‘xojackie.com’ – General Terms and Conditions

1. Acceptance of our Terms

  1. By visiting, viewing, accessing or otherwise using xojackie.com and/or any materials, information and/or services at xojackie.com or related websites (together, the “Websites”) and/or any of the products, services, or information available on the Websites, including (without limitation) any of our online courses or any service account you create (together, the “Services”), you agree to be bound by the following Terms and Conditions, our Booking Terms and Conditions (where applicable) and our Privacy Policy (together, the “General T&Cs”).
  2. If you do not want to be bound by our General T&Cs, then your only option is not to visit, view, access or otherwise use these Services.  You understand, agree, and acknowledge that these General T&Cs constitute a legally binding agreement between you and XO Productions (ABN: 89 929 076 705) (“we”, “our” or “us”) and that your use of the Services shall indicate your acceptance of the General T&Cs.
  3. You must be at least 18 years of age to use the Services.  By using the Services (and therefore agreeing to these General T&Cs) you warrant and represent that you are at least 18 years of age.

2. Account

  1. In order to access certain Services you must create and register an account (“Account”).  You must provide accurate, current, and complete information during the registration process and keep your Account up to date at all times.
  2. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without authorisation.
  3. You will be liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of these General T&Cs. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of these General T&Cs. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
  4. You may delete your Account at any time. This action may be non-reversible and you may lose all, or some portion of, the data associated with your Account.

3. Provision of Services

  1. You agree and acknowledge that we may modify, delete, improve, update or discontinue any information, materials or services (including those relating to any of our courses) available on the Websites or as part of our Services at our sole discretion and without notice to you, even if it may result in you being prevented from accessing any information or Services.  Also, you agree and acknowledge that we are entitled to provide Services to you through subsidiaries, affiliates, agents or third parties.
  2. We operate the Services in Australia. If you choose to access our Websites and Services from locations outside of Australia, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in Australia. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Services, if and to the extent local laws are applicable to use of our Services. The right to access and use the Services is not granted in jurisdictions, if any, where such access and use may be prohibited or would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.
  3. You agree to use the Services only for purposes permitted by these General T&Cs, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Services or other behavior intentionally or unintentionally threatens our ability to provide the Services or other systems, or violates any of these General T&Cs, we reserve the right to take all reasonable steps to protect the Websites, the Services (and affiliated systems), which may include suspension or termination of your access to the Services, or any portion thereof, or taking legal action, all without notice to you. In connection with your use of the Services, you will not and will not assist or enable others to:
    a. violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
    b. breach or circumvent any agreements with third-parties, third-party rights, or our General T&Cs;
    c. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
    d. send, knowingly receive, upload, download, use, or re-use any material that does not comply with these General T&Cs;
    e. transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
    e. impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or falsely claim that you have an affiliation with us, our employees, another user, or any other person or entity, or have been endorsed by us, our employees, another user, or any other person or entity;
    f. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services, or expose them to liability;
    g. use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services;
    h. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the Materials on the Services;
    i. use any manual process to monitor or copy any of the Materials on the Services, or for any other purpose not expressly authorized in these General T&Cs, without our prior written consent;
    j. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Services, including via a denial-of-service attack or a distributed denial-of-service attack;
    k. attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services, or use any device, software, or routine that interferes with the proper working of the Services;
    l. copy, reproduce, modify, distribute, display, create derivative works of or transmit any Materials or other content on the Services or reverse engineer, decompile, tamper with or disassemble the technology used to provide the Services;
    m. violate, misappropriate, or infringe a third party’s intellectual property or other right; or
    o. otherwise attempt to interfere with the proper working of the Services.
  4. Subject to your compliance with these General T&Cs, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to any Materials made available on or through the Services and accessible to you, solely for your personal and non-commercial use. The use of any part of the Services, except for use as permitted in these General T&Cs, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
  5. We respect your privacy and is committed to protecting your personal information. Our Privacy Policy sets out how we will manage your personal information.

