Retreat Terms & Conditions
1. THESE TERMS
1.1. These terms apply if you make a booking to attend one of Upstate Studios’ Retreats. In this document Upstate Studios is also referred to as ‘we’, ‘us’ and ‘our’.
1.2. If anything in this document differs from what you have been told by Our People, this document will take precedence.
1.3. By placing your booking for our Retreats either online, in studio, by email or by telephone you accept and agree to abide by these terms and conditions.
1.4. By providing your Personal Information to us, you agree to our Privacy Policy.
1.5. We have not waived your rights if we do not enforce any right contained in these terms during a particular time frame.
1.6. We may update these terms and conditions from time to time. The most up to date version of these terms will always apply. Copies of the current version of these terms are available on our website.
If we make any changes, we will provide14 days notice by:
(a) putting a notification on our website; or
(b) contacting you via email.
2. TRAVEL ARRANGEMENTS
2.1. Upstate Studios Retreats include the accommodation, Classes, meals and activities which are specified as included in your booking.
2.2. Upstate Studios Retreats does not include insurance, taxes, airport transfer, air fares or other travel costs outside of the specified inclusions. It is your responsibility to:
(a) make arrangements and pay for travel to and from our Retreat locations;
(b) ensure that you have a valid passport, visa and re-entry permits which meet the requirements of the immigration and other government authorities in the Retreat locations (‘Travel Documents’).
2.3. By making a Retreat booking with us you warrant that you have all Travel Documents required to attend the Retreat.
2.4. Any fines, penalties, payments or expenditures incurred as a result of Travel Documents not meeting the requirements of those authorities will be your sole responsibility.
2.5. We strongly recommend that you take out appropriate travel, cancellation and medical insurance for the duration of the trip.
2.6. You must familiarise yourself with any health requirements and recommended precautions relevant to your travel to our Retreats and ensure that you carry all necessary vaccination documentation. You should consult with your local doctor, travel medical service or specialist vaccination clinic before commencing your travel to our Retreat. DFAT also provides general destination heath advice on its website smarttraveller.gov.au.
3. YOUR AGE AND HEALTH
3.1. You must be aged 18 years or over to participate in our Retreats.
3.2. Upon each booking of a Retreat, and each time you attend one of our Retreats and participate in Retreat Classes, you warrant that:
(a) you are in good medical and physical condition; and
(b) there is no reason, medical or otherwise, why you should not participate in the Classes.
3.3. We reserve the right to refuse you from participation in a Retreat or from parts of a Retreat or Retreat Classes, whether you have paid in advance for the Retreat, or not, if we:
(a) perceive a reasonable risk of injury to you or any other person due to your participation; or
(b) perceive that you have an infection, contagious illness, physical ailment or open cut or sore; or
(c) determine that your behaviour is disruptive to other students and the overall Retreat experience.
3.4. By participating in any Retreat and each Retreat Class you agree to the following:
(a) you will comply with all directions and policies connected to your participation;
(b) you acknowledge that any type of exercise involves risk of injury which may result in death or serious disability;
(c) despite such risk you agree that you participate entirely at your own risk of injury or bodily harm to yourself and others;
(d) you release us and all of Our People and any other persons involved in your participation in any Classes from any action, claim, suit or demand for compensation whether for damage to property or personal injury arising from your participation;
(e) you understand that these terms are contractual and may be relied upon in any proceedings by or involving you and your heirs, executors and assigns;
(f) to the fullest extent permitted by law, we make no warranties about the goods or services we supply. Where you have the benefit of guarantees that cannot by law be excluded or varied, our liability for breach of any such guarantee is limited (at our option) to:
(i) repair or replacement of goods;
(ii) re-supply of services;
(iii) payment of the cost of same.
(g) Our People:
(i) are not medically trained;
(ii) are not qualified to assess if you are in good physical condition;
(iii) are not qualified to assess if you are physically capable of yoga or other active or passive exercise without risking your health, safety or comfort.
3.5. We strongly suggest you seek medical advice before participating in our Retreats.
3.6. If you require medication you are responsible for bringing, maintaining and using these as per the advice of your medical practitioner or chemist.
