EVØ RETREATS — TERMS AND CONDITIONS
P & A Retreats Pty Ltd (ABN 43 694 690 401)
1B Gordon Street, Essendon VIC 3040, Australia
Tel: +61 416 217 469 · Email: hello.evoconnect@gmail.com
These terms and conditions apply to all retreats conducted by P & A Retreats Pty Ltd ("EVØ Retreats") unless stated otherwise in writing by EVØ Retreats. All bookings are made in accordance with and subject to these terms and conditions.
1. GENERAL
1.1 These terms and conditions constitute the entire contract ("the Contract") between you and EVØ Retreats. Unless expressly agreed to in writing, no other representation, warranty, condition or term shall form part of the Contract.
1.2 All bookings with service providers other than EVØ Retreats are subject to the terms and conditions and limitations of liability imposed by them and you agree to be bound by these. Some of these service providers limit or exclude liability in respect of death, personal injury, delay and loss or damage to baggage. EVØ Retreats does not accept any responsibility for any delay, loss or damage as a result of any act or omission of any third parties.
2. BOOKING AND PAYMENT
2.1 A non-refundable deposit of AUD $400.00 per participant is required at the time of booking.
2.2 Bookings and availability are not confirmed and no contract exists between you and EVØ Retreats until we have received the deposit payable for each participant. Upon receipt of the deposit, the booking will be confirmed subject to availability.
2.3 The balance of the retreat cost must be paid on or before the scheduled payment dates.
a) Once the deposit is made, the following payment will be due 30 days later. Thereafter, all remaining instalments will be due monthly until your retreat balance has been paid in full. A secure payment request will be emailed to you on or before each scheduled payment date.
b) If your deposit is paid 30 days or less before the retreat commencement date, the remaining balance must be paid in full by 19 April 2027.
2.4 EVØ Retreats reserves the right to cancel your booking if your payments are not paid by the required time and such a cancellation is subject to a cancellation fee as set out in clause 4.
3. CURRENCY FLUCTUATIONS AND OTHER COST INCREASES
3.1 Prices are based on costs and exchange rates calculated at the time of your booking and may be subject to change due to changes in exchange rates, the costs of suppliers or service providers or due to government charges or taxes. Where an increase to the price is deemed necessary by EVØ Retreats, because of such increase you agree to pay the increased amount.
3.2 If such an increase is more than 10% of the originally quoted price, you may elect to cancel your booking by notice in writing to EVØ Retreats within 10 days of notification to you of the increase. In such event, you will be paid a full refund and your booking will be cancelled.
4. CANCELLATION POLICY
4.1 Anyone wishing to cancel their retreat must notify EVØ Retreats in writing by email to hello.evoconnect@gmail.com (a 'delivered' receipt and a 'read' receipt should be attached to the email) or by posting the notice to EVØ Retreats' postal address above. Notice of cancellation will not take effect until received by EVØ Retreats.
4.2 As EVØ Retreats commences incurring expenses upon confirmation of a booking, EVØ Retreats shall charge a cancellation fee which is calculated as follows:
a) Individuals have the right to a 24 hour cool off period. During the 24 hours after the deposit is paid, anyone wishing to cancel may email EVØ Retreats at hello.evoconnect@gmail.com (a 'delivered' receipt and a 'read' receipt should be attached to the email) or by posting the notice to EVØ Retreats' postal address above, and a full refund of the deposit will be made plus the booking will be cancelled.
b) cancellations received more than 60 days before the commencement of the retreat will incur a cancellation fee of 50% of the price per person;
c) for cancellations received on or within 60 days of the commencement of the retreat no refund will be made;
d) no refund will be given for "no shows" or late arrivals to the retreat; and
e) no refund will be made for accommodation, meals, sightseeing or excursions or any other services not utilised.
4.3 Any cancellation by you of additional goods or services booked by EVØ Retreats at your request shall incur a 100% cancellation fee payable by you.
