ADDITIONAL TERMS FOR THE CIRCLE, TRANSFORMU, ELEVATE & ELEVATE PLUS COURSES

By registering for any course offered as part of the Services (including without limitation The Circle, TransformU, Elevate and Elevate Plus (each a “Course”) and/or accessing or using any of the information and materials related to a Course (the “Course Materials”), you agree to be bound by the following additional Course Terms and Conditions (the “Course T&Cs”), which form part of these General T&Cs.

Access to and use of a Course is subject to payment of the relevant fees for that Course, notified to you at the time of registering for a Course (the “Fees”).

You will be required to provide your credit card number and other information at the time of your initial registration for a Course. Your credit card will automatically be charged the Fees in accordance with the Course payment terms applicable to the Course you select as notified to you at the time of registration and you hereby authorise us to charge your credit card for the then-applicable Fees.

For any Courses offered as an ongoing subscription, we will automatically bill you from the date you pay for access to the Service, and continue to bill you accordingly until cancellation or termination, including any final billing period based on the timing of such cancellation or termination.

Except in circumstances required by the law, the Fees are non-refundable. All Fees are payable in Australian Dollars, unless otherwise specified. We may change the Fee (excluding pre-paid plans such as annual plans) for the Course, or any element of the Course, but will give you advance notice of these changes via a message to the email address associated with your Account.

If for any reason we are unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Account may be disabled until payment is received.

You are responsible for notifying us of any changes to your credit card information and to update your information if your credit card has expired. We may suspend, terminate and/or otherwise interrupt your access to your Account and the Course if you fail to so notify us. You are responsible and liable for the Fees and any costs and expenses, including solicitor and collection fees, that we may incur in our efforts to collect any remaining balances due from you.

Termination of your Account will not relieve you of any obligation that may have arisen prior to such termination, including the obligation to pay any Fees.

We currently offer the Courses from New South Wales, Australia in English, but you may register for a Course anywhere throughout the world.

You agree to use and access the Courses only for the permitted purposes and as otherwise directed and/or notified by us. If your use of the Course, or other behavior, intentionally or unintentionally threatens our ability to provide the Course, or violates any of these General T&Cs, we reserve the right to take all reasonable steps to protect the Course and our systems, which may include suspension or termination of your access to the Course and your Account, or any portion thereof, or taking legal action, all without notice to you.

You may not reproduce, publish, share or use the Course, Services or Account with any person without our prior written consent.
Certain features of the Courses may permit (a) the posting or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (together, the “User Content”). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.

No person should act on any information, products or services provided as part of a Course before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their circumstances and/or before obtaining professional advice. Courses are for general educational and information purposes and should not be substituted for medical, legal, accounting, professional or other advice or services. Check with your professional advisor before using and/or relying on information contained in any Course.

We make no express or implied claims that you will receive any financial benefit or achieve any desired outcome as a result of following the Course advice and/or purchasing any other Services.

We may, at any time, prohibit you from using and/or accessing your Account or the Course (or any part of your Account or the Course). If we notify you of such prohibition, then you must immediately cease using your Account and/or the Course.

For so long as you access your Account or Course, these Course T&Cs will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of your Account.

ADDITIONAL TRANSFORMU RETREAT BOOKING TERMS AND CONDITIONS

Booking Terms

By booking a TransformU retreat, you are agreeing that you have also read, understand and agree to comply with and be bound by, these ‘TransformU Retreat Booking Terms and Conditions’ which will be supplemented with further documents, details, policies, guidelines and 3rd party service providers’ agreements, waivers and/or releases. These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia.

Booking and Cancellation Policy

We aim to facilitate an intimate, personalised retreat and as a result, we can only accommodate a limited number of guests. It is your responsibility to read, understand and agree to our booking and cancellation policy before making a booking with us.
You must be 15 years or older to attend or participate in a retreat. If you are under the age of 18, you must be accompanied by a parent or legal guardian who shall be entirely legally responsible for your participation and compliance with these terms and rules of the Retreat.

Payments for the booking are paid up front, in advance and are non refundable.

We do not offer refunds for cancellations. However, the Fee paid by you can be applied to another retreat within 12 months of the booked retreat.

