Bali FRESH Retreat 2024 Terms and Conditions

Bali FRESH Retreat 2024 Terms and Conditions

Thank you for your interest in participating in the Bali FRESH Retreat 2024. Before you proceed to purchase a seat, we strongly recommend you to go through the following terms and conditions:

 

In this section, words like ‘holder’, ‘bearer’, and ‘purchaser’ will refer to you - the person who will buy the seat to the Bali FRESH Retreat 2024. On the other hand, ‘our’, ‘us’, ‘we’, ‘issuer’, ‘provider’ and similar terms will indicate the organisers of the Bali FRESH Retreat 2024 - Tracy Harris Co.

 

By opting to purchase, allocate or possess a seat to the Bali FRESH Retreat 2024, you automatically agree to our terms of use. If you have problems with any of the clauses listed below or do not agree with the risk allocations mentioned here, please do not purchase a seat or try to enter the Bali FRESH Retreat 2024 premises.

 

Please note that Tracy Harris Co reserves the right to make changes, revisions, and amendments, or add/remove sections from this set of terms and conditions - without any prior notifications to you. Such changes will be duly reflected on the website of the organiser www.tracyharris.co. These changes will relate back to the date of purchase of the Bali FRESH Retreat 2024 seat.

 

The seat you purchase represents a revocable license for you to access Villa Marwar, Bali on the 20th of August to the 27th August 2024 inclusive, when the Bali FRESH Retreat 2024 is scheduled to be hosted. The license includes the revocable right to attending the Bali FRESH Retreat 2024. This license can be revoked at any time by the issuer at its sole discretion, without any prior notifications or compensation options. If the license is revoked, you will not be granted entry at the venue.

 

Client has chosen one of the following payment options: The Pay in Full Options or the Instalment options which includes the Services listed below. 

Services: Issuer shall provide Purchaser with the following services from the 20th of August to the 27th August 2024 inclusive (known as “Services”):

• Accommodation is included at the prestigious oasis property at Villa Marwar, Bali.

• All main meals and beverages including morning tea, afternoon tea, or canapes at your request. (Not including alcoholic beverages outside the villa).

• Personal branding photo and reels shoot.
• 1 hour massage.
• Day trip to Yoga Barn, with one class included.  

Deposit: Client must pay the Company a $1,111 AUD deposit upon application, and a $1,000 deposit on acceptance to secure Participant’s seat for Bali FRESH Retreat 2024. The acceptance deposit is required on official acceptance and is NON-REFUNDABLE. It will be applied to the Cost of the Services.

Cost of the Services: The total cost ("Total Cost") for all Services depends on the payment plan Client selects. Client has the following options:
 

1. Pay in Full Option (Private Villa):

1. $1,111 AUD paid upon application. 
2. $1,000 AUD paid upon acceptance.
3.  $9,000 AUD paid in full by the 20th of July, 2024
4. (Total investment equalling $11,111 AUD). 

2. Pay in Full Option (Shared Villa):

      1. $1,111 AUD paid upon application. 

      2. $1,000 AUD paid upon acceptance.

      3. $7,888 AUD paid in full by the 20th of July, 2024

      4. (Total investment equalling $9,999 AUD). 

3. Monthly Installment option (Private Villa):

      1. $1,111 AUD paid upon application. 

      2. $1,000 AUD paid upon acceptance.

      3. 4 equal monthly payments of $2,250 AUD each, for a total of 4 months, commencing in April 2024 and concluding in July 2024.  

      4. (Total investment equalling $11,111 AUD). 

4. Monthly Installment option (Shared Villa):

      1. $1,111 AUD paid upon application. 

      2. $1,000 AUD paid upon acceptance.

      3. 4 equal monthly payments of $1,972 AUD each, for a total of 4 months, commencing in April 2024 and concluding in July 2024.    

      4. (Total investment equalling $9,999 AUD). 

 

Friendly Cashflow Monthly Installment option: If Client selects the monthly payment option, all payments will be due each month (April to July 2024) on the same day of the month that the initial payment is made, unless Client makes other arrangements with the Company.

• For example, if the first monthly payment is made on April 15, all subsequent payments will be due on April 15, May 15, June 15, and so on until the total balance for the payment plan is paid off in full.

Card on File: Client authorises Company to charge any and all payments as outlined in 'Cost of the Services', as well outstanding balances which may include, but are not limited to, late fees and extra services outside of the scope of this document, until all outstanding balances are paid in full.

 If Client’s card on file changes, Client agrees to provide Company with updated information within a reasonable amount of time or upon Company’s request.

