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Please read the following terms and carefully which apply to all retreat bookings. You must not make a retreat booking unless you understand and agree with the following terms and conditions. References to “us”, “we” and/or “our” in these booking terms and conditions shall mean The NHA Family Trust TA Synergy Women and Synergy Physio Pty Ltd
These terms and conditions apply to retreat bookings you make with us over the phone, via email, in person or online.
We reply on the authority of the person making the booking to act on behalf of any other traveller on the booking and that person will bind all travellers to these terms and conditions.
Travel Insurance:
We recommend you take out appropriate travel insurance to cover your own travel arrangements. Your insurance should include cover for cancellation, repatriation and medical expenses, personal injury and accident, death and loss of personal baggage, money and personal liability insurance.
Health:
You must ensure that you are aware of any health requirements and recommended precautions relevant to your travel.
Special requirements:
Please advise us of any special requirements you may have, including dietary/meal requirements or room type
Prices:
Are subject to availability and can be withdrawn or varied without notice
Payment schedule
50% of your retreat booking fee must be paid before 60 days before arrival or your retreat booking may be cancelled. Full retreat booking fee must be paid by 30 days before arrival or your retreat booking may be cancelled.
Our change and cancellation fees:
Subject to your refund and remedy rights under the Australian Consumer Law, the following change and cancellation fees apply to all bookings
Deposit Fees: Are non-refundable
Cancellations prior to 90 days before arrival are fully refundable minus deposit fee.
Cancellations 30-90 days before arrival will incur a 50% cancellation fee
Cancellations made within 30 days of arrival will incur a 100% cancellation fee.
Travel impacted by Covid-19:
If you are unable to attend the event due to illness, restrictions in your local area or interstate border closures preventing your own personal travel to the retreat centre, there will be no refunds issued. We will do our best to accomodate a transfer of your booking to another participant on our waiting list, however we are unable to guarantee this.
Social Media, images and Video footage:
Synergy Women and Synergy Physio Pty Ltd reserve the right to film video and photographs throughout the Rise UP Retreat. This material may be used in publications including social media, promotional literature and advertising without inspection or approval, and we reserve the right to use, edit, display and distribute footage as edited in all forms of media in in perpetuity. Synergy Women and Synergy Physio Pty Ltd owns all rights to the images and recordings. This agreement releases, defends, indemnifies and hold harmless Synergy Women and Synergy Physio Pty Ltd, its Board of Directors, officers, employees or agents from and against any claims, damages or liability arising from or related to the use of the images, recordings or materials, including but not limited to claims of defamation, invasion of privacy or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite from that may occur of be produced in taking, processing, reduction or production of the finished product, its publication or distribution.
Privacy for retreat bookings
We are committed to protecting your personal information and agree to handle your personal information in accordance with our privacy policy which is available here. By providing your personal information to us, you agree that our Privacy Policy will apply to how we handle your personal information and you consent to us collecting, using and disclosing your personal information as detailed in our full privacy policy below. In particular, you agree that in certain circumstances (such as where we are required to book accommodation, an experience or activity for you), we are permitted to disclose your personal information to external recipients. Such recipients may include retreat centres, spa facilities, travel service providers with whom you make a booking. We will only disclose your personal information to these person in connection with facilitation of your booking or to enable to performance of administrative and technical services by them on our behalf. Where we disclose your personal information to any person, you agree that we will not be required to ensure that person’s compliance with Australia privacy laws or otherwise be held accountable for how they handle your personal information. When used above, ‘disclose’ includes to transfer, share, send or otherwise make available or accessible to another person or entity.
Liability
Nichole Hamilton (Facilitator), Synergy Physio Pty Ltd ATF NHA Family Trust trading as Synergy Women, Synergy Physio Pty Ltd and the Facilitator’s Licensor are excused from performance and shall not be liable for any delay in delivery or non-delivery, in whole or in part, caused by the occurrence of any force majeure beyond the control of the provider such as, but not limited to fires, civil disobedience, war, riots, rebellions, explosions, flood, storm, acts of God and similar occurrences.
By booking you hereby fully waive and release Nichole Hamilton (Facilitator), Synergy Physio Pty Ltd ATF NHA Family Trust trading as Synergy Women, Synergy Physio Pty Ltd and the Facilitator’s Licensor, (together, the “Releasees”), from any and all claims for personal injury, property damage, or death that may result from my participation in the Facilitator’s Rise UP Women’s Retreat event (the “Event”):
You hereby voluntarily, at your own risk, accept this Waiver and Assumption of Risk in sole consideration of being permitted to participate in the Facilitator’s Event. You understand that you hereby waive, release, and discharge the Company Synergy Physio Pty Ltd, Synergy Women and its agencies, officers, and employees from any and all negligence and liability for my death, disability, sickness, personal injury, property damages, property theft or claims of any nature which may hereafter accrue to me, and my estate as a direct or indirect result of my participation in the Event.