4. PERSONAL CONDUCT
4.1. As a retreat participant, you agree to the following:
(a) To conduct yourself with personal responsibility and at the Retreat;
(b) 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 Our People, 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.
(c) During any “down/free time”, you are liable for the activities that you undertake and do so with the knowledge that Our People are not liable for your decisions;
(d) Any intake of alcohol or legal / illegal drugs are done so at your own risk and Our People are not held liable for consequences arising out of your actions in this regard.
5. LIABILITY
To the maximum extent permitted by law, neither we nor any of our related bodies corporate, directors, employees or agents accept any liability in contract, tort or otherwise for any injury, damage, loss (including consequential loss), delay, additional expense or inconvenience caused directly or indirectly by the acts, omissions or default, whether negligent or otherwise, of third party providers over whom we have no direct control, force majeure or any other event which is beyond our control or which is not preventable by reasonable diligence on our part.
6. FEES
6.1. Our current fees for our Retreats are available on our website. Retreat fees do not include airfares or other travel costs, insurance or taxes.
6.2. To secure your spot on our Retreat, you must pay a $500 non-refundable deposit.
6.3. 50% of the remaining balance owing must be paid no later than 90 days prior to the start date of the Retreat, or we reserve the right to cancel your spot at the Retreat and retail the deposit.
6.4. The remaining balance owing must be paid no later than 60 days prior to the start date of the Retreat, or we reserve the right to cancel your spot at the Retreat and retain the deposit.
6.5. If you book 60 days or less prior to the start of the Retreat, you must pay full amount at time of the booking.
6.6. Payment of deposit and final balance payment of fees for your Retreat is to be paid via bank transfer or credit card.
6.7. Fees for our retreats are subject to availability and we reserve the right to withdraw or change our fees for a retreat, and to change retreat itineraries, at any time prior to booking.
6.8. There will be no refunds of Retreat fees in any circumstances except for those listed below.
6.9. Transfer of bookings for our Retreats are not permitted.
6.10 Any special discounts will be applied on final balance payments.
7. GUEST CANCELLATION POLICY
7.1. Upstate Studios does not offer refunds outside of those dates listed below. This is due to the prepaid nature that we must adhere to with our Facilities.
7.2. You acknowledge and agree that:
(a) your $500 deposit is non-refundable in all circumstances;
(b) if you cancel 90 days or more prior to the Retreat, the full amount you have paid (if applicable) with exclusion of the non-refundable $500 deposit will be refunded to you.
(c) if you cancel 90 – 61 days to the Retreat, you will forfeit 50% of all payments made towards the Retreat.
(d) if you cancel 60 days or less prior to the Retreat, you will forfeit 100% of all payments made towards the Retreat.
7.3. Exceptions to our policy cannot be made for any reason, this is why it is imperative to get travel insurance as soon as you have paid the deposit. Please make sure that natural disasters and personal injuries are covered. We do not offer credit for arriving late or leaving early.
7.4. All cancellations must be made in writing via email to retreats@upstatestudios.com.au.
8. UPSTATE STUDIOS CANCELLATION POLICY
8.1. Upstate Studios may cancel the Retreat if a minimum quota of attendees has not been reached within 60 days prior to Retreat start date.
8.2. Upstate Studios is not responsible for any expenses incurred in preparation for any cancelled Retreat, such as airline tickets, loss of work, and/or other costs associated with preparation for your trip. It is imperative to get travel insurance as soon as you have paid the deposit.
8.3. Upstate Studios shall not be liable for any failures beyond its control. This covers natural disasters, war, ‘acts of God’, closure of airports, civil strife, accidents or failure to perform by third parties, including suppliers and subcontractors that cause a delay or cancellation of Retreat or it’s services.
8 GOVERNING LAW
These terms are governed by the laws of Victoria, Australia and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
9 DEFINITIONS
Classes means all classes (including Yoga, Boxing and Pilates), workshops and sessions (whether group or individual) with Our People.
Facilities means the premises in which the Retreat is located as well as all its contents.
Our People means any staff or contractors of Upstate Studios.
Personal Information means any information capable of identifying an individual including name, address, phone number and email address.