5. CHANGES TO RETREAT PROGRAM, MINIMUM NUMBERS AND FORCE MAJEURE
5.1 EVØ Retreats endeavours to operate all retreats as described. However, the nature of EVØ Retreats requires participants to allow for changes or alternatives to any aspect of the retreat due to circumstances which are beyond EVØ Retreats' control.
5.2 EVØ Retreats reserves the right to make such changes at any time where they are deemed to be reasonably necessary by EVØ Retreats.
5.3 EVØ Retreats are costed according to a minimum number of participants. In the event of insufficient confirmed bookings 30 days prior to the commencement of the retreat, EVØ Retreats reserves the right to cancel the retreat and a refund will be provided to all participants for the costs that EVØ Retreats is able to recover. No other compensation will be payable by EVØ Retreats to you.
5.4 EVØ Retreats will advise you of any major change to the retreat as soon as it is reasonably possible and you may notify EVØ Retreats within 10 days of that notice (but not less than 5 days before the commencement of the retreat) of your withdrawal from the retreat with a full refund of monies paid to EVØ Retreats. However, EVØ Retreats shall not be liable to pay compensation to you.
5.5 A major change is one which substantially and materially alters the nature and substance of the retreat as a whole but does not include events of force majeure.
5.6 All other changes are deemed to be minor.
5.7 Where changes must be made to a retreat program due to force majeure, no compensation will be paid and any cancellation by you will be subject to a cancellation fee. If the retreat must be cancelled prior to its commencement due to force majeure, no compensation or refund will be made.
5.8 EVØ Retreats is not responsible for the costs of any other travel arrangements made by you which may be affected by any delay or cancellation, rescheduling or change of any aspect of the retreat.
5.9 For the purposes of clauses 5.5 and 5.7, force majeure means any unusual and unforeseeable circumstance or event beyond EVØ Retreats' control, the consequences of which EVØ Retreats could not avoid. Examples include war or threat of war, riots, political or civil strife or unrest, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, floods, health risk, pandemic or epidemic, Acts of God, or other similar events.
6. LIABILITY FOR PERSONAL INJURY, LOSS OR PROPERTY DAMAGE
6.1 EVØ Retreats shall have no legal liability whatsoever:
a) for any loss or damage to your property, luggage or other personal effects, and such items shall remain at your risk at all times, including when being carried by or under the control of EVØ Retreats, its employees, agents or contractors;
b) for any inconvenience, delay, illness, personal injury, or death, or any other loss or damage you may suffer arising directly or indirectly from any aspect of the retreat;
c) for any injury, damage, death, loss, accident or delay to you or your property due to an act and/or omission of any supplier or service provider to EVØ Retreats or by an Act of God; or
d) for any loss, damage or delay due to an event of force majeure, sickness or injury to a participant on the retreat, theft, or any other causes beyond EVØ Retreats' control.
6.2 You must consider all travel and itinerary information of relevant authorities and you acknowledge that your decision to participate in the retreat is made in light of your consideration of such information and you assume the personal risks involved in such travel.
6.3 You agree, for yourself and your heirs, executors, administrators and assigns to release EVØ Retreats, its employees, agents, officers, representatives from any and all claims for loss, damage, personal injury or death caused, contributed to or suffered by you as a direct or indirect result of your participation in the retreat and, to the fullest extent permitted by law, you expressly waive any claims you may have against EVØ Retreats arising out of or in connection with your participation in the retreat. You acknowledge that the retreat is physical, dangerous, involves boxing, strength training, yoga and nervous system practices including but not limited to breathwork and that there are potential hazards and a degree of risk associated with participating. You assume responsibility and liability for all associated risks of the retreat.
6.4 Participation in the retreat should only be considered if you are in proper physical and medical condition to undertake the retreat activities. You are responsible for determining whether you are able to meet the physical demands of the retreat and your health and wellbeing throughout the retreat remains your responsibility. If you have any doubts or concerns as to your health, fitness to participate and the potential risks, you should not book your retreat.
6.5 To the fullest extent permitted by law any condition or warranty which would otherwise be implied by law into these terms and conditions is excluded.
