Terms of Service

Please carefully read all the terms and conditions of this contract detailed below before purchasing a nature connection program with Wilderness Within (hereinafter, “Company”). For and in consideration for being permitted to participate in the Program and/or Retreat you have selected with Company (the “Program” and/or “Retreat”), you (the undersigned) agree to accept and be bound by the terms and conditions set forth herein.

1 REGISTRATION.
To reserve a spot for the Program or Retreat Experience, you must click the product corresponding to the Program or Retreat Experience of your choice to your cart and follow the checkout instructions on the Website to submit your information and non-refundable deposit specified on the Website for the Retreat/Experience (the “Deposit”) (collectively, the “Registration Materials”). Unless otherwise stated on the Website, deposit amounts are considered to be 30% of the total Program or Retreat Experience fee. You can register for your Program or Retreat Experience via a full Program or Retreat Experience payment or part payment. You will NOT have a reserved spot for the Program or Retreat Experience if you fail to provide all of the Registration Materials.

2 CONFIRMATION AND ITINERARY SUBJECT TO MODIFICATION.
After Company receives your Registration Materials, you will receive a confirmation email. Please contact us if you do not receive a confirmation email within five (5) business days of submitting your Registration Materials. Thereafter, we may send you, and you consent to receive, correspondence related to the Program or Retreat Experience and the Company, including the itinerary for the Retreat or Experience. Such itinerary is subject to change and Company expressly reserves the right to modify the itinerary at any time due to availability of third party vendors, weather conditions, local conditions, or other circumstances out of our control (see also Section 5 below).

3 PAYMENT TERMS.
(1) Total Payment. The Total Payment is due in full no later than twenty-one (21) days prior to the departure date of the Program or Retreat Experience specified on the Website (the “Payment Due Date”). If company does not receive your total payment on or before the payment due date, company may cancel your reservation without notice.

(2) In order to receive early-bird pricing that may be advertised on the website at any given time, your deposit and total payment must be received on or before the final date of the early bird period as advertised on the website at that time.

(3) In order to receive early-bird pricing that is paid in installments, either by private arrangement or a Third Party Subscription Service, your payments must be received on the day/s which are agreed upon at the time of your booking. If company does not receive your payment on or before the payment due dates, company may cancel your reservation without notice.

(4) All pricing, unless otherwise specified, is in Australian Dollars. Any charges incurred from foreign currency conversion or transactions are your sole responsibility and you will not hold Company liable for any such charges.

(5) You may be charged a fee for paying by credit card. This surcharge is in accordance with the Competition and Consumer Act and is in the amount equal to that charged by our Payment Gateway Service provider, EventBrite, in order to process the payment.

4 WEATHER
Company bears no responsibility for any losses caused by inclement weather including but not limited to tsunamis, cyclones, volcanic ash clouds or any other natural phenomena that may impact the Program or Retreat Experience or that may impact your travel to and from the country or location of the Program or Retreat Experience in any way. Company will not provide any refunds, discounts or credits for late arrival or early departure from the Program or Retreat Experience due to weather, delays, commitments or for any other reason.

5 CHANGES OR CANCELLATIONS.
(1) Changes. Company reserves the right to make changes to any and all aspects of Program/Retreat Experience (which may include without limitation changes to the dates of the Program/Retreats, types and/or timing of activities available during the Program/Retreat, items and/or services included with the Program/Retreat, the itinerary, and/or the nature of the Program/Retreat Experiences) if, in Company’s sole discretion, Company deems it necessary to do so due to conditions that may be hazardous, dangerous, or otherwise adverse or threatening, if an act or omission of a third party prevents any such aspects of the Program/Retreat or any portion of the Retreat/Experience, or for any other reason considered commercially necessary by Company. You will not be eligible for any refunds of any amounts based on any such changes to the Program/Retreat.

(2) Cancellations and Transfers/Rescheduling.

a By Company. Company reserves the right to cancel your reservation if your Total Payment is not received on or before the Payment Due Date and you will not be eligible for any refunds of any amounts.

Company further reserves the right to cancel and reschedule the Program/Retreat prior to the first Date of Departure/Venue Arrival for any reason, including but not limited to an insufficient number of registrants, any other commercial reason in Company’s sole discretion, or due to a natural disaster, illness, civil unrest or any other unforeseen circumstance out of the company’s control. In such event you are able to transfer the entire amount you remitted to Company, to another Program/Retreat within 18 months. In no event will Company be responsible for any amount, including preparation costs, airfare, travel documents, or any other Losses or claimed damages.

b By You. All cancellations by you (for any reason, including illness and COVID close contact regulations) must be in writing and emailed to Wilderness Within at the contact email address specified on the Website. If cancellation takes place 21 days prior to the Program/Retreat start date, any payments made by you will be refunded, except a non-refundable fee (30% of total program fee). If cancellation takes place within 21 days of the beginning of the Program/Retreat, you forfeit the entire amount remitted to Company.

