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.
1.5. 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.
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.
6.1. 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 firstname.lastname@example.org.
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.
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.