If you fail to arrive on the date of your retreat stay, arrive on a date other than your confirmed booking date, or you leave early, your payment is non-refundable, and the booking is non-transferrable to another date.
We do not refund for change of mind or calendar clashes.

You acknowledge and agree that the re-booking fees and cancellation fees are a reasonable estimate of our costs, expenses and losses in relation to making your booking, preparing for your accommodation and provisions at the retreat and reserving services for your use.

Pricing and Fees

All prices are listed in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). You are responsible for any booking, handling, credit card surcharge fees.

We are not responsible for any additional fees or expenses you may incur to participate in the retreat unless such expense is expressly stated by us in writing to be included in the price of the retreat. For the avoidance of doubt, retreat prices do not include any airfares, additional transfers (e.g. to different locations), additional activities (e.g. spa bookings), room service, charged amenities (e.g. dry cleaning and mini bar), alcoholic beverages, or additional food and beverages outside of any planned retreat meals.

Fees are non-refundable except as set out in these Terms, otherwise as required by law or at our sole discretion. We do not provide refunds simply because your situation has changed, or you have changed your mind.

Changes to Retreat Program

The nature of the itinerary and activities identified at the time of booking are indicative only and are subject to availability and third party factors.

In the event we determine, at our sole reasonable discretion, that a retreat must be postponed due to factors beyond our control, we will assist in rescheduling your retreat. In the event you choose not to attend the rescheduled retreat, we will issue you a refund for the full amount of your purchase. However, no refunds will be issued for ancillary costs associated with travel to or from the retreat or change fees associated with rescheduling travel arrangements.

We reserve the right to alter itineraries, or departure times, without prior notice, should the necessity arise. In the case of any changes to flights (domestic and international) or scheduled travel by cruise, ferry, bus, or train, you are responsible for additional costs incurred due to such changes (e.g., extra nights at a hotel, meals, transfers, and so forth.) We therefore strongly recommend all customers to have comprehensive travel insurance to meet all contingencies.

Third party service providers

You acknowledge that certain goods or services provided to you during the retreat are provided by third party vendors (“third party services”), and subject to special conditions that apply to those third-party services supplied.

Your participation in any third party services is entirely at your own risk. We 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.

Travel Insurance and Requirements

Your visa and health requirements and other immigration requirements are your responsibility, and you should confirm these requirements with the relevant embassies and/or consulates. We can only provide general information about these matters. Visa requirements do change, and you must check the latest information in good time before departure. We are not responsible if you are refused entry to a country because you lack the correct passport, visa, or other travel documentation.

We strongly recommend that you purchase travel insurance (including for medical and cancellation coverage). We do not take any responsibility for changes in travel plans, change of mind, or transport changes.

Participation

You acknowledge and agree that we give advice and information relating to general health and wellbeing. The information provided is not medical advice, and should not be treated as such, nor should it be relied upon as a substitute for advice from your doctor or other medical professional.

No element of the retreat is intended to or should be relied upon as psychological, legal, financial, relationship, personal or professional advice.

Please note that by participating in the retreat program you do so at your own risk and we are not responsible for any injury or any ongoing personal choices you make relating to any advise or suggestions while accessing this service. You are solely responsible for evaluating and assessing your own personal choices and health and well-being. Please don’t do anything that doesn’t feel right or causes you pain or conflicts with any professional advise from your own doctor or specialist. In case of doubt listen to your own best judgement.

Responsibly and Liability of Retreat Participants

Please advise us of any mental or physical health conditions, allergies and dietary requirements before you book. If you have health conditions and dietary requirements that may be affected by the activities offered on our retreats we reserve the right to advise you to desist and in the interests of your health, or others, we may decline your stay at our retreats. We shall not be held responsible for any injuries sustained during the retreat. If you experience any injury or discomfort during any activity during the retreat, then you must desist immediately. It is also your responsibility to consult a doctor with an understanding of yoga to check that you are sufficiently fit and healthy to undertake yoga classes and other physical activities that you may chose to do whilst on the retreat.

