Terms & Conditions
Payment of my deposit is my acceptance of these Terms and Conditions. Please ensure that you have read and agreed to them before confirming your booking:
I understand that I will be participating in the retreat hosted by One and Only Retreats (‘Retreat’) in Western Australia. I further understand that the Retreat may include, but is not limited to, attending workshops and participating in varied physical activities (the “Activities”).
In consideration of joining in the Retreat I agree and acknowledge that I am fully aware that participation may involve risks including, but not limited to, travel and/or transport to and from Perth by bus, public/private motor vehicle, bicycle and/or by other alternative transportation systems. I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
“Cancellation” is defined as not attending the scheduled retreat, including postponing or rescheduling.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions or rights of actions for damages, financial or economic loss, or loss or damage to or loss of property incurred or suffered by me directly or indirectly as a result, in whole or in part from my participation in the Retreat and/or the Activities.
“Released Party” means One and Only Retreats and its representatives (including staff, trainers and volunteers)
I agree and acknowledge: (a) that the Activities may be physically strenuous; (b) I am in proper physical condition to participate in the Activities; (c) that participation could, in some circumstances, result in physical injury, serious physical injury or death; and (d) my physical limitations and am sufficiently aware of those limitations to stop physical Activities before I become ill or injured and will do so.
Waiver and Limitation of Liability
a. Without limiting paragraphs (e) and (f) of this clause 6, for myself and for my heirs, next of kin, executors, administrators and assigns, I fully release, waive and forever discharge any Claims, I may have now or at any other time, against any Released Party and I agree, by accepting the inherent dangers and risks associated with the Retreat and/or the Activities, not to make any Claim against or seek any compensation from the Released Parties in respect of any physical or mental injury, illness or death suffered by me or damage to or loss of property I sustain as a result of my participation in the Retreat and/or Activities;b. Without limiting paragraphs (e) and (f) of this clause 6, I agree to hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim;
c. I acknowledge and agree that no Released Party shall be liable for any personal injury, illness or death, unless caused by the negligence or wrongful act of that Released Party;
d. I accept that this Release and Waiver is reasonable given the nature of the Retreat and Activities.
e. For clarity, and to the maximum extent permitted by law, all Released Parties exclude (i) their liability for death or personal injury arising out of any failure to comply with any guarantee, term, condition or warranty implied or imposed by the Australian Consumer Law or any similar State or Territory legislation and (ii) any rights or remedies available for any such failure to comply.
f. Nothing in this Release and Waiver excludes, limits or modifies the liability of any Released Party for death or personal injury caused by that Released Party's negligence, fraud or fraudulent misrepresentation.
Third parties - The Released Party holds no responsibility for the actions or omissions of third parties or independent contractors, including in the event that they modify the nature of a service on a retreat as compared with the advertised nature of the service.
Medical disclosure
a. I agree and acknowledge that my health and fitness needs to be appropriate for this Activities and that the Released Parties recommends: (a) I should seek medical advice if I am uncertain; and (b) I should not take part in the Activities against that advice.b. The Released Parties reserve the right to refuse any participant the right to commence or require the participant to cease participation in the Activities should they believe it necessary on medical grounds.
c. I acknowledge and agree that if I falsely provide any of the acknowledgements given in this Release or otherwise fail to disclose to any Released Party any matters relevant to my participation in the Activities, and if the Reserved Parties would have not permitted me to undertake the Activities, or continue participation, had I made a full disclosure, the Reserved Parties will not be liable for any personal injury, death or property damage or loss I incur. Nothing in the clause excludes or limits a Released Party's liability for death or personal injury which arises as a result of such Released Party's negligence.
I am aware that there is no obligation for any person to provide me with medical care during the Activities. I understand and acknowledge that: (a) there may be no medical care available during the Activities; and (b) if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered.
If any provision, or part of a provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision is severed from this agreement to the extent that it is unlawful, void or unenforceable. The validity and enforceability of the remaining provisions is not affected.