All requests to transfer by you (for any reason, for any reason including illness and COVID close contact regulations) must be in writing and emailed to Wilderness Within at the contact email address specified on the Website. If you wish to transfer your place to someone else then it must be in writing and emailed to Wilderness Within at the contact address specified on the Website.
c Effect of Changes or Cancellation. In the event of any change or cancellation under this Section 5, you acknowledge that you will have no right of refund of the Total Payment (whether in whole or in part, except as expressly provided in Sections 5(2)(a) and 5(2)(b)) and no right to claim compensation for any Liabilities incurred and/or sustained by virtue of any change or cancellation.

6 PHOTOS, VIDEO, OTHER MEDIA RELEASE.
By and in consideration for being permitted to participate in the Program/Retreat, you irrevocably grant Company and its agents and representatives all rights to use, reproduce, display, exhibit, publish, distribute, and/or produce derivative works based on your image, likeness, and voice as recorded by any camera and/or on any video, audio, and/or other media (collectively, “Likeness”) worldwide, in perpetuity, without compensation, payment, or other additional consideration of any kind, for any lawful purpose, including without limitation for marketing and trade purposes. You agree that your Likeness may be used, reproduced, displayed, exhibited, published, edited, or distributed by Company at its sole discretion. You understand that your Likeness may be used in various publications, promotional or marketing materials, and/or social media, unrestricted by time or geographic area and consent to such uses. You further understand and grant permission to Company and its agents and representatives to electronically display any Likeness of you on the Internet or in other public settings. You hereby waive the right to inspect or approve any and all materials in which your Likeness may appear. You further waive any right to royalties or other compensation arising or related to the use of your Likeness. This release applies to all photographic, audio, and/or video recordings collected as part of, in connection with, and/or during the Retreat/Experience (by Company or any third party). There is no time limit on the validity of this release nor is there any geographic limitation on where materials including your Likeness may be used, reproduced, displayed, exhibited, published, and/or distributed by or on behalf of Company.

7 VOLUNTARY PARTICIPATION IN STRENUOUS ACTIVITY.
You acknowledge that you are voluntarily participating in the Program/Retreat with Company, which may include strenuous physical activity including without limitation walking, running, hiking, dancing, climbing, swimming, jumping, yoga, plyometrics, knife carving, hunting activities, Program Classes, and various other exercises or physical activity (“Physical Activity”). You acknowledge that you are fully aware of the risks and hazards connected with participation in the Program/Retreat and/or engaging in Physical Activity, which may include the risk of serious injury (e.g., heart attacks, muscle strains, pulls, tears, broken bones, shin splints, and other illnesses) or death, and you hereby elect to voluntarily participate in such Physical Activities as part of the Program/Retreat.

8 HEALTH AND FITNESS ELIGIBILITY.
You represent that you are over the age of eighteen (18) and are healthy, in good physical and mental health, and are at a level appropriate to participate in, and are fully capable of participating in, the Program/Retreat. You further represent that you do not suffer from any medical conditions or disabilities that may restrict, limit, prevent, or preclude your participation in the Program/Retreat, including any Physical Activities. You have consulted with your physician and your physician has authorised you to participate in the Program/Retreat, including any Physical Activities. You will discuss and address any questions or concerns you may have about your physical or mental health with the appropriate health care professional prior to the start of your Program/Retreat. Documentation from your physician confirming your clearance to participate in the Program/Retreat can be provided upon request. If, at any time, you have any doubts about your physical condition or fitness to participate in any aspect of the Retreat/Experience, you will cease participation in the same and seek appropriate medical attention.

You are hereby advised that the Retreat/Experience may take place in remote areas where there is little or no access to traditional medical services or hospital facilities for serious health issues (or your particular health issues). You are further advised that any medical or evacuation expenses will be your sole responsibility.

As a result, we strongly encourage you to purchase travel insurance with appropriate coverage for your needs. We reserve the right in our sole discretion to refuse your participation in the Program/Retreat, any Program/Retreat Experiences, Physical Activities, and/or any other activities, due to medical, fitness, or other grounds. Company also reserves the right to deny participation in the Program/Retreat or any related activities at any time to individuals demonstrating behaviour that may result in injury to themselves or others.

