MAGNETIC MINDFULNESS CO - MOVEMENT, MIND & MAGIC RETREAT - TERMS & CONDITIONS

Alessandra Knez t/as Magnetic Mindfulness Co (ABN: 97 294 697 846) (Magnetic Mindfulness Co) invites you to attend the Movement, Mind & Magic Retreat (Retreat) to be held from 3rd of June 2024 (Commencement Date) to 10th of June 2024 at Belajar Bali Boutique Hotel & Retreat, Jl. Pantai Batu Bolong Gg. Bulan No.4, Canggu, Kec. Kuta Utara, Kabupaten Badung, Bali 80361, Indonesia (Property). The details of the Retreat have been made available to you via Magnetic Mindfulness Co's website (wwww.magneticmindfulnessco.com) (Website).

1. Agreement

By accepting the invitation made by Magnetic Mindfulness Co to attend the Retreat, You are agreeing to these terms and conditions. The following constitutes a legally binding contract between You and Magnetic Mindfulness Co (Agreement):

(a) the details set out on the sales page of the Website at www.magneticmindfulnessco.com (Retreat Sales Page);

(b) the details provided by you on the application page of the Website (Application Page);

(d) the Release and Waiver contained at the end of this Agreement (Release and Waiver); and

(e) any details provided to You in writing regarding the Retreat.

2. Party and Retreat Details

(f) Your details are as provided by you on the Application Page (You, Your).

(g) The retreat details are set out on the Retreat Sales Page.

(h) The fee for the retreat (Retreat Fee) is set out on the Retreat Sales Page.

3. Retreat Registration and Deposit

(a) The Retreat Fees are as follows:

(i) $3,888 is the Retreat Fee in full

(b) If You are offered the “early bird” pricing, You will receive $222 off the Retreat Fee if you pay in full and $111 off the Retreat Fee if you pay on a payment plan.

(i) a deposit of 10% of the Retreat Fee is payable at the time of submitting Your application (‘Deposit’);

(ii) 40% of the Retreat Fee is payable 30 calendar days after submitting Your application form; and

(iii) the remaining 50% of the Retreat Fee is payable 90 calendar days prior to the Commencement Date (‘Final Payment Due Date’).

(d) Your place at the Retreat is only secured once:

(i) Magnetic Mindfulness Co has received Your Deposit; and

(ii) You have returned a signed copy of the Release and Waiver.

(e) The Retreat Fees are payable by the method prescribed on each invoice.

(f) If Magnetic Mindfulness Co does not receive Your total Retreat Fee on or before the Final Payment Due Date and has been unsuccessful in reaching an agreement for the payment of the outstanding Retreat Fee, Your place in the Retreat may be forfeited and offered to another applicant. The forfeiture of Your place in the Retreat is to be determined at the sole discretion of Magnetic Mindfulness Co.

(g) If any payment under this Agreement is not made in full on the due date, Magnetic Mindfulness Co is entitled to charge You interest at the rate of 5% per annum, calculated daily.

(h) You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Magnetic Mindfulness Co for steps taken to enforce payment terms will be recoverable and payable by You.

(i) Unless otherwise stated, all amounts are listed in Australian Dollars (AUD) and are GST exclusive, being goods and services tax as defined in A New Tax System (Goods and Services Tax) Act 1999 (Cth), exclusive amounts. Where the services are provided outside Australia, GST is inapplicable.

4. Fee Inclusions and Exclusions

(a) The Retreat Fee inclusions are set out on the Retreat Sales Page.

(b) The Retreat Fee excludes:

(i) excess baggage charges;

(ii) Visa and Passport fees;

(iii) domestic and international flights;

(iv) airport transfers to the accommodation;

(v) any fees payable because of damage caused to the Property by You;

(vi) travel insurance;

(vii) alcoholic and non-alcoholic beverages; and

(viii) snacks.