Late Payments: Any payment (as outlined in 'cost of the services') which has not been received within 14 days of the due date will result in the Client forfeiting access until all outstanding fees are paid. The Company reserves the right to seek any outstanding fees due at the Client's expense. 

Collections: If payment is not received by 15 days after the due date, and the Card on File is not able to be charged, Company reserves the right to seek payment through collections or any other legal means. Client shall be responsible for any outstanding balance in full, as well as any collection and/or attorney's fees incurred as a result of Company’s good faith efforts to collect any monies owed.

Transfers/Refunds: The Deposit and Total Cost are non-refundable. The Services or credit for fees paid for Services may not be transferred to another Client.

Expenses: Company will use reasonable efforts to inform Client of any additional expenses not included in this Agreement. For example, any additional activities, outings, dining experiences or any expenses incurred by Company while providing Client with Services will be invoiced to Client in a timely manner. As outlined above, dining, group activities and related transportation during the Retreat is not all included in the Total Cost. 

 

Tracy Harris Co has the right to investigate if there has been any violation of the Bali FRESH Retreat 2024 seat terms and conditions. In case of any conflicts, the decision of Tracy Harris Co will be deemed final (i.e., the issuer will remain the final arbiter in cases of disputes).

 

The event service will be deemed to have been delivered in its entirety as soon as the Bali FRESH Retreat 2024 starts on 20th August 2024. From that point on, no refund requests will be entertained.

 

If you are not able to access any particular section(s) of the venue - Villa Marwar - due to delays, federal regulations, organiser policies, weather-related problems, emergencies, venue shutdown/evacuation or any other reason, you will not be eligible for any refunds or future credits.

 

If the Bali FRESH Retreat 2024 is cancelled in its entirety due to any unforeseen circumstances, Tracy Harris Co has the sole and absolute right to:

          i) reschedule the event, or

          ii) issue a partial/full refund, or

          iii) not issue any refunds.

Please note that the decision of the issuer in such cases will be deemed final and binding.

 

If the Bali FRESH Retreat 2024 is cancelled due to any factors or causes not in the control of the issuer, the latter will offer a partial or full refund, or postpone the event, or provide a comparable ‘make good’ option. These factors will be inclusive of, but not limited to, natural disasters, federal/state announcements, strikes, delays in production, and the like. Once again, the decision of Tracy Harris Co will be considered final.

 

If the Bali FRESH Retreat 2024 has to be rescheduled to other dates, you will not be eligible for any refunds. In case the event is fully cancelled, the refund, if issued, will include ONLY the face value/printed value of the seat(s). The bearer cannot, under any circumstances, claim refunds on shipping fees, processing fees, handling fees, airline fees, travel fees in any capacity and such other charges.

 

For Tracy Harris Co to be able to run events in the best way possible and utilising all of the resources available to us, a minimum number of seats is required to be sold for the retreat. You accept and understand that if we do not meet the minimum participant requirements, we may need to cancel or postpone the retreat. In the event of cancellation due to participant numbers, a full refund will be issued. In the event of a postponement, no refunds will be given.

 

Losses, if any, occurring due to foreign exchange fluctuations at the time of refunds, have to be borne by the purchaser. Tracy Harris Co cannot be, in any way, held liable for that.

 

All seat sales are deemed as FINAL TRANSACTIONS. There will be no seat returns/exchanges/cancellations.

 

The Bali FRESH Retreat 2024 is a ‘rain or shine’ event.

 

By purchasing the Bali FRESH Retreat 2024 seat and presenting the same at the venue, you give your consent to Tracy Harris Co to collect certain information about yourself (name, picture, date of birth, gender, address, etc.) for verification and storage.

 

You hereby agree to forego all types of surcharge claims - full or in part - and all claims & entitlements related to it.

 

The Bali FRESH Retreat 2024 and Tracy Harris Co follow a common ‘zero-tolerance policy’ towards unauthorised drug usage or carrying at the venue, AND towards any type of behaviour/actions that can be interpreted as lewd or obscene. If you are found in possession of prohibited items at the Bali FRESH Retreat 2024 and/or if you indulge in any objectionable action, your participation in the event will be terminated immediately. Your event seat(s) will become void from that point on.

 

Please note that you purchase the Bali FRESH Retreat 2024 seat on your own free will. As such, you do not have the right to initiate a chargeback claim or dispute on the provider of the credit card/debit card that had been used for the transaction. Further refund/return/cancellation requests will not be entertained either.

