participation in any of the Activities undertaken while under their instruction or thereafter.
Should you engage in inappropriate, illegal or disruptive behaviour (including but not limited to bullying, harassment, discrimination, unlawful, disrespectful or violent or intimidating behaviour) to any person (including but not limited to Organiser, Organiser’s personnel and employees, the local community, other guests and participants) you will be asked to leave the Retreat at your own cost and no refund will be available.
You are solely responsible for the safekeeping and care of your personal items and valuables. The Organiser and third parties, hold no responsibility whatsoever for any loss, theft, breakage or damage to personal items and belongings during any Retreat experience, to and from the Retreat or during any Retreat-related experience.
You agree that your participation in all retreat activities, accommodation use, travel and transportation (private, hired, public, with or without a hired driver) is purely voluntary. You expressly agree to assume all the risk of injury and activity and/or damage in participating in all activities, accommodation use and transport services and options offered during the Retreat.
Cancellations/Refunds
Due to committing to a venue, service providers and activities we are unable to provide refunds or credits towards the retreat including arriving late, leaving early, missing activities or not doing everything in the scheduled itinerary.
Understandably life happens, we will do our best to be able to find someone to replace your spot and refund what you’ve paid (except deposit). You are also able to find someone else to replace your spot (provided they are a woman over 18 and this has been cleared by me).
In the likely event there aren’t enough participants to cover the costs of running the Retreat, Organiser reserves the right to cancel Retreat prior to the event. In this case, you will be given a full refund including your deposit. Organiser is not responsible for reimbursing travel or flights therefore you must obtain travel insurance for the Retreat.
There is a maximum of five rooms available, therefore it is first come first served and a maximum of ten participants. E.g. if you are sixth to purchase but five women before you have booked a private room, you may not be able to come given the five rooms. In that instance Organiser will discuss with you options (seeing if another participant and you are open to sharing, if there is enough demand Organiser may organise another retreat and give you the option to attend).
Health, Safety and Injury
It is your responsibility to ensure that you are in good health prior to departure. If you are concerned about your health, you should consult your doctor. You affirm by attending the Retreat you have medical clearance and no medical conditions that would restrict you from participating. You agree and verify that if you have omitted any necessary personal information, whether knowingly or unknowingly, you will hold the Organiser harmless against all liability for any damages that may occur to yourself or to others because of your actions or inactions.
As a guest you must ensure that you are medically, physically and mentally fit and well for a retreat focused on personal growth development.
The organiser reserves the right to exclude a guest from participating in an activity if that individual’s participation poses a direct threat to health or safety.
You agree to hold the organiser, and if applicable, its employees, owners, agents, trainers, and representatives, harmless from any damage, whether tangible or intangible, that may happen to me while participating in the Retreat.
You agree to keep the Organiser apprised of any changes or upcoming changes concerning your physical health and personal information.
You understand and agree that it is your responsibility to let the Organiser know if you find yourself in any pain or discomfort before, after, or during the Retreat.
If you do require medical treatment or attention in the lead up to, while or after participating in the Retreat, you agree that the medical and all costs associated are yours and yours alone and hold the Organiser blameless from any charges, fees, or costs that my conditions may incur.
You specifically acknowledge and agree that these clauses are not intended to be a general release, which would be limited under some state and local laws.
General Assumption of Risk
You agree and understand that your participation in the Retreat may involve risks. These risks may lead to tangible or intangible harm, as discussed above. Additional risks, such as those risks involved in being in another country, a country where medical services are not available, or a country with an unsteady political, cultural, or geographical climate, may also be present.
It is your responsibility to familiarise yourself with all possible risks involved in participation in the Retreat. You agree that Organiser is not liable, to the fullest extent permissible by law, for any harm that may come to you due to your participation in the Retreat.
You acknowledge that your decision to attend the retreat is made with full knowledge of all information described above and that you are attending of your own will and volition. You agree to be the sole party responsible for the assumption of all risk involved in connection with the retreat. In no event will the organiser be liable for any liabilities arising from or in connection with your participation in the retreat.
Changes To The Trip
Itinerary and plans of the Retreat are subject to change, Guest will be informed by Organiser prior to. The nature of a Retreat is adaptable and flexible pending on participants and the collective energy of the group.
You hereby acknowledge and agree that Organiser has a right to do so for any reason, including, but not limited to weather, third-party vendors or providers, and any local circumstances which Organiser deems unfit for travel.
Organiser may request the provision of additional information, such as identification and travel information and/or additional forms and questionnaires. You hereby consent to receive all such correspondence related to the Retreat, including the itinerary.