5. Cancellation Policy and Refunds

Cancellation by Magnetic Mindfulness Co prior to the Retreat

(a) Magnetic Mindfulness Co will use Its best endeavours to ensure the Retreat goes ahead, however, Magnetic Mindfulness Co reserves the right to cancel the Retreat at any time prior to the Commencement Date for any reason. If this does occur, You will receive a full refund of the Retreat Fee paid.

(b) In no circumstances will Magnetic Mindfulness Co be responsible for any other amounts including, but not limited to, airfares, accommodation, losses, damages or preparation costs.

Cancellation by You prior to the Retreat

(a) If You wish to cancel Your booking You must do so in writing to info@magneticmindfulnessco.com.

(b) Magnetic Mindfulness Co offers a 14-calendar-day cooling off period from the date You submitted Your application form (‘Cooling Off Period’). You will receive a full refund of any monies paid if You cancel Your booking within the Cooling Off Period.

(d) You may suggest a replacement participant to Magnetic Mindfulness Co, and such participant will only be accepted upon written confirmation to You by Magnetic Mindfulness Co. Magnetic Mindfulness Co reserves the right to refuse any suggested participant at their sole discretion.

(e) If a replacement participant is accepted by Magnetic Mindfulness Co, and if the replacement participant agrees to the Retreat terms and conditions, Magnetic Mindfulness Co will provide you with a full refund of the Retreat Fee paid by you upon full payment of the Retreat Fees by the replacement participant.

(f) If a replacement participant is rejected by Magnetic Mindfulness Co, any monies paid will be forfeited.

Cancellation by Magnetic Mindfulness Co during the Retreat

(g) When You book a Retreat with Magnetic Mindfulness Co, You agree to properly conduct yourself during the Retreat particularly if You choose to consume alcohol.

(h) Magnetic Mindfulness Co may cancel Your participation in the Retreat at any time after the Commencement Date if You are found to be in the possession of an illegal substance or Magnetic Mindfulness Co determines that You are behaving in a way that is causing, or is likely to cause, danger or upset to any other participant of the Retreat or to cause damage to the Property.

(i) If Your participation in the Retreat is terminated (excluding You from further participation in The Retreat), Your return home shall be at Your sole expense, arrangement and risk. No refund of any kind will be available.

Cancellation by You during the Retreat

(j) You may at any time after the Commencement Date choose to cancel Your participation or cut short Your involvement in The Retreat.

(k) You must detail Your cancellation in writing to info@magneticmindfulnessco.com.

(l) If Your participation in the Retreat is terminated (excluding You from further participation in The Retreat), Your return home shall be at Your sole expense, arrangement and risk. No refund of any kind will be available.

6. Force Majeure

(a) If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond Magnetic Mindfulness Co’s control including but not limited to: any strike, lock-out, shortage of labour and materials, delays in delivery of materials, failure of other trades/contractors to complete necessary work in a timely manner, unexpected issues arising through the renovation process, a pandemic, riot, political or civil disturbances or inclement weather; You agree that You will not have any claim against Magnetic Mindfulness Co for damages or otherwise.

(b) If a force majeure event occurs, Magnetic Mindfulness Co will not be considered to be in breach of this Agreement in any way.

7. Informed Decision

(a) Before agreeing to these Terms and Conditions, You acknowledge and agree that Magnetic Mindfulness Co is not a travel business, and that Magnetic Mindfulness Co is arranging a bespoke and tailored itinerary and set of activities for participants.

(b) You acknowledge that You have read all information issued to You by Magnetic Mindfulness Co that describe The Retreat.

(c) You are responsible for Yourself while participating in The Retreat, and the potential health, safety, and other risks associated with Your participation in The Retreat, including but not limited to accidents or illness, Covid-19 or other pandemics, disease, poor sanitation, inadequate medical care and facilities, terrorism, Acts of God, accidents, crime, the hazards of travel by air, train, boat, and motor vehicle, poor weather conditions and natural disasters, rest with You.