 

In all cases of disputes between the seat-bearer and the seat-issuer, the decision of the latter will be deemed final. In case a dispute cannot be resolved, the help of an independent third-party arbiter will be sought.

 

 PROTECTIONS & RELATIONSHIP 

Copyright Ownership: In the event that any copyrighted work(s) are created or shared as a result of the Services provided by Parties in accordance with this Agreement, the contributing Party owns all copyrights in any and all work(s) it creates or produces pursuant to Australian Law, whether registered or unregistered. Any and all products, whether tangible or intangible, produced or created in connection with, or in the process of fulfilling this Agreement, are expressly and solely owned by the Party who creates the materials and may be used in the reasonable course of each Party's business going forward. For example, if Company shares a spreadsheet that Client utilises, Client may not share, distribute, sell or otherwise transfer the privileges of said spreadsheet and copyrighted material contained within the spreadsheet.

 

Trademark Ownership: Any and all trademarks, whether registered or unregistered, remain the property of the contributing Party.

 

Permitted Uses of Material(s): Company grants to Client a non-exclusive license of product(s) produced with and for Client for personal use only so long as Client provides Company with attribution reasonably visible on primary or related course materials or marketing collateral. In no event is Client allowed to share Company's materials, written or unwritten, with any third party without Company's express prior written permission.

 

Confidentiality: Parties will treat and hold all information of or relating to this Agreement, the Services provided, and the Parties’ businesses in strict confidence and will not use any of this information except in connection with fulfilling the terms of this Agreement, and, if this Agreement is terminated for whatever reason, Parties will return all such information, including account access information, and any and all copies to the original Party and will remain bound to the Confidentiality provision of this Agreement. Confidential information (known as “Confidential Information” in this Agreement) means information that is of value to its owner and is treated as proprietary or confidential including, but not limited to, intellectual property, inventions, trade secrets or information, financial data or information, speculation, knowledge, general Company data or reports, future business plans, strategies, customer lists and information, client acquisition strategies, advertising campaigns, information regarding executives and employees, emotional or personal information shared during the Services, or the terms and provisions of this Agreement.

 

Further, at all times neither Party shall use or disclose any Confidential Information relating in any way to the past, present, or future business affairs, conditions, clients, customers, efforts, employees, financial data, operations, practices, products, processes, properties, sales, emotional or personal information, or services of or relating in any way to the Parties in whatever form to any parties outside of this Agreement.

Any accidental breaches of this Confidentiality Agreement, whether direct or indirect, shall be communicated with all practical speed to the other Party, according to the Notice provisions outlined in the Agreement, and appropriate and relevant corrective action taken at the responsible Party’s expense.

 

This Agreement imposes no obligation upon the Parties with respect to any Confidential Information that was possessed before initial business interactions commenced between the Parties; is or becomes a matter of public knowledge through no fault of the receiving Party; is rightfully received from a third party not owing a duty of confidentiality; is disclosed without a duty of confidentiality to a third party by, or with the authorisation of, the disclosing Party; or is independently developed by either Party without prior knowledge of privileged or confidential information.

 

Relationship of the Parties: Client and any related subcontractors are not employees, partners or members of Company’s company or organisation. Company has the sole right to control and direct the means, manner and method by which the services in this Agreement are performed. Company has the right to hire assistants, subcontractors or employees to provide Client with its Services. Parties are individually and separately responsible for their own business operations and expenses, including securing or paying any licensing fees, taxes (including FICA), registrations or permits. Client is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Company.

 

Non-Exclusivity: The Parties expressly acknowledge that this Agreement does not create an exclusive relationship between the Parties. Client is free to engage others to perform services of the same or similar nature to those provided by the Company, and the Company shall be entitled to offer and provide services to other clients, and otherwise advertise the services offered by the Company. However, nothing in this paragraph should be construed to release Client from its payment obligations to the Company.

 

LIMIT OF LIABILITY

 

Waiver of Liability: Client voluntarily waives Company in consideration for The Bali FRESH Retreat 2024. Having read and accepted a seat, Client acknowledges that for herself/himself, Client’s heirs, executors, administrators, representatives, or anyone else who might claim on Client’s behalf, hereby waives, releases and discharges Company and its officers and directors, staff, employees, agents and volunteers from and against any blame and liability for any injury, harm, loss, inconvenience, or any other damage of any kind whatsoever, which may result from or be connected in any way to Client’s participating in the retreat, and Client agrees to hold them harmless from any such claim(s). In addition to the absolute and unqualified release from all liability, Client hereby represents that Client will conduct herself/himself in a safe and prudent manner while participating in the retreat. Company reserves the right to cancel an activity or release a participant if it feels the participant’s conduct is inappropriate or disruptive. Client is aware that by signing this, Client is waiving certain legal rights, including the right to sue Company or its officers and directors, staff, employees, agents and volunteers.