Release of Liability
Guest hereby releases Organiser, as well as any of Organiser’s affiliates, licensors, suppliers, subsidiaries, parents or other legal representatives, from any claims, demands, damages or other legal action which may arise from Guest’s dispute with any other Guest.
You agree that the Retreat Organiser is released from all liability arising from any negligence or fault, for your death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to you, including your travel to and from the Retreat, food poisoning and accommodation issues.
Termination
This Retreat Agreement shall continue until canceled as specified above by either Party or until the Guest attends and completes the Retreat. Any provision of this Agreement which by its terms imposes continuing obligations on either of the parties shall survive termination of this Agreement.
Force Majeure
A Force Majeure event is an event outside our control that delays or hinders the Organisers ability to perform its obligations under this Agreement.
In the event that either party is unable to perform its obligations under this agreement due to a Force Majeure event, including but not limited to acts of God, natural disasters, fire, acts of government, terrorism, or other unforeseeable circumstances beyond the control of the parties, the affected party shall promptly notify the other party of the occurrence of such event and shall propose revisions to the Retreat schedule for completion of the Services or termination services and this Agreement where it is determined that performance is not possible because of the duration of effect of the Force Majeure event.
The Retreat Organiser shall not be deemed in breach of this Agreement for the delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from Force Majeure events.
Media Release
You acknowledge and agree that before and during the Retreat, you may be subject to photographs, video, sound recordings, or other media captures of your face, name, voice, or likeness. In consideration for your participation in the Retreat, you hereby and irrevocably consent to the use, publication, distribution, broadcasting, reproduction, live-streaming, editing, recording, posting, copyrighting, licensing, digitisation, and/or re-release of the Released Media, as defined below, by the Organiser, as well as any employees, affiliates, associates, representatives, or agents (collectively referred to as the “Release Receiver”) for any legal reason or purpose, including but not limited to social media, commercial products, education, course materials, video footage, sales, marketing, or any other medium in any form that has been or will be invented.
The Released Media will include, but is not limited to, all photographs, videos, sound recordings, paintings, sculptures, and all other media currently known or hereinafter developed, captured of you or your likeness before and during the Retreat by the Release Receiver.
You hereby release the Release Receiver from any and all claims and demands arising out of or in connection with any use of the Released Media, including, without limitation, claims for privacy violations, right of publicity claims, defamation and/or any other intellectual property rights. You claim no ownership of the Released Media and forego any opportunity, whether past or present, to copyright or trademark the Released Media.
You give consent to the use of this Released Media while knowing and understanding that your name, comments, and other identifying factors may be revealed to the general public. However, the Release Receiver may not make known to any party in any medium my known or previously known location, email or physical address, or any other contact details, such as phone number.
Intellectual Property
Guest acknowledges and agrees that the Organisers name, services, and any logos, designs, text, graphics, software, content, files, materials, and any other intellectual property rights contained therein, including without limitation, any copyrights, patents, trademarks, proprietary or other rights arising thereof, are owned by the Organiser or its affiliates, licensors, or suppliers.
Guest acknowledges and agrees that the source and object code of the Website and the format, directories, queries, algorithms, structure, and organisation of the same are the intellectual property, proprietary, and confidential information of Organiser and its affiliates, licensors, and suppliers.
Guest expressly agrees not to do anything inconsistent with Organisers ownership of all of the intellectual property discussed herein. Guest further agrees that there are no rights, title, or interest in or to any of the Organisers Intellectual property. In addition, Guest is not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or other proprietary rights of Organiser or any third party.
Dispute Resolution
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the county and state noted in the GOVERNING LAW provision of this Agreement.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing federal law as well as the law of New South Wales, Australia. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Organiser will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
Governing Law
This Agreement shall be governed by and construed in accordance with the internal laws of New South Wales, Australia without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the following country: New South Wales, Australia.
Indemnity
In consideration of participating in the retreat, the guest agrees to indemnify and hold harmless the organiser, its agents, employees, and representatives from any and all claims, demands, actions, damages, liabilities, costs, and expenses, including reasonable attorney’s fees, arising out of or in connection with the participant’s attendance or involvement in the retreat. The Retreat Organiser takes no responsibility for the conduct of retreat participants and will not be held liable for any loss or damage to person or property caused by another retreat participant(s). This indemnity shall apply to any injury, loss, or damage sustained by the participant or any third party, and includes, but is not limited to, claims related to negligence, personal injury, property damage, or any other harm. The participant acknowledges and assumes all risks associated with the retreat and releases the organiser from any and all liability to the fullest extent permitted by law.
Headings
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.