(d) You have taken the opportunity to ask any questions You may have about The Retreat, and the responsibilities and risks involved, and You have willingly and freely assumed any and all risks associated with domestic and international travel and The Retreat in general.

8. Responsibility for Preparation

(a) You agree to attend to all preparation for The Retreat as may be required.

(b) You warrant that Magnetic Mindfulness Co (and Magnetic Mindfulness Co relies on such warranty) Your physical condition and health are suitable to participate in The Retreat, and You have and will take any necessary medical precautions before embarking on The Retreat (and during The Retreat if necessary).

9. Intellectual Property Rights

(a) You agree that any works, items, materials or information produced or developed by Magnetic Mindfulness Co or under Magnetic Mindfulness Co’s direction pursuant to or in the course of providing the Retreat will remain the sole and complete property of Magnetic Mindfulness Co.

(b) If Magnetic Mindfulness Co provides any intellectual property to you as part of the Retreat (such as workbooks or presentation notes or slides), Magnetic Mindfulness Co grants You a non-exclusive and non-transferable license to use that material only for the purpose of facilitating the Retreat.

10. Disclosure and Use of Confidential Information

(a) All obligations of confidentiality set out in this Agreement continue in full force and effect after the Retreat has ended. For the purpose of this Agreement, Confidential Information means information that is not generally available to the public.

(b) Either Party must not disclose any Confidential Information to any third-party without the other Party’s, or other participant’s prior consent.

(c) Each Party must keep confidential any Confidential Information shared during the Retreat. If a Party becomes aware of a breach of this obligation, that Party will immediately notify the other Party.

(d) This Agreement prohibits the disclosure of Confidential Information by either Party except in the following circumstances:

(i) If the disclosure is to a professional adviser for it to provide advice in relation to matters arising under or in connection with this Agreement and the other Party has consented to the disclosure of such information to the professional adviser;

(ii) if the disclosure is required by applicable law or regulation; or

(iii) if the confidential information is already in the public domain at no fault of the other Party.

11. Travel Insurance

Magnetic Mindfulness Co recommends that You purchase adequate and relevant travel insurance. It is Your responsibility to purchase adequate and relevant travel insurance to cover You for any instance including loss, damage or illness.

12. Health and Health Insurance

(a) You acknowledge that You are responsible for obtaining all recommended and necessary immunisations and vaccinations.

(b) You warrant that You are responsible for educating and informing yourself and discussing with your health care provider diseases, illnesses, and other health concerns that may result from traveling and participating in The Retreat.

(c) You understand and acknowledge the health risk associated with developing stomach cramps, vomiting and diarrhoea (commonly referred to as “Bali Belly”) whilst in Bali, Indonesia and assume all responsibility for your health and well-being whilst in the country.

(d) You further warrant that you have been examined by a qualified physician of your choice; that such physician was in possession of all pertinent facts concerning You and The Retreat and that such physician has advised You of the medical advisability of participation. In particular, You warrant that a physician has advised that You are able to participate in the Breathwork session. The contraindications of the Breathwork session include, but are not limited to:

(i) Pregnancy;

(ii) Respiratory Issues e.g. asthma;

(iii) Heart conditions;

(iv) Epilepsy and seizures;

(v) Aneurysms;

(vi) High blood pressure;

(vii) Psychiatric Conditions.

(e) You assume all risk and responsibility for your medical needs while a participant in the Retreat, and acknowledge that Magnetic Mindfulness Co is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.

(f) In the event of a medical emergency, however, You authorise Magnetic Mindfulness Co to take action deemed in good faith to be necessary for your health and safety.

(g) You assume full financial responsibility for, and release Magnetic Mindfulness Co from any and all liabilities resulting from the good faith exercise of this authority.

