EMERGENCE RETREAT TERMS & CONDITIONS
In this Consent Form “We”, “our” and “us” means Rachael Sardelich t/a PLANET QUEEN and their employees, agents and contractors.
By agreeing to attend the retreat, you agree to be bound by this Form.
Our responsibilities
We will endeavor to monitor the behavior of other participants on the retreat, and to safeguard your wellbeing. But we are not liable to you for their behavior or any harm they may cause you, or if we fail to take any specific action against them.
Privacy policy
We will respect your privacy and will treat as confidential any information (medical or otherwise) about you. We will not disclose it to any person other than our employees and contractors without your consent unless required by law to do so, or if needed for medical treatment.
Travel insurance
Because the retreat is being held in a regional area, there may be unforeseen risks and challenges. They include, but are not limited to, swimming, hiking, car transport, yoga, forces of nature, terrorism and accident in remote regions without means of rapid evacuation or availability of medical supplies and facilities. It is therefore essential that you are well prepared and have at least a basic domestic travel insurance package to safeguard your medical and financial wellbeing.
Although we need to know that you have insurance, we can’t advise on its appropriateness or adequacy. Please discuss that with your insurer.
Non Refundable Deposit
The $500 deposit and any other payments paid by you, under this enrolment form and as per the conditions indicated by email and on Rachael Sardelich’s website, to Rachael Sardelich are not refundable. A deposit and/or payment may be transferred to a future retreat date within 12 months.
Cancellation Policy
All bookings require a $500 deposit to secure your place. This is included in the full price of the retreat booking. If you wish the cancel, the deposit is non-refundable.
If you wish to cancel a booking and the request is received with more than 60 days notice before your arrival date, you will be offered the opportunity to reschedule to a future retreat or receive a refund minus your $500 booking deposit.
If your booking cancellation is received between 60 days and 30 days before your arrival date, there will be no monetary refunds. The booking, however, can be transferred to another future retreat.
If your booking cancellation is received within 30 days of your arrival date, any fee paid will not be refunded and the booking is non-transferable to another date. This includes unforeseen issues such as date clashes, illness or COVID diagnosis.
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.
Scheduled Payments
You agree to pay all deposit payments, as per the schedule underlined in your booking confirmation, on the lead up to the retreat. You agree to pay an initial $500 non-refundable deposit to secure your place and 3 x payments until your full retreat investment has been paid. All deposits and payment plans are sent as an invoice via Xero with a link to a GOCARDLESS platform, for you to process with your chosen card. After your initial payment, you will be sent an invoice 7 days before the next payment is due. One the due date, the full amount will be direct debited from your account. If the payment fails to be processed, my team will contact you to process the payment. If payment is not received within 7 days a 20% late penalty shall be charged to the balance. I reserve the right to suspend access to the journey if payments are not received within 7 days of contacting you, unless an alternative agreement is made.
Your responsibilities
You have certain responsibilities to us and other participants as set out in this Form. Throughout the retreat, our decisions will be final on all matters concerning the safety and wellbeing of participants. If you have any condition (medical or otherwise) that might affect other participants’ enjoyment of the retreat, you must advise us at the time of agreeing to the terms in this Form. If you fail to do so we may, at any time, terminate your participation in the retreat.
You must not engage in any behaviour that we regard as bullying, harassment , discriminatory, unlawful, disrespectful, or that may threaten anyone’s safety. If you commit any unlawful act when on the retreat, or fail to comply with my reasonable directions about any matter, or breach your responsibilities or agreements in this Form, or for whatever reason we believe your behaviour is causing or likely to cause danger, disrespect, distress or annoyance to other participants, we may immediately terminate your participation in the retreat. If that happens, for whatever reason, you are not entitled to any compensation or refund.
Smoking
You must not smoke or vape at the retreat venue.
Health
You should consult your doctor for up-to date medical travel information well before departure. For legal reasons, while on the retreat we cannot give any medical advice or treatment, or administer any type of drug, including headache tablets or antibiotics. If you are injured or become ill, we may, at your cost, arrange medical treatment, evacuation or any other medical services that we believe are necessary or desirable for your safety or wellbeing. We are not responsible for the consequences, quality or appropriateness of that treatment, action or Services.
If a medical or other condition prevents you from participating in any scheduled activity you must notify us before arrival. We may at any time exclude you from all or part of the retreat without compensation or refund if we believe you are unable to complete the itinerary without undue risk to yourself or other participants. We will rely on the accuracy and completeness of all information you give me about your medical background, and we are not required to undertake any further investigation.
If at any time during the retreat you are unwell or injured or feel undue discomfort you must notify us immediately.
If you test positive for COVID-19 before the retreat you must notify us immediately. There will not be a refund but we will do our best to resell your ticket, and if successful you will be reimbursed the monies paid to us to date. For this reason we strongly recommend that you have domestic travel insurance in place that covers covid-related cancellation.
If you test positive for COVID-19 at the retreat we request that you notify us immediately, remove yourself from the retreat and the full amount of investment for the retreat will be forfeited.
Personal Belongings
We are not liable for the theft or loss of or damage to any of your personal belongings during the retreat. This includes any items left behind on the premises.
Your Negligence, etc
If, because of your negligence or deliberate act or omission, any equipment, premises, car, public or private property or land is damaged, domestic or wild animal is injured or killed, flora is damaged or destroyed, or any person is injured, harmed or killed, then you are liable for any repair, replacement, medical and other associated costs, and any fine or penalty imposed by any relevant Authority.
