Hayley Carr International Pty Ltd 2022
Retreat Participation Terms & Conditions
Hayley Carr is a Life and Leadership Coach, and skilled NLP Practitioner. Hayley works with selected clients to support them with mindset, confidence, and personal tools for critical thinking, overcoming adversity, effective leadership, mindfulness, sustained peak performance, and to develop more profound levels of consciousness when it comes to higher levels of performance.
From time to time, Hayley and her team run exclusive retreat events to support the personal development journey of clients who have chosen to engage with Hayley’s unique and effective coaching practices and programs.
This Retreat Participation Terms and Conditions (the “Agreement”) provides for the conditions of participation in any retreat program by Hayley Carr and is a legally binding document between you (the “Participant) and Hayley Carr (the “Retreat Organiser”) upon the purchase of your ticket to any retreat program.
Please read this Agreement carefully and address any questions you may have to hola@hayleycarr.tv.
TERMS AND CONDITIONS
1. Current retreat programs
Hayley Carr currently runs the following retreat programs. Dates and locations may vary for each or any retreat from year to year, and you are advised to check the website regularly for confirmation of Hayley Carr events/retreats dates and locations.
1.1 Play Bigger Feel Better (3 days) - $1800
1.1.1 The Play Bigger Feel Better Retreat is a 3-day group coaching event
1.1.2 Coaching is provided as follows
● Facilitated group coaching
● 1:1 random selection hot-seat style coaching
1.1.3 Additional group masterclasses may be included
Dates
1.1.4 The Play Bigger Feel Better Retreats are run 1-2 times a year.
1.1.5 Confirmed dates can be accessed at https://hayleycarr.tv/play-bigger-feel-better.
Payment Terms
Booking fee
1.1.6 A non-refundable booking fee of $180 is required at the time of booking your place in the Retreat.
Payment Plan
1.1.7 The total payment under a payment plan is $2000.
1.1.8 Payment instalments are calculated over a 4 or 6-month period determined by the time of the ticket purchase.
1.1.9 All payments are processed online via credit or debit card, or PayPal.
1.1.10 Tickets may be transferred to another approved participant, and a transfer fee of $200 will apply.
2. Registration
2.1 By registering for any retreat by Hayley Carr, you agree to all the terms of this Agreement.
2.2 Please contact hola@hayleycarr.tv if you have questions about this Agreement or your chosen retreat experience by Hayley Carr.
2.3 The event registration fee does NOT include transportation to and from the event venue, any meals, or hotel accommodations unless otherwise stated.
2.4 Hayley Carr is not responsible for any losses you suffer for non-refundable travel, and you are advised to book any non-refundable travel AFTER your registration has been confirmed by Hayley Carr.
3. Cancellation and refunds
Significant levels of planning, preparation and collaboration have been invested in planning Retreats by Hayley Carr to ensure an unforgettable and unique experience for you. Therefore, we have a strict refund policy.
3.1 Refunds will not be available in the following circumstances:
3.1.1 if you change your mind within 30 days of the Retreat.
3.1.2 If you fail to provide medical evidence as requested below.
3.1.3 If you fail to provide evidence of comprehensive travel insurance 14 days prior to your arrival at the Retreat.
3.2 The following fees will apply to approved refunds in addition to the non-refundable booking deposit amount of each Retreat.
90 Days prior to the Retreat event
3.2.1 You may cancel your booking 90 days before commencement of the Retreat and receive a full refund, less the non-refundable deposit.
29-89 days prior to the Retreat event
3.2.2 You may cancel your booking up to 30 days prior to departure. A cancellation fee of the greater of 50% of the payment received including the non-refundable deposit will be deducted from the refund amount.
30 days prior to the start date of the Retreat
3.2.3 Refunds will not be given for cancellations under 30 days prior to departure.
3.2.4 The balance will be refunded to the bank account the payment was made from only.
3.2.5 All cancellations and requests for refunds must be in writing by email to hola@hayleycarr.tv.
3.2.6 Cancellations in the event of illness will require a medical certificate from a medical professional and will be subject to all fees above. Please include a copy of your medical certificate with your cancellation request.
3.3 Cancellation by Hayley Carr
In the event of cancellation of a retreat is by Hayley Carr for reasons other than Force Majeure (uncontrollable circumstances as described in Clause 14 below) you will be offered an alternative date for a future retreat, or you will be provided with a full refund.
3.4 Minimum numbers requirement
3.4.1 Where the minimum number of participants required for the viability of the Retreat is not reached, Hayley Carr reserves the right to cancel the retreat event.
3.4.2 In the event of any cancellation by Hayley Carr:
a. you will be offered an alternative date for a future retreat, or
b. your deposit and all other monies paid will be refunded in full.