 

Maximum Damages: Client agrees that the maximum amount of damages he or she is entitled to in any claim relating to this Agreement or Services provided in this Agreement are not to exceed the Total Cost of Services provided by Company.

 

Indemnification: The Client agrees to protect and hold harmless the Company, including its related parties, affiliates, agents, independent contractors, directors, employees, and officers. This indemnification extends to cover any and all claims, damages, or losses that may arise from the services outlined in this Agreement. It includes, but is not limited to, injuries, negligence, costs, or any other expenses that may occur during Client's participation in the Company's services and related activities.

It is highly recommended by the Company that the Client either secures a reasonable amount of insurance coverage (including but not limited to travel insurance) or waives their right to directly or indirectly ask Company to pay for any claims, damages, attorney fees, or losses resulting from accidents or negligence. By securing appropriate insurance coverage, Client ensures that any potential costs can be covered efficiently and without strain. However, should Client choose not to obtain insurance coverage, Client waives their right to seek compensation from Company for any such damages.

 

Disclaimer: Client agrees and understands Company is not providing the professional services of an attorney, accountant, nutritionist, financial planner, therapist or any other kind of licensed or certified professional. Should Client desire professional services that exceed the scope of this Agreement, Client must sign a letter of engagement of said professional services with the appropriate service provider. No legal, financial, accounting, nutritional or other kind of professional advice will be given without entering into such a relationship via the letter of engagement referenced immediately above.

 

Guarantees: Company does not make any guarantees as to the results, including financial or other gains, of any Services provided. Company agrees to provide the Services listed in this Agreement in a reasonable and timely manner. Client agrees to take responsibility for Client’s own results.

 

Media Release: Any media, including photographs, audio or video footage taken by Company or its officers and directors, employees, agents, subcontractors or volunteers, or any media shared by Client on one of Company’s platforms such as on a Slack, email or Facebook group channel, is or becomes the property of Company. Client grants permission for any media containing Client’s likeness and image to be used for publication in any reasonable medium, including but not limited to advertising, third-party websites, online media, industry publications, or for any other lawful and positive use as may be determined by Company. Client further waives any and all rights to review or approve any uses of the media, any written copy related to the media or finished products containing the media.

 

 

Medical Treatment: You are responsible for your own health and safety while attending the Bali FRESH Retreat 2024, and for seeking medical attention as necessary for any allergic reactions, illness or injury that you experience while attending the Retreat. In an event where it becomes reasonably necessary for Client to receive medical treatment at either Client’s request or Company’s discretion during the Retreat, Client understands and accepts full responsibility for any and all medical expenses arising out of any treatment from such an incident. In the event that Client is unable to make medical decisions in an emergency, Client consents to the care of any reasonable physician or treatment centre to administer treatment until Client’s Emergency Contact(s) can be reached and take over Client’s care decisions.

 

 

Assumption of Risk: Client understands and agrees that the Retreat may include and are not limited to dining, social and recreational activities. Any activity can involve an element of risk or injury. Client assumes the risk of any activity, and the risk of using any reasonable means of transportation to and from such activities, whether provided by Company or a third party. Company will make a reasonable attempt to accommodate any specific housing, dietary or other health requests, or let the Client know if such a request is not possible. If Company cannot provide for a specific request, or Client does not wish to assume any such risks, Client may take responsibility for providing his or her own food, accommodations, transportation or anything else that the Client needs or wants to participate in the Retreat.

 

Insurance: Client is advised to purchase an adequate amount of travel, medical or other insurance that insures the Client against sickness, health issues, bodily harm, travel cancellations or delays, and incidental or direct damages resulting from Client’s participation in the Retreat. In any event, the Client HEREBY RELEASES AND HOLDS HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following releases: the Company’s officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that the Client, the Client’s estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By initialling below, the Client agrees to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the Retreat. 

 

 

Non-disparagement: The Parties mutually agree not to make public defamatory statements that would materially harm the reputation or business activities of any Parties to this Agreement.

 

CANCELLATION, RESCHEDULING AND NO-SHOWS

 

Cancellation Policy: Client is unable to cancel Services or reschedule Services. If Client is no longer able to or no longer wishes to enjoy the Services listed in this Agreement, Client is still liable for full payment of Services. This includes all payment options listed in 'Cost of the Services'. If client chooses to cancel, all outstanding fees are immediately due and payable to Company. 