6.6 To the fullest extent permitted by law, any claim by you for indirect or consequential loss, loss of profits, economic loss, or for special, punitive or exemplary damages is excluded.
7. RETREAT DETAILS, AND PARTICIPANT CONDUCT AND BEHAVIOUR
7.1 EVØ Retreats aims to provide a safe, enjoyable and memorable experience for all participants. However, EVØ Retreats are designed for people with a cultural interest and we ask that you consider the following before making a booking:
a) EVØ Retreats does not employ medical personnel. Any necessary medical care you need will be provided locally at your cost. EVØ Retreats will not be responsible or liable for the quality of the care or services that you receive; and
b) Given the physical demands of our retreats, we strongly recommend all participants ensure they have the physical and mental health to participate in the retreat activities.
7.2 Participants are responsible for all travel arrangements and costs to and from the retreat commencement and conclusion point.
7.3 EVØ Retreats representatives may be required to make decisions during the retreat for the safety or wellbeing of you or the group and all such decisions of the representative are final. By making a booking, you agree to comply with such decisions of the EVØ Retreats representative.
7.4 All participants and EVØ Retreats representatives have a right to travel and work in a safe and enjoyable environment. EVØ Retreats may, at its absolute discretion, immediately remove you from the retreat if you cause any threats to the safety or wellbeing of any person, or for inappropriate behaviour. In such circumstances, no refunds will be given and EVØ Retreats will not be liable for any costs or claims by you.
7.5 You are responsible for compliance with all laws of the country in which the retreat operates.
7.6 Any costs incurred at accommodation facilities due to damage by you or requiring excess cleaning fees must be paid by you.
7.7 In the event that you are prevented from traveling on any form of transportation because you are deemed to be unfit for travel by the EVØ Retreats representative or a representative of the travel provider, EVØ Retreats has no further responsibility as to your journey or your participation in the retreat. Full cancellation charges will be incurred by you and no refund will be given nor will EVØ Retreats be under any obligation to pay compensation or to cover any of your costs incurred as a result of such events.
7.8 The retreat is held and operated on a strictly no alcohol and no illicit drugs basis. Participants who breach this requirement will be immediately removed from the retreat.
8. COMPLAINTS
8.1 Any complaints during the retreat should be raised with the EVØ Retreats representatives, suppliers or service providers at the time so that issues may be resolved promptly.
9. INSURANCE
9.1 All participants must take out comprehensive personal travel insurance to cover the full duration of the retreat. The insurance must cover all of the activities that you will participate in during the retreat. Your insurance details must be provided to EVØ Retreats prior to the commencement of the retreat.
9.2 Your comprehensive personal travel insurance must, as a minimum, cover cancellation due to unforeseen circumstances or events, illness, accident or death, medical expenses, personal accident, death, property damage and loss, lost baggage, emergency repatriation and public liability.
9.3 You agree to indemnify EVØ Retreats against all third-party claims, actions, damages and remedies which may be brought against EVØ Retreats in respect of your participation in the retreat.
10. WHAT IS NOT INCLUDED IN THE RETREAT PRICE
10.1 Airfares and other travel expenses incurred to and from the retreat commencement and completion points, airport taxes, passport, visa and any other permit or certificate fees, insurance, any personal expenses, medical fees, sightseeing, entrance fees, and meals not included in the itinerary, baggage costs, optional activities and excursions and the like are not included in the retreat price unless specifically included as part of the itinerary or agreed in writing.
11. PROMOTIONAL MATERIAL
11.1 You agree that your image (video and photo) may be taken by EVØ Retreats representatives and used by EVØ Retreats for promotional purposes such as use on our website, social media, in brochures and/or advertising material or publicity material without obtaining further consent from you or providing you with any payment in respect of such use. The grant of such a licence is irrevocable and operates worldwide.
12. PASSPORTS, VISAS AND DOCUMENTATION
12.1 You are required to have a valid passport and all necessary visas, permits and certificates required for your retreat as well as any necessary vaccinations. A valid passport must be carried at all times and be valid for 6 months beyond the completion date of the retreat.