Indemnity
You agree and acknowledge that participation in any of the Activities could constitute a risk of serious injury to myself, including permanent paralysis or death. You voluntarily and knowingly recognise, accept and assume this risk and warrant that you are physically fit and able to perform the Activities without risking serious injury, including permanent paralysis or death. You acknowledge that neither us, our owners, teachers or employees and contractors or assistants be, nor be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever), for any injury, illness or other mishaps you may sustain arising from or out of, or in any way directly or indirectly connected with the Activities in this retreat.
You indemnify and will at all times hereafter well and sufficiently indemnify and keep fully indemnified us, our owners, teachers, facilitators, representatives or employees of Rachael Sardelich from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against us, our owners, teachers, representatives or guests, incurred or become payable by us, our owners, teachers or guests in connection with or arising out of any such injury, illness or mishap to you on retreat with Rachael Sardelich.
Marketing photos and videos
You permit us to make any type of lawful recording of yourself during the retreat (whether visual, audio or both).You also permit us to use that recording (in its original or any altered or enhanced state) for any marketing purpose (including website, promotional material, press releases and other forms of public display). You are not entitled to any compensation for or notice of such use. However, we will not insert your name in that recording without your consent.
Force Majeure
We will not be in breach of this agreement, or any way liable to any party, if it is prevented from complying with this agreement by reason of act of God, act of public enemy, act of terrorism, war, earthquake, riot, explosion, pandemic, compliance with any law or government restraint order, rule regulations, strike, lockout or any other cause not reasonably within our control. In the event of a force majeure, We will seek to move the retreat date within 12 months from the original booking window.
Behaviour & Noise Policy
The retreat space and I do not tolerate parties on the property. Please respect the neighbours and other guests and keep noise to a minimum. Unreasonable noise will not be tolerated after 10:00 pm. The full amount for the retreat will be lost if noise does not cease after 10:00 pm. We reserve the right to request people who are making too much noise at any time of the day or night to leave. In this case the full investment for the Retreat and Accomodation will be forfeited. A security company or police may be called to investigate complaints of excessive noise or anti-social behaviour. Any charges incurred by the security company or police will be charged directly to you.
Cleaning & Laundry
The rooms and bedding will be cleaned before and after your departure. If you would like the rooms to be cleaned during your stay, please let us know and we will organise the logistics of these services for an additional cost. If you’d like the common areas to be cleaned during your stay, you can also request this at an additional cost.
Additional charges
We reserve the right to charge guests for the following, but not restricted to, all damages and breakages, lost keys, towels and missing items, late departure and extra cleaning. Any additional charges will automatically be charged to you.
Refunds
We will do our best to ensure high quality of the content and your experience on the 2023 Business Alignment Retreat. As such, no refunds will be processed after the commencement of retreat.
Limit of Liability
To the extent permitted by law, you waive and indemnify me against any claims, demands, damages and causes of action of any nature (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) which you may have against me as a consequence of participating in the retreat. To the extent permitted by law, this Form excludes all statutory warranties and liabilities in relation to my services that can be excluded. Of course, your nonexcludable statutory rights are not affected. If a statutory warranty cannot be excluded, our liability to you for breach of the warranty is, at our choice, to resupply services (or pay for the cost of their resupply), or refund the amount you have paid to us for those services. If we have agreed to resupply services (or pay for the cost of their resupply) and you refuse or prevent their resupply, you are taken to have unconditionally accepted the original services, and we have no further liability to you.
Our maximum liability for damages (whether arising from negligence, breach of contract, breach of express or statutory warranty, breach of other obligation, misrepresentation, or otherwise) is the amount you have paid to us for the retreat or for the relevant service. We are not liable to you for death, injury, illness, distress, loss or damage caused by an event or circumstance beyond our control, or for any act or omission of a person who provides services to us (whether with or without your approval), or for failure or delay in providing services, or for breach of contract expenses, or any other indirect or consequential loss.
Other Legal Matters
This Form is legally binding on you and your heirs and personal legal representatives and by ticking the terms and conditions box during the payment process you agree you are legally bound. This Form (with the “Emergence Retreat” terms & conditions) is the entire agreement between you and us in relation to the retreat. Alleged oral representations by us or anyone on my behalf are excluded. Any part of this Form that is unenforceable is to be varied to the extent required to preserve the purpose and remainder of this Form or, if necessary, omitted. We do not waive any part of this Form unless we sign a written waiver.
The laws of New South Wales, Australia, govern this Form.
Any claim relating to this Form or your actual or proposed participation in the tour must be submitted to the exclusive jurisdiction of the Courts of New South Wales, Australia. If you have a claim against us, you are taken to have abandoned it if you do not commence legal proceedings against me within 6 months from the date the claim arose.
You acknowledge that you have had ample opportunity before signing this Form to get independent legal advice about it.
By ticking the appropriate box at the payment page I agree to the terms and conditions in this Form.
Cancellation by Rachael Sardelich:
Rachael Sardelich reserves the right to cancel a retreat at all times up to and including the first day of the retreat has as its sole and unfettered discretion the choice to terminate this contract on the basis that not enough people or customers have booked or arrived at the retreat, terrorism, natural disasters, political instability, pandemics or other external events. Whether or not enough people/customers have attended any retreat will be decided by Rachael Sardelich in its sole, absolute and unfettered discretion. If Rachael Sardelich terminates this contract for the reasons outlined above then Rachael Sardelich will offer a credit (to be used within 12 months) to the Customer equal to the amount of money paid by the Customer for it to spend on any service provided by Rachael Sardelich.
We are not responsible for any incidental expenses that you may have incurred as a result of your booking such as flights, accommodation or transport.
Liability
We contract with numerous companies and individuals to assist in the running of our retreats. We are not responsible for any act or omissions by a third party.
Any inquiries related to our term & conditions please contact rachael@rachaelsardelich.com.