9 ASSUMPTION OF RISK.
You understand that serious accidents may occur during Physical Activities, including without limitation nature connection and Program/Retreat Experiences, and that participants can sustain fatal and/or serious personal injury. As stated above, the Program/Retreat may take place in a remote location where there is little or no access to traditional medical services or hospital facilities for serious and/or particular health issues. You may also be visiting places where the political, cultural, and geographical attributes of the location present risks and physical challenges that are greater than those present in your country of residence. It is your own responsibility to familiarise yourself with all possible relevant travel information in connection with your participation in the Program/Retreat. Understanding and in full consideration of the foregoing, you agree to solely and exclusively assume full and complete responsibility for and the risks inherent in travel and engaging in Physical Activity (including Program/Retreat Experiences) which may include injury, death, property damage, and/or any other kind of Liability, whether foreseen or unforeseen, which may occur during your participation in the Program/Retreat. You acknowledge that your decision to participate in the Program/Retreat is made in full consideration of the foregoing information and that you solely and exclusively assume the risks involved with participating in the Program/Retreat. In no event will company be liable for any liabilities arising from or in connection with your participation in the Program/Retreat.

10 INJURY.
In the event you are injured while participating in the Program/Retreat, you agree to assume all financial obligations for any and all medical costs you incur. You acknowledge and agree that in no event shall company and/or any company party be liable or responsible for any losses or liabilities arising out of your participation in the Program/Retreat.

11 WAIVER OF LIABILITY AND RELEASE.
In consideration for participating in the Program/Retreat, you voluntarily assume full responsibility for and hereby release, waive, discharge, do not hold liable, and covenant not to sue company, its officers, members, agents, contractors, employees, volunteers, guides, and other representatives (each a “company party” and collectively, the “company parties”) for any and all claims, demands, actions, causes of action, and/or losses (including but not limited to any exemplary, direct, indirect, incidental, special, consequential, punitive, or other damages, medical expenses, lost wages/income, loss of services, lost profits, property damage, pain, illness, and death) (collectively “liabilities”) whatsoever arising out of or in any way related to your travel to and/or participation in the Program and/or Retreat Experience and/or any activities conducted in connection therewith, regardless of whether such liabilities are caused by the negligence of any company party or otherwise, and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, even if any company party has been advised of the possibility of such liabilities, to the fullest extent.

You have been advised and urged to obtain travel insurance to cover against Liabilities resulting from trip cancellation or interruption, weather, natural disaster, strike, illness, job reasons, accident, sickness, evacuation, pre-existing medical conditions, baggage delay, loss, theft, and other Liabilities associated with travel and your participation in the Program/Retreat. You acknowledge that whether or not you elect to purchase or not purchase travel insurance, you will not look to any of the Company Parties for reimbursement for any Liabilities suffered or occurring during your travel and/or participation in the Program/Retreat.

12 INDEMNITY.

You further hereby agree to indemnify and to not hold liable the company parties for any and all liabilities (including without limitation court costs and attorneys’ fees) that one or more of the company parties may incur as a result of your participation in the Program/Retreat, whether caused by the negligence of any company party or otherwise (but excluding any gross negligence or wilful misconduct of a company party), to the fullest extent allowed by applicable law.

13 BINDING EFFECT.

It is your express intent that this Agreement shall bind the members of your family and spouse, if you are alive, and your heirs, assigns and personal representative, if you are deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE any of the Company Parties.

14 GENERAL.

(1) Entire Agreement.
This Agreement constitutes the entire agreement between you and Company, and supersedes any prior agreement, regarding the subject matter herein. You acknowledge and represent that no oral representations, statements, or inducements, apart from those set forth herein, have been made to you by any Company Party.

(2) Force Majeure.
If Company is prevented (directly or indirectly) from performing any of its obligations under this agreement by reason of any Act of God, strike, trade dispute, fire, inclement weather, breakdown, interruption of transportation networks/means, government or political action, acts of war or terrorism, acts or omissions of a third party, or for any other cause whatsoever outside of Company’s reasonable control, company will be under no liability whatsoever to you and may, at company’s sole discretion, by written notice to you, either cancel the Program/Retreat pursuant to section 9 or take any other reasonable action.

(3) Interpretation.
You acknowledge and agree that this Agreement, including the releases and waivers of liability herein, are intended to be as broad and inclusive as permitted by applicable law.

(4) Severability.
Any provision in this contract which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this contract or affecting the validity or enforceability of that provision in any other jurisdiction.