12.2 EVØ Retreats is not responsible for any refused entry to a country because of lack of the correct passport, visa, or other travel documentation.
12.3 EVØ Retreats also requires information in order to make the necessary retreat arrangements. Necessary details include your full name as stated on your passport, your date of birth, nationality, passport number, passport issue and expiry date.
12.4 Any personal information that EVØ Retreats collects from you may be used for any purpose associated with arranging or operating the retreat. We may also use your email address to send you information about upcoming events. The information may be disclosed to EVØ Retreats' agents, service providers or other suppliers in order to arrange or operate the retreat. EVØ Retreats will otherwise treat your details as private and confidential.
13. LAW AND JURISDICTION AND DISPUTES
13.1 This Contract shall be governed by laws of the State of Victoria, Australia and shall be subject to the jurisdiction of the courts of Victoria.
13.2 The exclusive venue for any action against EVØ Retreats shall be in the courts of the State of Victoria, Australia.
13.3 If any provision of this Contract is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be deemed to be amended accordingly or severed from the Contract. The remaining terms and conditions of the Contract shall remain valid and enforceable and continue to be binding.
13.4 If you are unsuccessful in any legal action instituted against EVØ Retreats, you agree to pay all EVØ Retreats' costs, including but not limited to any legal costs EVØ Retreats may incur on a full indemnity basis.
14. SPECIFIC ACKNOWLEDGMENTS BY PARTICIPANTS REGARDING RETREAT ACTIVITIES
14.1 By submitting a booking with EVØ Retreats, you acknowledge and agree that:
a) breathwork, nervous system regulation practices, guided self-inquiry, coaching exercises, and emotional processing activities may give rise to physical sensations, emotional responses, memories, insights, or psychological discomfort;
b) you understand that these practices are intended for personal development and wellbeing purposes only and are not a substitute for medical care, psychological treatment, psychotherapy, psychiatric services, crisis support, or any other healthcare intervention;
c) you accept full responsibility for your decision to participate in these activities;
d) you will immediately inform facilitators of any concerns or changes to your health, wellbeing or capacity to participate safely;
e) EVØ Retreats may include activities such as boxing, strength training, yoga, breathwork, nervous system regulation practices, meditation, coaching, emotional processing exercises, outdoor activities, water-based activities, and other wellness experiences;
f) these activities may involve physical exertion, elevated heart rate, changes in breathing patterns, emotional release, psychological discomfort, and exposure to environmental conditions that carry inherent risks;
g) you are physically, mentally and emotionally capable of participating in retreat activities and have disclosed in writing to EVØ Retreats all relevant medical, psychological and physical conditions that may affect your participation or safety through the retreat;
h) certain activities, including breathwork and intensive physical exercise, may not be suitable for individuals with certain medical or psychological conditions;
i) EVØ Retreats, its facilitators, coaches, contractors and representatives are not medical or mental health practitioners unless expressly stated and do not provide medical diagnosis, treatment, or therapy;
j) you have voluntarily assumed all risks associated with participation in retreat activities, whether known or unknown, and you accept personal responsibility for monitoring your own physical, emotional and psychological wellbeing throughout the retreat;
k) EVØ Retreats may, at its sole discretion, modify, restrict or prohibit participation in any activity where it reasonably believes participation may present a risk to the participant or others. No refund or compensation will be payable where participation is limited or restricted for safety reasons; and
l) participation in all retreat activities is voluntary and that you may choose to withdraw from any activity at any time.
m) EVØ Retreats will do its best to accommodate dietary requirements where possible. It is your responsibility to disclose any dietary requirements, allergies, or food sensitivities prior to booking. If you are unsure whether your needs can be accommodated, please contact us before booking.
By making a booking, I confirm that I have read and understood these Terms and Conditions and agree to be bound by them, and that all information I have provided is true and correct. Where required, participants will complete and sign the EVØ Retreats Booking Form and Medical Declaration prior to the retreat.