Retreat means the Yoga, Boxing & Pilates retreats organised by Us at various locations from time to time which may include Yoga, Pilates, meditation and related activities, as well as accommodation and meals. Individual retreat activities, itineraries, fees and payment arrangements, and availability will be in accordance with individual retreat descriptions posted on our website, and may be subject to change.
PARTICIPATION WAIVER
NOTE: Participation Waivers for each Retreat will be sent out once your booking is confirmed.
Participation in recreational activities at the Upstate Studios Retreat (Activities) is entirely voluntary, but to participate you must read, understand and agree to this form.
RISK WARNING: I acknowledge and agree that there are risks participating in the Activities which may result in personal injury to myself. The risks extend to physical or mental injury (including aggravation, acceleration or recurrence of any physical or mental injury), illness or death, as a result of, but not limited to:
- – slipping or tripping on floor surfaces;
- – falls;
- – the effects of weather including high heat, humidity and/or wet and slippery conditions;
- – dehydration;
- – over exertion;
- – encounters with insects, wildlife or other animals;
- – the acts and/or omissions (including negligent ones) of other participants participating in the Activities;
- – failure to follow instructions in relation to participation in the Activities; and
- – all other such risks being known and appreciated by me.
DECLARATION, WAIVER AND RELEASE: In consideration of, and as a condition of acceptance of my participation in one or more of the Activities, I declare and agree that:
- I am physically able to participate in the Activities I choose to participate in. I am not aware of any medical condition or any other reason why I should not participate in the Activities I choose to participate in and that I have not been advised by a qualified medical practitioner not to participate. If I become aware of any medical condition during participation, which is of risk to my health, I will withdraw from or discontinue my participation.
- My participation is at my own risk and I acknowledge the above risk warning together with the Warning Under the Australian Consumer Law and Fair Trading Act 2012 below.
- To the fullest extent permitted by law, I release all those entities and persons associated with the operation of the Activities, including
- Upstate Balaclava Pty Ltd (ABN 84 627 778 590), together with their respective employees, agents, contractors, representatives and officers (the ‘suppliers’), from and against any claims of any kind (whether at tort, contract or statute) including personal injury, death or property damage, however caused (including negligence) arising out of or in connection with my participation in the Activities.
- I indemnify the suppliers, from and against any claims made against them arising from personal injury, death or property damage caused to another person by me in the course my participation in the Activities.
- I consent to photographs being taken of me during my participation in Activities, and acknowledge that any images are the property of the organisers and that they may use such images for the purpose of promoting the Upstate Studios’ Retreat(s), the Activities or other purposes without further consent being necessary.
- I consent to receiving medical treatment if unable to provide consent at the time such treatment is deemed to be required.
I hereby release, waive liability, discharge, hold harmless, indemnify, and covenant not to sue the Suppliers due to any and all loss, damage or liability incurred in connection with my participation in one or more of the Activities.
WARNING UNDER THE AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012: If you sign this form, you will be agreeing that your rights to sue the supplier under the Australian Consumer Law and Fair Trading Act 2012 (Vic) (VACL) are excluded, restricted or modified in the way set out in this form, if you are killed or injured because the services provided were not in accordance with the statutory guarantees outlined below.
Under the Australian Consumer Law (Victoria), several statutory guarantees apply to the supply of certain goods and services. These guarantees mean that the supplier is required to ensure that the recreational services it supplies to you-
- are rendered with due care and skill; and
- are reasonably fit for any purpose which you, either expressly or by implication, make known to the supplier; and
- might reasonably be expected to achieve any result you have made known to the supplier.
Under section 22 of the VACL, the exclusion of these statutory guarantees is brought to your attention by this form.
NOTE: The change to your rights, as set out in this form, does not apply if your death or injury is due to gross negligence on the supplier’s part. Gross negligence, in relation to an act or omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission. See regulation 5 of the Australian Consumer Law and Fair Trading Regulations 2012 and section 22(3)(b) of the VACL.
In addition to the foregoing, this form does not seek to exclude or limited any liability that cannot by law be excluded or limited, including the consumer guarantees provided under the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth).