4. Ownership of Copyright and Information

  1. We own or control all right, title and interest (including copyright and other intellectual property rights) in and to the Services and their contents, features, technologies, and functionality (including but not limited to all information, software, text, displays, images, video, works, and audio, and the design, selection, and arrangement thereof) (together, the “Materials”) 
  2. You acknowledge that certain Materials (such as copyright and third-party trade marks and logos) may be owned by third parties and you agree not to infringe the rights of those third parties.
  3. You may access and/or reproduce Materials only for the purpose of viewing such Materials on a personal electronic device (such as your phone or computer).  You may not otherwise use or exploit (including, without limitation, by way of selling, distributing, adapting, editing, changing, transforming, republishing, showing or playing in public (for a commercial purpose), publishing or communicating the Websites or the Materials without our prior written agreement and we reserve all such rights in the Materials.
  4. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services, and requests for technical support or other communications relating to the Services (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you.  By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

5. Permissions

  1. If you wish to discuss obtaining permission to use any Materials please feel free to email us at hello@xojackie.com.

6. Submitted Content

  1. When you submit content to the Services you simultaneously grant us a royalty-free, worldwide, irrevocable, perpetual license to publish, display, modify, distribute, communicate, syndicate and otherwise use in any manner throughout all media such content.

7. Indemnification

  1. You agree to indemnify us (including our representatives, employees, agents and affiliates, together the “Indemnified”) and hold us harmless against any and all liability, loss, claims, demands and/or expenses (including indirect and consequential losses), from any allegation arising out of (or relating to) your use of the Services, or Materials or which the indemnified may incur as a result of any breach by you of these General T&Cs (including a breach of your warranties) or any negligent act or omission by you.

8. No Warranties

  1. You understand and agree that your use of the Services and any information contained on the Websites or in the Services is entirely at your own risk.
  2. We do not promise or warrant in any way:
    a. the Services (including without limitation your account or any part of a course) will be constantly available, or available at all;
    b. the information on the Websites (or on any of Jackie Gillies’ social media pages), or otherwise provided as part of the Services is complete, true or accurate; or
    c. you can rely on or use any information on the Websites, in the Materials or otherwise provided as part of the Services.
  3. We make no representations as to the accuracy or completeness of any information on the Websites or any third party websites found by following any link or direction on the Website.
  4. Nothing on the Websites or otherwise provided as part of the Services constitutes, or is meant to constitute, advice of any kind.  If you require any advice or assistance in relation to any matter (including legal, financial, medical or personal matters), then you should consult an appropriate professional.

9. Report Infringing Material

  1. If you become aware of any material on the Websites that you believe infringes the law or infringes your or any other person’s rights (including copyright, other intellectual property rights), or you have a complaint to make regarding the content of the Websites, you must immediately report this by email to hello@xojackie.com specifying the URL on which the material appears and a description of the relevant material.

10. Termination of Agreement

  1. We may, at any time, prohibit you from using the Services (or any part of the Websites or Materials).  If we notify you of such prohibition, then you must immediately cease using the Services (or the relevant part of the Websites or Materials) and you must not attempt to continue to use the Services.
  2. For so long as you use the Services, these General T&Cs will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of your use of, and access to, the Services, Website and/or Materials.