(5) Waiver.
The failure or delay by Company to enforce or exercise any provisions of this Agreement shall not constitute or be deemed a waiver of such provision or any other provisions herein. Furthermore, any waiver or breach of any provision of this Agreement shall not amount to a waiver of any other provision.

(6) Headings.
The headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions herein.

15 PARTICIPANT ACKNOWLEDGEMENT

(1) I have been examined by a Licensed Medical Practitioner (“Practitioner”) within the past six months and have been found by such Practitioner able to perform all vigorous activities, which I am to perform during my Program/Retreat with Company.

(2) I will follow all instructions given to me by Company, its Coaches and any Guest Coaches or affiliates at the Program/Retreat Experience as to when, where and how to perform and not to perform any activities within the Program/Retreat Experience.

(3) I agree and acknowledge that participation in any Program/Retreat could constitute a risk of serious injury to myself, including permanent paralysis or death. I voluntarily and knowingly recognise, accept and assume this risk a warrant that I am physically fit and able to perform the physical activities at the Program/Retreat, including but not limited to nature connection practices, hiking, Movement Practices without risking serious injury, including permanent paralysis or death.

(4) I acknowledge that neither Company, its Owners, Coaches or Employees shall be nor be deemed to be responsible or liable (whether in contract or in tort or under any statute whatsoever), for any injury, illness or other mishap I sustain arising from or out of, or in any way directly or indirectly connected with the Program/Retreat Experience.

(5) I understand and acknowledge that I am to receive instruction in nature connection practices, survival skills and movement practices and theory only. Company, its Owners, Coaches or Employees are not liable for, nor expected to provide any advice, training or medical assistance other than in the form of the nature connection, survival skills and movement practices.

(6) I indemnify and will at all times hereafter keep fully indemnified Company, its Owners, Coaches, Representatives or Employees from and against all actions, suits, causes of action, proceedings, claims, costs and expenses whatsoever which may be taken or made against Company, its owners, Coaches, representatives or Employees in connection with or arising out of any such injury, illness or mishap to me.

(7) In the event that I am pregnant, I will not attend a Program/Retreat Experience until I have discussed the potential risks to me or my unborn child/foetus with my physician. I agree that I will follow my physician’s recommendations and on behalf of myself, my heirs, spouse or other interested party do not hold Company, its owners, coaches or employees liable for any possible injury to myself or my unborn child/foetus.

(8) The deposit paid by me at the time of booking a Program/Retreat Experience to Company is non-refundable. Company may in its sole discretion grant refunds to me without prejudicing any of its rights.

(9) I understand that if my behaviour is disruptive to other participants and Company that Company may, in their discretion, dismiss me from further participation in the Program/Retreat Experience.

I understand that if I am dismissed from the Program/Retreat Experience as outlined in 19(9) any refund of payment is at the sole discretion of Company.

16 CHANGES IN TERMS

You acknowledge that Company may at any time and for any reason change, alter, remove or add terms to this agreement without a requirement for your consent. If any such terms are changed, altered, removed or added the Company will notify and provide you with an updated copy of such terms. Any change, alteration, removal or addition of terms will not apply retrospectively, unless expressly stated in the term. You are not eligible for any refund, discount or credit should the change, alteration, removal or addition of a term cause you any loss, damage or inconvenience.

17 YOU ARE AWARE OF THE POTENTIAL DANGERS INCIDENTAL TO PARTICIPATING IN THE PROGRAM OR RETREAT EXPERIENCE, AND ACKNOWLEDGE THAT THIS IS A CONSENT, RELEASE OF LIABILITY AND A WAIVER OF YOUR LEGAL RIGHT TO COLLECT DAMAGES IN THE EVENT OF INJURY, DEATH, PROPERTY DAMAGE, OR ANY OTHER LIABILITY, WHICH CREATES A CONTRACT BETWEEN YOU AND COMPANY. BY TICKING THE TERMS OF SERVICE BOX ON YOUR BOOKING FORM FOR YOUR PARTICULAR PROGRAM OR RETREAT EXPERIENCE, IT IS YOUR INTENTION TO EXPRESSLY ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ANY OTHER LIABILITY UPON YOURSELF, TO THE EXCLUSION OF COMPANY AND ALL COMPANY PARTIES, AND TO EXEMPT COMPANY AND ALL COMPANY PARTIES FROM LIABILITY FOR, PERSONAL INJURY, PROPERTY DAMAGE, DEATH, OR ANY OTHER LIABILITIES.