4. Third-party service providers
4.1 You acknowledge that the Retreat Organiser contracts with a range of third parties and individuals to assist in the running of its retreats and event.
4.2 To the best of the Retreat Organiser’s knowledge, these third parties are qualified to perform the duties they are contracted to perform.
4.3 The Retreat Organiser will not be held liable for injury, damage, loss, delay or irregularity or anything that may occur due to the behaviour of these third parties.
4.4 Any advice or information given is given in good faith, but the Retreat Organiser will not be held liable for any outcome resulting from such advice.
5. Medical treatment—consent
5.1 As a Retreat Participant, you consent to:
5.1.1 Receive medical assistance/treatment, which may be deemed advisable in the event of injury, accident, or illness during the Retreat.
5.1.2 Waive any right to bring an action for loss or damage against the Retreat Organiser where assistance/treatment (provided or attempted) has accidentally worsened your condition.
Vaccinations and Medical Clearance for Travel
5.2 As a Retreat Participant, you understand and agree that:
5.2.1 You are responsible for obtaining clearance from a qualified medical practitioner to travel and participate in this Retreat.
5.2.2 You are responsible for ensuring that you have obtained any vaccinations and medical requirements for travel to the retreat destination, including any stopovers to and from this destination.
6. Travel insurance
6.1 It is a condition of registration and participation that all Retreat participants obtain comprehensive travel insurance that covers their travel, belongings and health events.
6.2 You will be required to provide evidence of a valid comprehensive travel insurance policy to the Retreat Organiser at the time of payment of the balance full or final payment.
6.3 Where international travel is required to attend a retreat, you will not be able to participate in the Retreat if you do not provide evidence of travel insurance at a minimum of 14 days prior to your arrival at the Retreat.
6.4 A refund will not be available for any payments for your failure to obtain travel insurance in the requested time.
7. Consent to use of video and photography image
7.1 You understand you may be photographed or filmed during your participation in any retreat by Hayley Carr.
7.2 You agree to allow your photograph(s), video, or film likeness, in original, altered or enhanced state to be used for any legitimate purpose by Hayley Carr.
7.3 Legitimate purpose includes, but is not limited to, marketing purposes such as website, promotional material for public display and distribution, media release, social media (including but not limited to Facebook, Twitter and Instagram).
8. Personal conduct
As Retreat Participant, you agree to the following:
11.1 To conduct yourself with personal responsibility and at any Hayley Carr retreat.
11.2 Should you engage in inappropriate, illegal or disruptive behaviour you will be asked to leave the Retreat at your own cost and no refund will be available.
Note:
Inappropriate, illegal or disruptive behaviour includes but is not limited to bullying, harassment, discrimination, unlawful, disrespectful or violent or intimidating behaviour.
Any person includes but is not limited to Hayley Carr personnel and employees, the local community, other guests and participants) -.
11.3 During any “free time,” you are liable for the activities that you undertake and do so with the knowledge that Hayley Carr or any of its employees are not liable for your decisions.
11.4 Any intake of alcohol or legal/illegal drugs are done so at your own risk, and Hayley Carr is not held liable for consequences arising out of your actions in this regard.
11.5 You, and not Hayley, are solely responsible for any liability for repair, replacement, medical and other associated costs, and any fine or penalty imposed by any relevant authority arising out of your negligence or deliberate act or omission causing damage to any equipment, premises, vehicle, public or private property or land, or injury harm or death to any person, animal domestic or wild, or flora.
11.6 Hayley Carr takes no responsibility for the conduct of retreat participants. She will not be held liable for any loss or damage to person or property caused by another retreat participant(s).
Personal items and belongings
11.7 You are solely responsible for the safekeeping and care of your personal items and valuables.
11.8 Hayley Carr holds no responsibility whatsoever for any loss, theft, breakage or damage to personal items and belongings during any Retreat experience, to and from the Retreat or during any Retreat related experience.
Privacy of fellow participants
11.9 You may take written notes during all coaching sessions; however, you are prohibited from recording presentations or private conversations without express consent from Hayley Carr or any other party.
11.10 You agree not to post selfies and photos taken by you with other participants without their express consent.
12. Liability waiver and indemnity
12.1 You agree that Hayley Carr is not responsible for any loss, damage, cost, expense or other liability whatsoever incurred by you arising out of:
12.1.1 Injury, accident or death
12.1.2 Any delay, inconvenience, loss of enjoyment, or frustration, whether physical or mental resulting from, but not limited to any of the following factors:
a The act or omission of any party, including Hayley Carr or its employees.
b Mechanical breakdown, government actions, weather or any other factors beyond Hayley Carr’s control.
c Your failure to read the information provided or follow instructions including but not limited to obtaining sufficient travel protection and health insurance, and providing correct and complete personal health and travel information.
d Your cancellation or change of any travel services; and
e Your medical or health problems or physical disabilities stated or otherwise.