We take no responsibility or liability for, and the participant waives any holds us harmless against:

(a) Any changes or delays in air schedules, missed airlines or others carrier connections or other services;
(b) Any changes with travel restrictions from or within Australia to or from the retreat location;
(c) Injury, loss, or damage to persons or property, including luggage;
(d) Additional expenses resulting from changes in exchange rates, tariffs or schedule;
(e) Additional expenses incurred or due to sudden sickness, weather conditions, strikes or other causes or acts of God;
(f) Losses due to cancellations.

As a retreat participant, you agree:

To conduct yourself with personal responsibility and at the Retreat
That if 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 our 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;

During any “free time”, you are liable for the activities that you undertake and do so with the knowledge that the we are not liable for your decisions;

That any intake of alcohol or drugs are done so at your own risk and we are not held liable for consequences arising out of your actions in this regard – you must not bring or consume illicit/illegal drugs while at the Retreat;
You are solely responsible for any liability for repair, replacement, medical and other associated costs, and any fine or penalty imposed by any relevant authority arising out of your negligence or deliberate act or omission causing damage to any equipment, premises, vehicle, public or private property or land, or injury harm or death to any person, animal or flora; and

To respect the privacy of other retreat participants and keep confidential any information you learn about other participants during the retreat.

Release and Content Restrictions

By attending the retreat you hereby grant the us the irrevocable and perpetual right to (i) record your name, likeness and/or voice relating to your participation in the retreat (collectively, the “Released Subject Matter”) which includes, without limitation, photographs, pictures, portraits, moving pictures, recorded voice, recorded video, and stills (the “Images”), and to edit such Released Subject Matter at our discretion; and (ii) publish, reproduce, copyright, exhibit, display, distribute, and otherwise use the Images, or any portion thereof, in all forms and media including composite or modified representations for any lawful purpose that we deem appropriate, including advertising, trade, exhibition, illustration, promotion, publicity, advertising, electronic publication and any commercial purpose. You acknowledge and agree that you are not owed and will not be owed any financial consideration or royalty for such use. You understand and agree that we are under no obligation to make any use of the Images or the rights granted herein.

Except as otherwise permitted in writing by us, no materials or information, regardless of form (including, without limitation, oral, documentary, photographic, videographic, and electronic), provided by us to you, including at any workshop, seminar, class or course during the retreat (collectively, “Content”) may be recorded, copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You may use the Content for non-commercial, personal use only. You may not use, distribute, modify, transmit, or post the Content, including any text, images, audio, or video, without our express prior written consent. All rights in and to the Content are reserved.

Indemnity and Liability

To the extent permitted by the law, you agree to release and indemnify us and hold us harmless, against, from and in respect of all expenses, costs, liabilities, claims, actions, proceedings, damages, judgments and losses of any kind whatsoever (including but not limited to consequential and economic losses, property loss/damage and damages for injury, including personal injury and death) arising out of, caused by, attributable to or resulting from your booking or your stay at the retreat.

To the extent permitted by law our total aggregate liability to you, whether based upon warranty, contract, statute, tort (including negligence) or otherwise, is limited to an amount not exceeding the amount paid by you for your retreat booking.

To the extent permitted by law, all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied or conferred by statute, custom or the general law that impose any liability or obligation on us are excluded by this Agreement.

Nothing contained in this Agreement excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Consumer and Competition Act 2010 (Cth) or any other national, State or Territory legislation including any replacement legislation (the Acts) where to do so is unlawful. To the full extent permitted by law, where the benefit of any such condition, warranty or other obligation is conferred upon you pursuant to any of the Acts, our sole liability for breach of any such condition, warranty or other obligation is limited to:
(a) in the case of services, supplying the services again or payment of the cost of having the services supplied again; and
(b) in the case of goods, replacing the goods, supplying equivalent goods or repairing the goods, or payment of the cost of replacing the goods, supplying equivalent goods or having the goods repaired.

We do not accept any liability whatsoever for any injury damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by any events which are beyond our control including, but not limited to, war, civil disturbance, terrorism, fire, floods, acts of God, acts of Government or of any other authorities, accident to or failure of machinery or equipment, requirements or industrial action or changes in itinerary or schedule.