11. Limitation of Liability

  1. To the maximum extent permitted by law, all express or implied terms, conditions, warranties and representations in relation to any Materials, the Services provided by us (or our affiliates) and the Websites are expressly excluded.  In particular, we make no promises that the Websites will operate on your computer and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of using the Websites (or the Materials) including arising from, or in relation to, any error, action, omission, ‘bug’, interruption, interference, deletion, defect, delay in operation or transmission, communication line failure, unauthorised access to, or alteration of the Websites or Materials, whether negligent or otherwise. We make no promises that the Services will be suitable to your needs and we do not assume any responsibility for (and you agree we will not be liable for) any cost, damage or loss incurred by you as a result of registering for, or participating in, the Services or accessing your services account, whether caused by negligent or otherwise.
  2. In no event will we (including our agents, employees or contractors) be liable for any: (a) direct loss; or (b) indirect or consequential loss (even if we are aware of the possibility of such loss or if such loss was otherwise foreseeable), including, but not limited to, loss of profits, production, data, opportunity or goodwill; or (c) business interruption; however caused and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) arising during and/or as a result of your use of the Services, the Websites or the Materials.
  3. If any of the exclusions or limitations set out in this clause are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these General T&Cs, to the extent permitted by law, our entire liability and your exclusive remedy is limited, in our discretion, to: (a) with respect to the supply of goods: (i) the replacement of the goods or the supply of equivalent goods; (ii) the repair of the goods; (iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or (iv) the payment of the cost of having the goods repaired; (b) with respect to the supply of services: (i) the re-supply of the services; or (ii) the payment of the cost of having the services re-supplied.
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12. Disclaimers

  1. Any information contained or otherwise made available to you through the Websites or otherwise as part of the Services, (including but not limited to information contained in videos, emails, comments, readings or calls) cannot (and are not intended to) replace or substitute for the services of trained professionals in any field, including (without limitation), financial, psychological, medical, health or legal matters. All Services are provided ‘as is’ and is not generally intended to be professional advice to you taking into account your particular circumstances or needs. We do not provide medical advice, diagnosis, or treatment, nor are we a medical service provider. Never disregard professional advice or delay in seeking it because of something you have read, seen, or heard via the Services including in connection with any course. Neither we nor our partners, or any of our or their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss. Reliance on any information provided by us, or others via the Websites or Services, or other visitors to the Services, is solely at your own risk. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Websites, Services and Materials, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.
  2. The information, products and services offered on or through the Services by us and/or any third-party sites are provided ‘as is’ and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable laws, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services including the Websites or any of the Websites’ functions, will be uninterrupted or error-free, that defects will be corrected, or that any part of the Websites, or the servers that make it available, are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of the Services or Materials or on third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.

13. Links from the Websites and Third Party Content and Advertising

  1. The Websites or any other part of the Services may include third-party content or advertising or links to third-party content, advertising and other websites. Links to third-party content, advertising and/or other websites are inserted for convenience and do not constitute endorsement of material or information at those links, or any associated organisation, product or service. Inclusion of third-party content or advertising on the Websites or otherwise as part of the Services does not, in itself, constitute our (or Jackie Gillies’) endorsement of such third party content or advertisement (or the subject matter contained in such content or advertisement).  You acknowledge and agree that unless specifically expressed otherwise, we and Jackie Gillies do not endorse any advertising, products, goods or resources appearing on the Websites or available via links on the Websites or otherwise as part of the Services (and are not responsible for, or liable in any way in relation to, such advertising, products, goods or resources).

14. Jurisdiction

  1. You understand and agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia to resolve any legal matter arising in connection with the General T&Cs (including any use of the Websites).

15. Unenforceable provisions

  1. If the courts of New South Wales, Australia rule that any provision of these General T&Cs is invalid or unenforceable, then that provision will be removed and the remaining provisions will continue to be valid and enforceable.

 16. Changes to the Terms

  1. We reserve the right to modify these General T&Cs from time to time at our sole discretion and without any notice – you agree to regularly check these General T&Cs for updates. Changes to these General T&Cs become effective on the date they are posted and your continued use of the Websites after any changes to these General T&Cs will signify your agreement to be bound by the amended General T&Cs.