You understand the meditation, group seminars, yoga, pilates, exercise classes and event participation is voluntary and you are responsible for your own health and well-being. You will alert the facilitator of any health concerns or injuries that may affect your capacity to participate. You will cease participation in class should pain or injury limit your ability to participate safely.
You hereby release, defend, indemnify and hold harmless Nichole Hamilton, Synergy Physio Pty Ltd, Synergy Women, its Board of Directors, officers, employees or agents from and against any and all claims, damages or liability incurred as a result of or in any manner related to your participation in the Event, including yoga and exercise class participation, as well as, included and extra-curricular activities organised.
You hereby acknowledge and understand that there are dangers and risks associated with the Event, which have been fully explained to me. You hereby agree to abide by all rules, instructions, policies and procedures imposed by the Facilitator relating to the Event. By booking on this retreat, you fully assume the dangers and risks, and agree to use your best judgment while engaging in those activities.
You hereby certify that you are of legal age and competent to execute this Waiver and Assumption of Risk, that in doing so of your own free will and accord, voluntarily and without duress, and that you do so intending to bind yourself, your executor, your heirs, and administrators or assigns to the fullest extent. You have read and understood the foregoing, and acknowledge your consent to the terms of this Waiver & Assumption of Risk by booking on this retreat.
Governing Law
If any dispute arises between you and us, the laws of Australia will apply. You irrevocably and unconditionally submit to the executive jurisdiction of the courts of Australia, and waive any right that you may have to object to an action being brought in those courts.
Code of Conduct
The safety, security and support of all attendees is of the utmost importance to us. All event participants, including, but not limited to, ticketed attendees, special guests, presenters and staff, are required to adhere to this Code of Conduct.
At the event we have a zero tolerance policy for harassment, bullying or verbal disrespect of any kind, including but not limited to: verbal or written comments, sustained disruption of talks or other events. We have zero tolerance for disorderly conduct including, but not limited to, any behaviour that is illegal, unsafe, disruptive, discriminatory, or causes excessive discomfort to another person.
If a person does not comply with our code of conduct for behaviour, staff will take prompt action in any form they deem appropriate, up to and including removal from the event with no refund and contacting the appropriate authorities. This is a private event, and as such, we reserve the right to remove any person from the event at any time without refund for noncompliance with these terms.
Acknowledgement
You acknowledge that you are over 18 years of age or older and upon booking your retreat you understand and agree with the above Booking Terms and Conditions and our below Privacy Policy.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING SYNERGY WOMEN INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, TRAINING, MENTORSHIP AND PROGRAMS ASSOCIATED WITH SYNERGY WOMEN, THE RISE UP METHOD OR NIKY HAMILTON WOMENS’ RESILIENCE COACH. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
YOU HAVE READ THIS AGREEMENT, YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS. This Agreement (“Agreement”) is a legal contract between SYNERGY WOMEN located at 2261 David Low Way (“Synergy Women”), and the Student
WHEREAS, Synergy Women is engaged in this business of resilience coaching, online coaching programs and wellness retreat services; and WHEREAS, YOU desire to engage Synergy Women to provide business training to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Group Program Fees, One on One Coaching Fees
1.1. Programs: Under the terms of this Agreement, Synergy Women agrees to provide coaching and training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic group or personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee. The program may include an online course which includes access to The Rise UP method training modules
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee.
1.1.3. Termination: Synergy Women may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Program Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay the full program fee upfront before access to the program or you have agreed to a payment plan of which you will continue to pay until full program fee is paid off within 2 months of accepting these terms.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Synergy Women, YOU affirmatively agree and acknowledge that Synergy Women may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4 Support Calls: If done in a group format the support calls shall be recorded and shared to existing and future Synergy Women students. All private material and private consultations shall be kept completely confidential should the material ever be published outside of the Synergy Women or Rise UP Method Program.
Section 2: WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Synergy Women provides Program(s) related to training and coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success, transformation and growth.
2.2. Limited Liability: In no event will Synergy Women be liable to YOU or any party related to you for any damages, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Synergy Women has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
2.3 Refund Policy: No refunds will be issued policy.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorised users, who have duly attained access to any Programs offered by Synergy Women by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorised by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of Synergy Women under copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Synergy Women, Synergy Women and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Synergy Women whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Synergy Women uses in connection with services rendered by Synergy Women are marks owned by Synergy Women. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non-transferability: The rights and obligations under this Agreement are personal to You. You may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: You will, at your own expense, defend, indemnify, and hold Synergy Women, its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Synergy Women concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Synergy Women relating to the Program, whether oral or written.
4.4. Amendment: Synergy Women reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.synergywomen.com.au
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America &Australia. The venue for any dispute shall be in Brisbane Australia.
4.6. Legal Disclaimer: Coaching is not a substitute for professional mental health or medical services. The Coach, Synergy Women and the Rise UP program does not provide therapy or counselling. The Client acknowledges that the program is not intended to diagnose or treat any medical or psychological conditions.BY PURCHASING ONLINE PROGRAMS, COACHING AND MENTORSHIP PROGRAMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT REFUND POLICY, AND CONFIDENTIALITY.