13. Changes in Retreat

(a) While Magnetic Mindfulness Co makes every effort to ensure all published itineraries and information is up to date, accurate and kept consistent for the duration of the Retreat, it reserves the right to make changes at any time should this be necessary.

(b) All aspects of The Retreat including the duration, staffing, itinerary, or other details of The Retreat may be cancelled, curtailed, altered, or modified without prior notice or obligation to You if Magnetic Mindfulness Co deems it necessary to do so due to conditions that could be hazardous, dangerous, adverse or threatening.

(c) Magnetic Mindfulness Co may also deem it necessary to make these changes due to an act or omission of a third party or any other reason which prevents any aspects of portions of the Retreat from being commercially necessary. Should any actions be taken under this clause 13, a refund will not be issued.

14. Disclaimer

(a) You are solely responsible for creating and implementing Your own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the workshops, sessions and interactions with Magnetic Mindfulness Co. As such, You agree that Magnetic Mindfulness Co is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by Magnetic Mindfulness Co.

(b) You understand that coaching is not a substitute for mental health attention, examination, diagnosis and treatment. It is Your exclusive responsibility to seek such independent professional guidance as needed. If You are currently under the care of a mental health professional, it is recommended that You promptly inform the mental health care provider of the nature and extent of Your participation in the Retreat.

(c) You understand that in order to enhance Your experience in the Retreat, You agree to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the Retreat.

15. Compliance with Laws, Regulations & Rules

(a) You shall abide by all laws of all places visited, including but not limited to laws governing the use of alcohol and drugs. If You choose to consume alcohol, as allowed by law in any relevant jurisdiction, You agree to do so responsibly and at Your sole risk.

(b) You agree to comply with all rules, regulations, and standards of conduct applicable at any time during The Retreat.

16. Photography, Video and other Media Release

You agree that by participating in The Retreat You irrevocably grant Magnetic Mindfulness Co, its agents and representatives or licensees or assignees the right and permission to take, use, re-use, publish and re-publish, either separately or together, either wholly or in part, photographic portraits or pictures of the You or in which You may be included, in whole or in part, or composite or distorted in character or form, without restriction as to changes or alterations. You understand that this media may be used for the following purposes: social media, marketing, email and other associated uses.

17. Possession of Legal Documents

If applicable, at all times during Your travel, You agree to be in possession of a valid Australian passport and if not an Australian citizen, a valid foreign passport, or official travel document and any visas (e.g. tourist or student visa) or other immigration documents required for entry into a foreign country and re-entry into Australia.

18. Release of Claims

(a) You, individually, and on behalf of Your heirs, successors, assigns and personal representatives, hereby indemnify and release fully and finally from any and all liability, claims, loss, suits, demands and damages, brought by You (or and including by any third party as a consequence of any act or omission of You) and covenant not to sue or cause to be sued in any judicial or administrative forum, or otherwise, Magnetic Mindfulness Co and its officers, agents, and employees with respect to any and all matters relating to or arising from Your conduct (including acts and omissions) and participation in The Retreat.

(b) It is understood and agreed that Magnetic Mindfulness Co shall in no way be deemed responsible for the operation or management of any means of transportation, public or private, or facilities used by The Retreat or any Retreat participant, and Your participation on any tour or transportation or event or activity will be solely at Your own risk.

(c) Further, should You engage in any activities which involve a risk to person or property and any activity while intoxicated or under the influence of any substance, You do so at Your own risk and agree Magnetic Mindfulness Co shall in no way be liable for Your actions, safety, loss and damage.

19. Dispute Resolution & Mediation

If a dispute arises out of, or relates to these Terms, either party may not commence any legal proceedings in relation to the dispute, unless they attempt to resolve the disagreement in good faith, through an appropriate mediator to be appointed by independent third party, as agreed, or his or her nominee and attend a mediation.

20. Modification

These Terms and Conditions shall not be modified except by another agreement in writing signed by You.

21. Governing Law

(a) The terms of this Agreement shall be governed by the laws of Victoria, Australia.

