Retreat Terms & Conditions

Thank you for making a booking with Powerful Steps Pty Limited (ACN: 61 504 900) t/a Powerful Steps of Level 2, 55 York Street, Sydney 2000 NSW (Powerful Steps) for our Wellness Retreat (Retreat). We look forward to having you as part of the Retreat. 

1. Agreement

• By proceeding with Your booking with Powerful Steps to attend The Retreat, you will be deemed to have agreed to these terms and conditions (Terms & Conditions). The following constitutes a legally binding contract (the Agreement) between You and Powerful Steps:
• the details set out on the sales page of the Website at www.powerful-steps.com (Retreat Sales Page);
• the details provided by you on the checkout page of the Website (Checkout Page);
• these Terms & Conditions;
• the Release and Waiver contained at the end of this Agreement (Release and Waiver); and
• any details provided to you in writing regarding the Powerful Steps Retreat.

2. Party and Retreat Details

• Your details are as provided by you on Retreat Sales Page (You, Your).
• The retreat details are set out on the Retreat Sales Page.
• The fee for the retreat (Retreat Fee) is set out on the Retreat Sales Page.

3. Retreat Registration

You have secured a place at The Retreat by way of the payment of the Retreat Fee.

4. Payment

• If Powerful Steps does not receive Your total Retreat Fee on or before the Final Payment Due Date, Your place in the Retreat may be forfeited and offered to another participant.
• In the event that any payment under this Agreement is not made in full on the due date, Powerful Steps is entitled to charge You interest at the rate of 5% per annum, calculated daily.
• You agree that if You default on any payments due and payable under this Agreement, any costs incurred by Powerful Steps for steps taken to enforce payment terms will be recoverable and payable by You.
• 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 Where the services are provided outside Australia, GST is inapplicable.

5. Fee Inclusions and Exclusions

• The Retreat inclusions are set out on the Retreat Sales Page.
• The Retreat Fee excludes:
• Excess baggage charges;
• Domestic and international flights;
• Travel insurance;
• Alcoholic Beverages.

6. Cancellation Policy and Refunds

Cancellation by Powerful Steps

• Powerful Steps 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. In no circumstances will Powerful Steps be responsible for any other amounts including but not limited to airfares, accommodation, losses, damages or preparation costs.

Cancellation by You Prior to Retreat

• If You wish to cancel Your booking You must do so in writing to info@powerfulsteps.com.au.
• To be eligible for a full refund You may cancel Your booking up until 00pm New South Wales time, at least 30 calendar days prior to the Commencement Date. Any cancellations made after this date will not be eligible for a refund of any kind.

OR

• Powerful Steps 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.
• Powerful Steps will not provide any refunds if You cancel Your booking after the Cooling Off Period.
• You may suggest a replacement participant to Powerful Steps, and such participant will only be accepted upon written confirmation to You by Powerful Steps. Powerful Steps reserves the right to refuse any suggested participant at their sole discretion.
• If a replacement participant is accepted by Powerful Steps, and if the replacement participant agrees to the Terms & Conditions, Powerful Steps 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.
• If a replacement participant is rejected by Powerful Steps, any monies paid will be forfeited.

OR

• If You cancel at least 8 weeks before the Commencement Date, You will be eligible for a refund of the Retreat Fee, excluding the non-refundable Deposit.
• If You cancel at least 4 weeks before the Commencement Date, You will be eligible for a refund of 50% of the Retreat Fee, excluding the non-refundable Deposit.
• If You cancel at least 2 weeks before the Commencement Date, You will be eligible for a refund of 25% of the Retreat Fee, excluding the non-refundable Deposit.
• Any cancellations made within 2 weeks of the Commencement Date will not be eligible for a refund of any kind.
• You may suggest a replacement participant to Powerful Steps, and such participant will only be accepted upon written confirmation to You by Powerful Steps. Powerful Steps reserves the right to refuse any suggested participant at their sole discretion.
• If a replacement participant is accepted by Powerful Steps, and if the replacement participant agrees to the Retreat terms and conditions, Powerful Steps 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.
• If a replacement participant is rejected by Powerful Steps, any monies paid will be forfeited.

Cancellation by Participant during The Retreat

• You may at any time after the Commencement Date choose to cancel Your participation or cut short Your involvement in The Retreat. You must detail Your cancellation in writing to info@powerfulsteps.com.au.
• 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.

7. Force Majeure

• If the Retreat is delayed or cancelled as a result of unforeseen circumstances or causes beyond Powerful Steps’ 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 Powerful Steps for damages or otherwise.
• If a force majeure event occurs, Powerful Steps will not be considered to be in breach of this Agreement in any way.
• If You choose to terminate this Agreement as a result of a force majeure event, clause 6 will apply.