I have fully read and understand this agreement. I am aware that by agreeing to these Terms & Conditions, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
Use of Images
a. I grant my permission to the Released Party, to record my image, voice, likeness and/or name or any part of them ("Image(s)") in any photographs, motion pictures, videotapes, recordings and other references or records of the Activities and to use my Image for any purpose, including commercial use by the Released Party, their sponsors and their licensees. The Released Party may also authorise third parties to exercise these rights on their behalf. This permission is for use anywhere in the world and on the internet and for an unlimited period of time.b. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of my Image and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use my Image.
c. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified my Image, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, my Image and the creation, use or disposition of them.
d. I irrevocably assign to the Released Party, and to any persons who are authorised by the Released Party, any rights I might have in photographs, motion pictures, videotapes, recordings, or any form of marketing or promotions that use my Image. I have no claims, moral rights or other rights in connection with the use of my Image, and consent to all acts or omissions (whether occurring before or after this consent is given) which would otherwise infringe any such moral rights
Payment Policy
a. To reserve a spot on the Retreat, a 50% deposit is required upon booking. After a confirmation has been emailed to me, my reservation is confirmed. Prices are based per person but DO NOT include travel.b. Final payment must be made at least one month prior to the Retreat date.
c. No amendments are permitted to your Retreat (i.e. Payment made to a specific Retreat cannot be used to transfer to a different Retreat date).
Travel Insurance - I understand that I am encouraged to have my own insurance. I acknowledge that the Released Party is not in the business of providing insurance products and cannot be held liable if I fail to arrange suitable insurance coverage leaving me exposed, medically, financially or otherwise.
Cancellation
a. I understand that depending on the travel insurance policy and conditions, travel insurance may pay for some or all cancellation fees. To optimise my level of protection, this type of insurance generally must be purchased within 14 days of making my reservation with the Released Party.b. If I cancel a Retreat for any reason including due to it being COVID-related, I will not be refunded but may be offered a credit. This is on a case-by-case basis.
c. I understand that the Released Party do not offer credit for arriving late or leaving early.
d. Due to the Released Party needing to commit to accommodation and other arrangements in advance, exceptions to the policy cannot be made for any reason.
e. If the Released Party cancels or changes a scheduled retreat date for any reason, I am entitled to a full credit to use for a future retreat (either scheduled or at some future time within a 1 year window from the date of the original Retreat). The Released Party is not responsible for my expenses incurred in preparation for any cancelled retreat such as other accommodation, travel tickets, loss of work, and/or other costs associated with preparing for my Retreat.
COVID-19 Disclosure
a. The Released Party have implemented a number of precautionary measures to ensure the health and safety of our guests and team and I am strongly discouraged to attend the Retreat if I exhibit COVID-19 symptoms. In the case of any Government enforced restrictions, the Released Party will be guided by the WA Government.b. In the event of Coronavirus (COVID-19) related government closure resulting in the cancellation of the Retreat, I will be contacted via email and presented with options to remedy the cancellation. I will be offered a full credit to another Retreat should COVID-19 be the cause for any retreat to be postponed or I am not able to make it due to a travel restriction. Refunds will not be allowed for any reason. I will have four weeks (28 days) to respond to the Released Party, indicating which option I select. Failure to notify the Released Party within 28 days of the email being sent will infer that I forfeit 100% of my payment to the Released Party.
c. The Released Party is not required to provide a remedy if I am well and don’t wish to attend the retreat due to fears of exposure to COVID-19.
d. I may be asked to get a test within 24 hours from the Retreat and produce a negative result before attending.
Privacy Collection Statement and Declaration
a. The Released Party collects my personal information in order to provide the Activities to me. If I do not provide all the information requested, the Released Party may not allow me to participate in the Activities.
b. One and Only Retreats may disclose my personal information to other Released Parties, anyone One and Only Retreats engages to do something on its behalf such as a service provider, and other organisations that assist in the Retreat.
c. I am responsible for the accuracy and completeness of the information supplied and in particular the supply of personal information to One and Only Retreats. By signing below I am agreeing to the use of my personal information as described in this notice.
I accept and agree to the Terms & Conditions contained in this agreement and agree to my data being used in accordance with the terms of this agreement.