12.2 Release from liability
You agree that Hayley Carr is released from all liability arising from any negligence or fault, for your death, disability, personal injury, property damage, property theft, or actions of any kind which may occur to you, including your travel to and from the Retreat, food poisoning and accommodation issues.
13. Assumption of risk
13.1 You are responsible for your own success, and you accept full and sole responsibility for your own decisions, actions and results.
13.2 You understand and agree that Retreat Organiser does not provide any implied or explicit warranty as to the truth or reliability of any material or information and that any information provided to you during the Retreat and through any media. Any such material or information is not tailored or specific legal, tax, investment, business advice or medical advice.
13.3 The information presented is for educational and entertainment purposes only, and you assume sole and full responsibility for your own decisions and actions.
13.4 You should consult suitably qualified and retained professional advisors before embarking on any business or investment venture or changing any medical or health treatment protocol.
Transport Services, activities, and excursions
13.5 You agree that your participation in all retreat activities, accommodation use, travel and transportation (private, hired, public, with or without a hired driver) is purely voluntary.
13.6 You expressly agree to assume all the risk of injury and damage in participating in all activities, accommodation use and transport services and options offered during the Retreat.
Third-party service providers
13.7 You agree that Hayley Carr holds no responsibility for the action omissions of third parties or independent contractors, including in the event they modify the nature of a service or accommodation type as compared that to the advertised nature of the Retreat.
13.8 You acknowledge that any eventuality of the same risks is not grounds for refund or discount.
14. Force Majeure events (uncontrollable events)
14.1 A Force Majeure event is an event outside our control that delays or hinders our ability to perform its obligations under this Agreement.
14.2 A Force Majeure event includes but is not limited to fire, flood, earthquake or similar natural disasters, riot, war, terrorism, civil strife, labour disputes or disturbances, industry-wide material or services shortages outside our reasonable control, an outbreak of pandemic disease, governmental regulations, communication, technology or utility failures.
14.3 Hayley Carr shall not be deemed in breach of this Agreement for the delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from Force Majeure events.
14.4 Upon the occurrence of any Force Majeure Event, Hayley Carr shall give notice to Participants of her inability to perform or of delay in delivering and completing the Retreat. She shall propose revisions to the Retreat schedule for completion of the Services or termination services and this Agreement where it is determined that performance is not possible because of the duration of effect of the Force Majeure event.
14.5 Where services are terminated as a result of a Force Majeure Event, Parties agree every effort will be made by both parties to negotiate a financial arrangement to mitigate and share any loss resulting from the Force Majeure event.
15. Dispute Resolution
You understand and agree:
15.1 You will contact Hayley Carr immediately with any concerns so that they may be resolved quickly and effectively through friendly consultation.
15.2 In the event of a dispute you agree to the following Dispute Resolution Procedure:
i. You must advise Hayley Carr in writing of the nature of the dispute, the outcome you seek and what actions you believe will settle the dispute.
ii. You agree to meet in person or Skype, in good faith to seek to resolve the dispute by Agreement and compromise.
iii. If an agreement cannot be reached to resolve the dispute, any party may refer the dispute for mediation to the Law Society of New South Wales (NSW).
iv. Both parties must attend the mediation provided by the Law Society of NSW, in good faith, to seek to resolve the dispute through mediation.
15.3 Litigation via the court process may only be considered after a genuine attempt at mediation bought by either party, is unsuccessful.
15.4 Confidentiality is paramount to both parties personal and professional reputations and standing in their business and community.
15.5 At no time will any communications or discussions be made public including but not limited to any social media platforms or websites of either party.
15.6 Any public discussion or comments about either party will be considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
16. Governing Law
You understand and agree:
16.1 The Terms and Conditions of this Agreement are governed and construed under the laws of New South Wales, Australia.
16.2 Each party irrevocably and unconditionally submits to the exclusive jurisdiction of New South Wales.
17. Copyright Infringement
All content created by Hayley Carr cannot be used or sold elsewhere:
17.1 All material created by Hayley Carr International is copyrighted and cannot be used by clients in their own courses or teachings without explicit written permission from Hayley Carr. This includes material in all paid courses, workshops, Facebook groups, videos, audio recordings and coaching sessions. Terms created and used by Hayley Carr are also protected by copyright and should not be used by clients in their teachings.
By registering for this event, YOU, the Participant, affirm you have read and understood this Retreat Participation Agreement and voluntarily agreed to these terms.
Please download copy of this Retreat Participation Agreement here.