(b) Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

22. Severance

In the event that any provision of this Agreement or its application to any person or circumstance is invalid or unenforceable, the validity or unenforceability shall not affect the validity or enforceability of the provision to the other persons or circumstances, and the provisions shall remain in full force and effect.

23. Agreement

You acknowledge that prior to agreeing to these Terms and Conditions, You have read these Terms and Conditions, have had the opportunity to seek independent legal advice about the Agreement’s effect prior to agreeing, and You have a full understanding of the Terms and Conditions, You voluntarily accept the Terms and Conditions of this Agreement and execute it with the understanding that Magnetic Mindfulness Co shall rely on the statements and warranties herein contained.

You will be required to sign and return the following Release and Waiver to Magnetic Mindfulness Co to secure your place as a Retreat participant.

MOVEMENT, MIND & MAGIC RETREAT

RELEASE AND WAIVER

The Retreat hosted by Magnetic Mindfulness Co includes participation in a variety of educational, recreational and other activities including, but not limited to, swimming in the pool and/or ocean and other water related activities (Activities). Please read and sign the Release and Waiver before participating in the Retreat.

1. Parties

I, , of

(Address)

-AND-

Alessandra Knez t/as Magnetic Mindfulness Co (ABN: 97 294 697 846) (Magnetic Mindfulness Co)

By proceeding with Your booking with Magnetic Mindfulness Co to attend The Retreat, You will be deemed to have agreed to the following:

1. I am at least 18 years of age and legally competent to sign this document.

2. I agree to abide by any guidelines or rules of the Retreat provided by Magnetic Mindfulness Co. I am responsible for any damage to any equipment, facilities or anything else which I may cause due to negligence.

3. I understand the risks associated with participating in the Breathwork session and confirm my participation in the Breathwork session will be on a voluntary basis. The contraindications of the Breathwork session include, but are not limited to:

(viii) pregnancy or trying to become pregnant;

(ix) respiratory issues e.g. asthma;

(x) heart conditions;

(xi) epilepsy and seizures;

(xii) aneurysms;

(xiii) high blood pressure;

(xiv) psychiatric conditions.

4. I, ___________________________ , hereby waive and release, indemnify, hold harmless and forever discharge Magnetic Mindfulness Co, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Magnetic Mindfulness Co, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.

5. I understand and acknowledge that to the extent permitted under relevant statutes, Magnetic Mindfulness Co excludes all liability (including, without limitation, in negligence) in relation to the Activity for the coming into existence, aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs that is or may be harmful or disadvantageous to an individual or the community or that may result in harm or disadvantage to an individual or the community.

6. I understand that I am solely responsible for creating and implementing my own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the Retreat and interactions with Magnetic Mindfulness Co. As such, I agree that Magnetic Mindfulness Co is not and will not be liable or responsible for any loss, damage, actions or inaction, or for any direct or indirect result of any Activities or services provided by Magnetic Mindfulness Co.

7. I understand that Magnetic Mindfulness Co reserves the right to accept or reject my participation in any Activity without liability. In the event it determines, in its sole and exclusive discretion that my participation is in any way disruptive or harmful to the harmony of the Retreat, it may without any obligation to provide a refund or any amount whatsoever, expel me from the Retreat.

8. I understand and acknowledge that any food served during the Activity has not been prepared by Magnetic Mindfulness Co and Magnetic Mindfulness Co does not warrant that the food is safe to consume.

9. This Release and Waiver contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Release and Waiver. The provisions of this Release and Waiver may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.

10. The provision of this Release and Waiver will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Magnetic Mindfulness Co, whether by agreement, by operation of law, or otherwise.

11. I have read, understood and fully agree to the term of this Release and Waiver. I understand and confirm that by proceeding with my booking and paying the Deposit I have given up considerable future legal rights.

Please proceed to the Retreat Application Form to take the next steps.