17. ADDITIONAL TERMS FOR THE CIRCLE, TRANSFORMU, ELEVATE & ELEVATE PLUS COURSES

  1. By registering for any course offered as part of the Services (including without limitation The Circle, TransformU, Elevate and Elevate Plus (each a “Course”) and/or accessing or using any of the information and materials related to a Course (the “Course Materials”), you agree to be bound by the following additional Course Terms and Conditions (the “Course T&Cs”), which form part of these General T&Cs.
  2. Access to and use of a Course is subject to payment of the relevant fees for that Course, notified to you at the time of registering for a Course (the “Fees”). 
  3. You will be required to provide your credit card number and other information at the time of your initial registration for a Course. Your credit card will automatically be charged the Fees in accordance with the Course payment terms applicable to the Course you select as notified to you at the time of registration and you hereby authorise us to charge your credit card for the then-applicable Fees.
  4. For any Courses offered as an ongoing subscription, we will automatically bill you from the date you pay for access to the Service, and continue to bill you accordingly until cancellation or termination, including any final billing period based on the timing of such cancellation or termination. 
  5. Except in circumstances required by the law, the Fees are non-refundable. All Fees are payable in Australian Dollars, unless otherwise specified. We may change the Fee (excluding pre-paid plans such as annual plans) for the Course, or any element of the Course, but will give you advance notice of these changes via a message to the email address associated with your Account.
  6. If for any reason we are unable to effect automatic payment via your credit card, we will attempt to notify you via email and your Account may be disabled until payment is received.
  7. You are responsible for notifying us of any changes to your credit card information and to update your information if your credit card has expired. We may suspend, terminate and/or otherwise interrupt your access to your Account and the Course if you fail to so notify us. You are responsible and liable for the Fees and any costs and expenses, including solicitor and collection fees, that we may incur in our efforts to collect any remaining balances due from you.
  8. Termination of your Account will not relieve you of any obligation that may have arisen prior to such termination, including the obligation to pay any Fees.
  9. We currently offer the Courses from New South Wales, Australia in English, but you may register for a Course anywhere throughout the world.
  10. You agree to use and access the Courses only for the permitted purposes and as otherwise directed and/or notified by us. If your use of the Course, or other behavior, intentionally or unintentionally threatens our ability to provide the Course, or violates any of these General T&Cs, we reserve the right to take all reasonable steps to protect the Course and our systems, which may include suspension or termination of your access to the Course and your Account, or any portion thereof, or taking legal action, all without notice to you.
  11. You may not reproduce, publish, share or use the Course, Services or Account with any person without our prior written consent.
  12. Certain features of the Courses may permit (a) the posting or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (together, the “User Content”).  You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions.  You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
  13. No person should act on any information, products or services provided as part of a Course before they have formed their own opinion through investigation and research as to the suitability of the information, products or services for their circumstances and/or before obtaining professional advice. Courses are for general educational and information purposes and should not be substituted for medical, legal, accounting, professional or other advice or services. Check with your professional advisor before using and/or relying on information contained in any Course.
  14. We make no express or implied claims that you will receive any financial benefit or achieve any desired outcome as a result of following the Course advice and/or purchasing any other Services.
  15. We may, at any time, prohibit you from using and/or accessing your Account or the Course (or any part of your Account or the Course).  If we notify you of such prohibition, then you must immediately cease using your Account and/or the Course.
  16. For so long as you access your Account or Course, these Course T&Cs will continue to apply. Terms that are to continue in perpetuity shall be unaffected by any termination of your Account. 

ADDITIONAL TRANSFORMU RETREAT BOOKING TERMS AND CONDITIONS

18. Booking Terms

  1. By booking a TransformU retreat, you are agreeing that you have also read, understand and agree to comply with and be bound by, these ‘TransformU Retreat Booking Terms and Conditions’ which will be supplemented with further documents, details, policies, guidelines and 3rd party service providers’ agreements, waivers and/or releases.  These terms are governed by and must be construed in accordance with the laws of the State of New South Wales, Australia.

19. 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 these terms 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.

20. 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.
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21. 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.

22. 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.

23. 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). We do not take any responsibility for changes in travel plans, change of mind, or transport changes.
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24. 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 we are 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.

25. 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.

25. 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. 
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25. 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.
  6.  

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