Terms of Service

TransformU Retreat Booking Agreement - Terms & Conditions

By booking a TransformU retreat, you are agreeing that you have read, understand and agree to comply with and be bound
by, these ‘TransformU Retreat Booking Terms and Conditions’ which govern the agreement between XO Productions (ABN: 89 929
076 705) (“we”, “our” or “us”) and you (the “Booking Agreement”) and which will be supplemented with further
documents, details, policies, guidelines and 3rd party service providers’ agreements, waivers and/or releases.

  1. Booking and Cancellation Policy
    1. 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.
    2. 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 this Booking Agreement and rules of the Retreat.
    3. Payments for the booking are paid up front, in advance and are non refundable.
    4. 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.
    5. 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.
    6. We do not refund for change of mind or calendar clashes.
    7. 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.
  2.  Pricing and Fees
    1. 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.
    2. 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.
    3. 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.
  3.  Changes to Retreat Program
    1. 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.
    2. 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.
    3. 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.
  4. Third party service providers
    1. 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.
    2. 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.
  5. Travel Insurance and Requirements
    1. 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.
    2. We strongly recommend that you purchase travel insurance (including for medical and cancellation coverage).
      TransformU does not take any responsibility for changes in travel plans, change of mind, or transport changes.
  6. Participation
    1. 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.
    2. No element of the retreat is intended to or should be relied upon as psychological, legal, financial, relationship,
      personal or professional advice.
    3. Please note that by participating in the retreat program you do so at your own risk and TransformU is 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.
  7. Responsibly and Liability of Retreat Participants
    1. 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.
    2. 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.
    3. As a retreat participant, you agree:
      1. To conduct yourself with personal responsibility and at the Retreat
      2. 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;
      3. 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;
      4. 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;
      5. 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
      6. To respect the privacy of other retreat participants and keep confidential any information you learn
        about other participants during the retreat.
  8. Release and Content Restrictions
    1. 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.
    2. 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.
  9. Indemnity and Liability
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
  10. Personal Information
    1. We respect your privacy and is committed to protecting your personal information. Our Privacy Policy sets out
      how we will manage your personal information.
  11. General
    1. This Agreement is governed by and must be construed in accordance with the laws of the State of New South
      Wales, Australia. The parties submit to the non-exclusive jurisdiction of the Courts of the State of New South
      Wales, Australia.
    2. If the whole or any part of any clause of this Agreement is illegal or unenforceable, that part or whole of that
      clause will be severed and will not affect the continued operation of the remaining provisions.