8. Informed Decision

• Before signing these Terms & Conditions, You acknowledge and agree that Powerful Steps is not a travel business, and that Powerful Steps is arranging a bespoke and tailored itinerary and set of activities for participants; You acknowledge that You have read all information issued to You by Powerful Steps that describe The Retreat; 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.
• 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.

9. Responsibility for Preparation

• You agree to attend to all preparation for The Retreat as may be required.
• You warrant that Powerful Steps (and Powerful Steps 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).

10. Intellectual Property Rights

• You agree that any works, items, materials or information produced or developed by Powerful Steps or under Powerful Steps’ direction pursuant to or in the course of providing the Retreat will remain the sole and complete property of Powerful Steps.
• If Powerful Steps provides any intellectual property to You as part of the Retreat (such as workbooks or presentation notes or slides), Powerful Steps grants You a non-exclusive and non-transferable license to use that material only for the purpose of facilitating the Retreat.
• There is no assignment of Intellectual Property Rights by Powerful Steps to You under this Agreement.

11. Disclosure and Use of Confidential Information

• 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 (Confidential Information).
• Either Party must not disclose any Confidential Information to any third-party without the other Party’s, or other participant’s prior consent.
• 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.
• This Agreement prohibits the disclosure of Confidential Information by either Party except in the following circumstances:
• 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;
• if the disclosure is required by applicable law or regulation; or
• if the confidential information is already in the public domain at no fault of the other Party.

12. Travel Insurance

Powerful Steps 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.

13. Health and Health Insurance

• You acknowledge that You are responsible for obtaining all recommended and necessary immunisations.
• 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.
• 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.
• You assume all risk and responsibility for your medical needs while a participant in The Retreat and acknowledge that Powerful Steps is not responsible for the provision and quality of medical treatment or hospital care received while such a participant.
• In the event of a medical emergency, however, You authorise Powerful Steps to take action deemed in good faith to be necessary for your health and safety.
• You assume full financial responsibility for, and release Powerful Steps from, any and all liabilities resulting from the good faith exercise of this authority.

14. Changes in Retreat

• While Powerful Steps 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.
• 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 Powerful Steps deems it necessary to do so due to conditions that could be hazardous, dangerous, adverse or threatening.
• Powerful Steps 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 14, a refund will not be issued.

15. Disclaimer

• 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 Powerful Steps. As such, You agree that Powerful Steps 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 Powerful Steps.
• 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.
• 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.

16. Photography, Video and other Media Release

You agree that by participating in The Retreat You irrevocably grant Powerful Steps, 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 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. Release of Claims

• 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, Powerful Steps 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.
• It is understood and agreed that Powerful Steps 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.
• 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 Powerful Steps shall in no way be liable for Your actions, safety, loss and damage.

18. Dispute Resolution & Mediation

If a dispute arises out of, or relates to these Terms & Conditions, 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.

19. Modification

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

20. Governing Law

The terms of this Waiver shall be governed by the laws of New South Wales, Australia.

21. 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.

22. Agreement

You acknowledge that prior to signing these Terms & Conditions, that You have read these Terms & Conditions, have had the opportunity to seek independent legal advice about the Agreement’s effect prior to signing, and You have a full understanding of the Terms & Conditions, You voluntarily accept the Terms & Conditions of this Agreement and proceed with the understanding that Powerful Steps shall rely on the statements and warranties herein contained.

Activity Release and Waiver

Powerful Steps Retreat includes participation in a variety of educational, recreational and other activities (Activities). By proceeding with Your booking, You acknowledge You have read and agree to the the Activity Release and Waiver.

• I am at least 18 years of age and legally competent to sign this document.
• I agree to abide by any guidelines or rules of the Retreat provided by Powerful Steps. I am responsible for any damage to any equipment, facilities or anything else which I may cause due to negligence.
• I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Powerful Steps, 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, Powerful Steps, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, wilful or wanton misconduct.
• I understand and acknowledge that to the extent permitted under relevant statutes, Powerful Steps 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.
• 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 Powerful Steps. As such, I agree that Powerful Steps 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 Powerful Steps
• I understand that Powerful Steps 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.
• I understand and acknowledge that any food served during the Activity has not been prepared by Powerful Steps and Powerful Steps does not warrant that the food is safe to consume.
• This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
• The provision of this WAIVER AND RELEASE 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 Powerful Steps, whether by agreement, by operation of law, or otherwise.
• I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.