Outstanding fees include, and are not limited to, the balance of fees as outlined in 'Cost of the Services', as well as any additional amounts that have been incurred by the Company in relation to the Client's Retreat experience. 

Company will not, and is not under any obligation, to refund any payments already made.

 

Company reserves the right in any circumstances to cancel the Retreat. In particular, the Retreat requires a minimum number of participants to have booked by 30 DAYS before the start date. If this minimum number is not reached by that date, Company may cancel the Retreat and refund Client’s payments.

 

No Liability for Third-party Cancellations: While Company may make recommendations regarding transport, Company is not liable for cancellations made by Client’s chosen transportation method. Company does not accept any liability for cancellations, delays or changes to Client’s travel arrangements caused by war, threat of war, terrorist actions or threats, closure of airports, civil strife, industrial action, natural disaster, technical problems to transport, staff cancellations, unforeseen changes in Client's personal circumstances or other events beyond Company’s control.

 

Schedule: The Retreat services schedule is subject to change. The organiser will attempt to give reasonable notice of all schedule changes and allow reasonable accommodations to the Client for conflicts arising from Organiser’s own scheduling changes. However, no adjustment or proration of fees will be applied if Organiser's schedule changes due to extenuating circumstances.

 

Non-Participating Client: If it becomes impossible for Company to render Services due to the fault of the Client or parties related to Client, such as failure of one or more essential parties to the Services to provide reasonably requested documents or feedback in a timely manner, or Client’s failure to show up for scheduled meetings without reasonable notice, at the discretion of the Company, Company reserves the right to cancel this Agreement without any further Services delivered. Upon cancellation or Client’s unreasonable delay, all outstanding fees are immediately due and payable to Company.

 

Force Majeure: Regardless of the above, either party may choose to be excused of any further performance obligations in the event of a disastrous occurrence outside the control of either party that materially affects the Services provided in this Agreement, including: a natural disaster (fires, explosions, earthquakes, hurricane, flooding, storms or infestation); or war, Invasion, Act of Foreign Enemies, Embargo, or other Hostility (whether declared or not); or any hazardous situation created outside the control of either party such as a riot, disorder, nuclear leak or explosion, or act or threat of terrorism.

 

Failure to Perform Services: In the event Company cannot or will not perform its obligations in any or all parts of this Agreement, such as in the event of an unforeseen health emergency of the Coach or essential Company employees to the Services, Company (or a responsible party) will:

• Immediately give Notice to Client via the Notice provisions detailed in this Agreement, below; and
• Issue a refund or credit based on a reasonably accurate percentage of Services rendered or find a reasonable replacement; or reschedule to a later date
• Excuse Client of any further performance and/or payment obligations in this Agreement.

 

GENERAL PROVISIONS

 

Governing Law: The laws of New South Wales, Australia governs all matters arising under or relating to this Agreement, including torts.

 

Severability: If any portion of this Agreement is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force, if the essential provisions of this Agreement for each Party remain legal and enforceable.

 

 

 

Notice: Parties shall provide effective notice (“Notice”) to each other, including any payments or invoices, via either of the following methods of delivery at the date and time which the Notice is marked as sent in the inbox or on the payment receipt for postage:

 

Email:

• Coach’s Email: [email protected]

 

Mail:

• Coach’s Address: PO Box 733 Camden, NSW Australia 2570

 

 

Capacity: All Parties agree they are of legal age of consent and in sound mental capacity to enter into this Agreement.

 

Merger: This Agreement constitutes the final, exclusive agreement between the Parties relating to the Services contained in this Agreement. All earlier or other negotiations and agreements between the Parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement.

 

Amendments: The Company reserves the right to amend this Agreement at any time. It is the responsibility of the Client to regularly review these terms and conditions. If, at any point, Client is not satisfied with any changes, The Company respects Client's right to decline and opt-out of Company's services (with all fees being due and payable as per Company cancellation policy).

 

Titles: The titles and section headers in this Agreement are provided for convenience only and should not be construed as part of this Agreement.

 

Dispute Resolution: Any controversy or claim arising out of or relating to this contract, or the breach of this Agreement, will be settled by alternative dispute resolution (ADR) prior to a formal complaint. ADR includes arbitration or mediation administered by an authorised entity Any judgment on the award rendered by the arbitrator(s) or mediator(s) may be entered in any court having jurisdiction over this Agreement and related dispute resolution proceedings.

 

We really hope you will have a great time at the Bali FRESH Retreat 2024.